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Nor Mohammad Abdoeh
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Quru’: Journal of Family Law and Culture
Published by Pusat Studi Penelitian dan Evaluasi Pembelajaran Yayasan NCC
ISSN : -     EISSN : 30325579     DOI : https://doi.org/10.59698/quru.v2i1.103
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Quru: Journal of Family Law and Culture, published by Pusat Studi Penelitian dan Evaluasi Pembelajaran. This journal is published regularly thrice a year, namely April, August, December. The focus of this journal examines research in the field of Islamic legal thought and Islamic family law, both literacy research and field research. The scope of this journals study is in the field of Islamic thought and Islamic legal thought related to family, human rights, marriage, divorce, inheritance, wills, grants, waqf, zakat and alms.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2025)" : 6 Documents clear
The Status of Civil Servants' Pension Fund Inheritance: A Comparative Fiqh Study between Bahtsul Masa'il NU and the Majelis Tarjih Muhammadiyah Abdul Rohim
QURU’: Journal of Family Law and Culture Vol. 3 No. 2 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i2.364

Abstract

One way to acquire wealth in Islam is through inheritance, where the estate left by a deceased person is distributed to their heirs based on Islamic principles of justice. However, in practice, disputes often arise regarding the status of a civil servant's (PNS) pension upon their death-whether it should be considered inheritance (tirkah) or not. This study aims to examine the principles of inheritance in Islamic law and analyse the views of Bahtsul Masail NU and Majelis Tarjih Muhammadiyah regarding the status of civil servant pensions. This research is library-based and employs a descriptive-analytical comparative method. The findings reveal that both organisations agree that a civil servant pension is not part of the tirkah and cannot be inherited in the traditional sense, but rather belongs to designated recipients such as the spouse or children. The difference lies in their methodological approaches: NU refers to the fatwas of scholars (qaul), while Muhammadiyah relies on the general (mujmal) wording of hadith. Both organisations also agree that Indonesia's regulations on civil servant pensions are not in conflict with Islamic law
An Analysis of 'Urf on the Practice of Jeluk-Jelukan in the Customary Marriages in Sambungmacan Village, Sragen Regency Lukluk Uljanah
QURU’: Journal of Family Law and Culture Vol. 3 No. 2 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i2.365

Abstract

Marriage is an order given by Allah to His servants which aims to create a family that is sakinah mawadah warahmah, so that Allah gives extraordinary gifts and rewards to the perpetrators. Marriage for Javanese people is something sacred and considered very important because the implementation of marriage is full of rituals which, when examined, have many meanings that can be interpreted as a manifestation of prayer so that the bride and groom and also their families get good things and away from disasters. In the customary law of Sambungmacan Village, marriage procedures are a combination of customary and Islamic law. According to local beliefs, if a person who wants to get married still has an older sibling who has not been married, it is very prone to disasters such as difficulty getting a mate for those who are stepped over, crazy, or kuwalat for the prospective bride and groom who step over. For this reason, the existence of this custom can prevent these disasters. The phenomenon that occurs in the Sambungamcan Village community if the younger sibling marries before the older sibling, then the older sibling is required to carry out the jeluk-jelukan tradition. This article aims to uncover the phenomenon of how 'urf and Islamic law review the jeluk-jelukan tradition that develops in the Sambungmacan Village community. This type of research is prescriptive field research, while the approach used is a legal normative approach, which is a problem approach by formulating whether something is or the object of research is good or should not be done so that it is in accordance with Islamic Law or not. The conclusion of this research is. This  jeluk-jelukan tradition is classified as  'urf fasid, because it overturns the Islamic faith when believing that the calamity comes because of violating or not carrying out the jeluk-jelukan tradition.  When viewed from the perspective of  'urf, it cannot be used as a basis or legal basis. In the review of Islamic law, this jeluk-jelukan marriage is contrary to Islamic law because the pillars of marriage are not fulfilled, namely without the guardian of the old widow. So it can be concluded that this jeluk-jelukan marriage is invalid. Because both of them are forced by customary law
The Paradox of Women's Protection: Why Women's Rights Remain Vulnerable in Cameroon Despite Legal Commitments Nana Charles Nguindip
QURU’: Journal of Family Law and Culture Vol. 3 No. 2 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i2.366

Abstract

Despite advancements in legal frameworks and gender equality discourse, women in Cameroon continue to face widespread rights violations, including Female Genital Mutilation, sexual abuse, child marriage, and harmful traditional practices. This persists despite Cameroon’s ratification of international instruments like CEDAW and the Maputo Protocol, raising concerns about the effectiveness of national legal and institutional responses. This study assesses the adequacy of Cameroon’s legal framework—specifically the Constitution, Penal Code, and Civil Code in addressing violence against women. Using a qualitative-descriptive approach with document and normative legal analysis, the research draws on primary legal texts and secondary sources such as institutional reports and academic literature. The findings reveal a significant gap between legal commitments and enforcement, highlighting the absence of a comprehensive law on violence against women and persistent societal and institutional barriers. The study calls for stronger legal reforms, improved implementation, and greater public awareness to ensure effective protection of women’s rights.
Analysis of the Best Interest Principle for Children in Custody Disputes Between Biological Mothers and Foster Mothers Layyinatusy Syifa; Fakhrurrazi M. Yunus; Riza Afrian Mustaqim
QURU’: Journal of Family Law and Culture Vol. 3 No. 2 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i2.404

Abstract

Custody disputes between biological and adoptive mothers often pose legal dilemmas as they involve both biological and social aspects, particularly in determining who has the stronger claim to raise the child. This study aims to examine and analyse the judges' reasoning at the first instance, appellate, and cassation levels, with reference to the application of the principle of the best interests of the child. Using a normative juridical method and a case study approach, the findings reveal that at the first instance and cassation levels, the principle of the best interests of the child was not comprehensively applied. The panel of judges focused primarily on formal provisions set out in the legislation, thereby neglecting the factual circumstances relating to the child's well-being. In contrast, at the appellate level, the Aceh Sharia Court adopted a different approach by prioritising the best interests of the child, reflecting a more holistic and child-centred perspective. These findings conclude that the application of the best interests of the child principle greatly depends on the interpretation of judges at each level of the judiciary. Therefore, a deep understanding of this principle is essential to ensure that legal decisions not only fulfil formal legal aspects but also have a positive impact on the child's future.
Sharia Courts in Colonial Tashkent: A Study of Qāḍī Records and Social Dynamics (1865-1917) Uktambek Sultonov
QURU’: Journal of Family Law and Culture Vol. 3 No. 2 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i2.416

Abstract

This article examines the qāḍī (Islamic judge) records in Tashkent during the Russian colonial period (1865–1917) as a vital source for understanding the social and legal history of Muslim communities in Central Asia. Following administrative reforms implemented by the colonial government, Islamic courts were required to systematically record judicial proceedings in two types of documents: akt daftar (transaction records) and ḥukm daftar (judgment records). This study employs a social-historical approach using document analysis, with primary data drawn from colonial archives containing qāḍī records. The researcher investigates the institutional structure of Islamic judiciary, documentation systems, legal language used, and transformations in Islamic legal practices under colonial influence. The findings reveal that despite experiencing administrative changes driven by colonial governance, the qāḍī records remained a significant reflection of the community’s social and economic life. These documents illustrate legal practices related to trade, rental agreements, inheritance, endowments (waqf), and labor contracts, while also showing the interaction between Islamic legal traditions and colonial regulation. Furthermore, the qāḍī records provide insight into colonial efforts to control local religious institutions and their role in society. Thus, the study of qāḍī records offers a significant contribution to the legal and social history of Muslim communities in colonial Central Asia.
Navigating the Ethics and Legalities of Surrogacy in India: A Critical Analysis of the Surrogacy (Regulation) Act of 2021 Aparna Singh; Vidhi Krishnan
QURU’: Journal of Family Law and Culture Vol. 3 No. 2 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i2.430

Abstract

This paper aims to critically examine the ethical and legal dimensions of compensated surrogacy in India within the context of the enactment of the Surrogacy (Regulation) Act of 2021, which bans commercial surrogacy and allows only altruistic (non-paid) surrogacy. Through a feminist critical approach, this paper explores the tensions between three main perspectives in the surrogacy discourse: abolitionist (calling for a total ban), reformist (advocating for strict regulations), and libertarian (emphasizing individual freedom and market forces). The research method used is a qualitative study based on document analysis and literature review. The author analyzes national legal sources such as the Surrogacy Regulation Act of 2021, and compares India's legal framework with international practices in other countries such as the United States. In addition, the author examines previous studies on the experiences of surrogate mothers, their socio-economic conditions, and the cultural narratives that influence public perceptions of surrogacy. The analysis reveals that a total ban on commercial surrogacy could create new forms of exploitation by disregarding the value of women's reproductive labor and limiting their economic choices. Previous commercial surrogacy practices in India have indeed shown various issues, such as social inequalities between surrogates and intended parents, as well as weak legal protection. However, rather than endorsing a complete ban, this paper advocates for the implementation of a regulated compensated surrogacy model that acknowledges the physical and emotional labor of surrogates while providing adequate legal and ethical protections. In conclusion, the author emphasizes that a balanced regulation, rather than an outright ban, would better address the socio-economic realities of women in India. By offering an approach that combines reproductive autonomy and legal protection, this model creates a realistic middle ground between unlimited commercialization and the altruistic approach that fails to respond to the real needs of surrogate mothers.

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