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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 7 Documents
 1 
Search results for , issue "Vol. 3 No. 3 (2025)" : 7 Documents clear
Review of Islamic Law Compilation on the Obligation to Provide a Buffalo Dowry in Marriage (A Case Study in Sidigede Village, Welahan District, Jepara Regency) Muhammad Hilalut Tamami; Muhammad Taufiq Zam Zami
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.392

Abstract

The giving of a buffalo dowry or Prasah is a tradition in the customary marriage of Sidigede Village, Welahan District, Jepara Regency, in which a male buffalo is given by the prospective groom to the prospective bride. The buffalo Prasah has become an identity or characteristic that distinguishes Sidigede Village from other villages. The obligation to give a buffalo dowry is carried out when parents marry off their only son to a local village girl. This study was conducted to determine the application of the dowry obligation in traditional marriages in Sidigede Village, Welahan District, Jepara Regency, and to determine the review of the Compilation of Islamic Law regarding the obligation to give a buffalo dowry in Sidigede Village, Welahan District, Jepara Regency. In this study, the author used field research and an empirical juridical approach. The data collection techniques used were interviews, observation and documentation. The results of this study show that the community of Sidigede Village, Welahan District, Jepara Regency has a very unique tradition in traditional marriage, where in this traditional marriage, the prospective groom gives a dowry of a super-sized male buffalo worth 50 million rupiah or more, which is termed prasah. The obligation to provide a buffalo prasah is carried out when parents marry off their only son to a local village girl. Therefore, even if the groom's family is economically disadvantaged, they will still try to fulfil this obligation. The Compilation of Islamic Law explains the procedures and determination of dowry payments, as contained in Articles 30, 31, 32, 33 paragraphs (1) and (2), 34 paragraphs (1) and (2), and 38 paragraphs (1) and (2). These articles are broadly in line with the practice of giving dowry carried out by the Sidigede community, but the practice of requiring a buffalo is not in line with Article 31 of the KHI, which regulates the simplicity and ease of dowry.
Shattering the Phallocentric Barriers: Examining Gender Jurisprudence in the Context of Women’s Reservation and Political Empowerment in India Rajeev Kumar Singh; Anushka Trivedi
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.429

Abstract

The Women’s Reservation Act of 2023 represents a landmark legal effort to promote gender equality in India’s political system. Despite progress in education and employment, women’s political participation, especially among marginalized groups such as Dalits, tribal communities, and religious minorities, remains limited due to intersecting forms of discrimination. This study aims to analyze the impact of the Women’s Reservation Act on the political representation of marginalized women, examining how intersectionality shapes their experiences and the extent to which the law addresses structural barriers. The research employs a qualitative approach, including a thorough review of relevant literature, legal analysis, and case studies focusing on underprivileged women’s political participation. This method allows for an in-depth understanding of the Act’s implementation challenges and its effects on marginalized groups. The Women’s Reservation Act is a crucial step toward enhancing women’s political empowerment; however, its success in combating intersecting discrimination depends on addressing deeper social and institutional obstacles. The study highlights the need for targeted interventions and policy reforms to ensure that political inclusion under the Act genuinely benefits all women, particularly those from marginalized backgrounds, thus paving the way for a more inclusive and representative democracy.
Safeguarding Women's Rights and Heirship: An Evaluation of Mandatory Muslim Marriage Registration in Sri Lanka Iqbal Saujan; Seeni Mohamed Mohamed Nafees; Iqbal Subhan Nugraha
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.462

Abstract

Marriage registration serves as a pivotal legal mechanism for safeguarding the rights of spouses and heirs. In Sri Lanka, while marriage registration is obligatory for most communities, it remains optional for Muslims under the Muslim Marriage and Divorce Act (MMDA) of 1951. This study examines the necessity of mandatory Muslim marriage registration in Sri Lanka through the framework of Maqāṣid al-Sharīʿah. Utilizing legal analysis, this study assesses the impact of optional registration on women's rights and the legal status of heirs, highlighting challenges such as inheritance disputes, economic vulnerabilities, and child marriage. It also highlights the historical context of marriage registration in Sri Lanka, comparative practices in other Muslim-majority countries, and the perspectives of Islamic scholars on marriage registration. The findings emphasize the alignment of mandatory registration with the objectives of preserving lineage (ḥifẓ al-nasl), wealth (ḥifẓ al-māl), and dignity (ḥifẓ al-ʿird). The article concludes by proposing policy recommendations for legal reforms to the MMDA to mandate marriage registration, thereby enhancing the protection of the rights and well-being of the Muslim community in Sri Lanka. 
The Maqasid al-Shari’ah and the Protection of Family Economics in Islamic Law: A Reflection on Surah al-Baqarah 2:188 Saidu Ado; Mohammad Abdel Salama; Abdallah Saleh Abdallah
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.477

Abstract

Islam is a comprehensive way of life and a dynamic religion that encourages its followers to adhere to its teachings in addressing new and emerging issues through the application of Maqasid al-Shari’ah. This study explores the role of Maqasid al-Shari’ah in safeguarding family economics within Islamic law, with particular reference to Surah al-Baqarah verse 2:188, which provides divine guidance prohibiting unjust appropriation of others’ wealth. The family unit is the fundamental pillar of society, and its economic stability is crucial for social welfare and justice. However, economic challenges such as unfair wealth distribution, fraud, and mismanagement threaten family wellbeing. The objective of this paper is to acknowledge the principle of Maqasid al-Shari’ah known as the protection of wealth (hifz al-mal) as a sustainable solution to economic crises faced by families and society at large. The research addresses how Maqasid al-Shari’ah can be effectively applied within Islamic jurisprudence to preserve family economic rights and prevent economic harm, thus promoting economic justice and social harmony. Using a combined research methodology that involves both qualitative doctrinal analysis of primary Islamic legal texts (including the Qur’an and classical jurisprudence) and empirical data from fieldwork, this study also employs thematic analysis to identify key principles relevant to economic protection in families. The findings suggest that implementing the objectives of Maqasid al-Shari’ah, particularly hifz al-mal, offers practical and ethical solutions to contemporary economic challenges. By integrating these principles into daily life and governance, economic crises can be mitigated while strengthening social justice and preserving family welfare. Surah al-Baqarah 2:188 reinforces this framework by emphasizing the prohibition of corruption and wrongful seizure of wealth. Ultimately, this study concludes that Maqasid al-Shari’ah provides a holistic and dynamic approach for addressing economic issues within the family and broader society in accordance with Islamic law.
The Principle of Al-Darar Yuzal (الضرر یزال) in Islamic Family Law Perspective: Implications of Premarital Medical Testing for the Prevention of Sickle Cell Disease and Implications on Marriage: Aishatu Abubakar Kumo; Ahmad Muhammad Jungudo; Murtala Muhammad Abdu
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.481

Abstract

Premarital medical testing serves as a preventive mechanism whereby prospective couples undergo medical screening to detect genetic, infectious, and blood-transmitted diseases such as Sickle Cell Disease (SCD). This practice has become increasingly relevant in light of the rising number of children born with genetic disorders, particularly in regions with high SCD prevalence such as sub-Saharan Africa. While premarital screening has sparked debate within certain cultural and religious contexts, Islamic jurisprudence offers a compelling framework that supports such preventive health measures. This study aims to examine the legal and ethical justification of premarital genetic testing from the standpoint of Islamic law, focusing specifically on the maxim Al-Darar Yuzal (harm must be eliminated), one of the five major legal maxims (Al-Qawa’id Al-Kubra) in Islamic jurisprudence. Employing a qualitative and doctrinal research methodology, the study utilizes content analysis of classical juristic texts, contemporary academic literature, and public health data. Through this approach, the paper critically explores arguments both for and against premarital testing while highlighting the relevance of Islamic principles that prioritize the elimination of harm and the preservation of public health. The findings suggest that Islam not only permits but encourages any lawful measure aimed at safeguarding human health, provided it does not contradict the core teachings of the Shari’ah. Ultimately, the study concludes that premarital genetic testing especially for conditions like SCD is not only compatible with Islamic teachings but also aligned with the broader objectives of Shari’ah (Maqasid al-Shari’ah), particularly the protection of life and progeny. As such, both government and religious institutions should actively promote premarital screening as a responsible and preventive step toward ensuring healthy future generations.
Handling Cases of Child Sexual Abuse from an Islamic Legal Perspective (Case Study at DP3A Banda Aceh) Nada Adzkia; Fakhrurrazi M. Yunus; Aulil Amri
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.482

Abstract

The protection of children is a fundamental aspect of Islamic teachings, especially in terms of sexual violence that touches on issues of morality, dignity, and humanity. Islam strictly prohibits adultery and actions that lead to it, including sexual abuse of children. A severe issue that persists in Indonesia is sexual violence against minors, including in Banda Aceh City, with various forms ranging from harassment to rape. Children who should receive protection actually become victims in their immediate environment, such as family, neighbours, and even peers. Through a case study at DP3A Banda Aceh, this study seeks to examine how situations of sexual abuse against children are handled from the standpoint of Islamic law. Data were gathered through observations, interviews, and literature reviews from books, journals, rules and regulations, and Qur'anic verses using a legal sociological method and a normative-empirical juridical approach. The study was descriptive and qualitative in nature. According to the study's findings, DP3A Banda Aceh plays a significant role in providing social recovery, legal support, and psychological support to victims of sexual assault against minors. However, this effort still faces various challenges, such as minimal reporting of cases, social stigma against victims, and limited human resources and coordination between institutions. In the context of Islamic law in Aceh, handling this case requires a comprehensive approach, integrating religious values, local customs and the national legal system to give children, the country's future generation, the best possible protection.
Waqf Governance Post-Umeed Act, 2025: Challenges and Opportunities in Contemporary India Shalini Shukla; Chandra Prakash Singh
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.486

Abstract

This research paper examines the transformation of India’s Waqf Act, 1995 into the UMEED (Unified Waqf Management, Empowerment, Efficiency, and Development) Act 2025, analysing its implications for religious freedom, minority rights, and federal governance in India. The study traces the historical evolution of Waqf legislation from British colonial rule through independent India, highlighting how management of Muslim religious properties has been shaped by administrative needs and political considerations. The paper reveals that while the 2025 amendment aims to modernize Waqf administration through digital systems, enhanced transparency, and professional management, it fundamentally alters the nature of community control over religious endowments. Key changes include mandatory inclusion of non-Muslim members in Waqf boards, transfer of decision-making authority from community bodies to District Collectors, elimination of traditional oral Waqf practices, and centralized digital registration requirements. The research identifies significant constitutional challenges arising from these reforms, particularly regarding religious autonomy under Article 26, minority rights under Articles 29-30, and federal structure principles. The study concludes that while the Act addresses legitimate concerns about property mismanagement and corruption, its approach may undermine constitutional protections for minority communities and disrupt the delicate balance between modern governance requirements and traditional religious practices, potentially setting precedents for future interventions in religious institutions.

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