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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 55 Documents
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Cultural Harmony: East Loloan Traditional Marriage in Jembrana Regency (A Comparative Study of Islamic Law and Customary Law) Rizal Fahmi
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.172

Abstract

One of the religious recommendations to improve the lives of its people is through the institution of marriage. Marriage plays an important role in human life. In the East Loloan community, a common phenomenon is the very important preparation and implementation of the kelakat ritual for the bride and groom before marriage. Failure to perform or breaking this tradition is often associated with unwanted events such as trance, chronic illness, or undercooked dishes. Therefore, the families of the bride and groom are very careful in carrying out the wedding ceremony in order to avoid bad luck. The subject matter debated in this thesis is the perspective of Islamic law and customary law on the tradition of the wedding procession in East Loloan. This research is a field study with a qualitative approach. Data were obtained through interviews, observations, and documentation studies. The research approach is descriptive-comparative with a normative approach. The conclusion of this study is that although the kelakat tradition is considered valid according to custom and is passed down from generation to generation by the local community, this approach is different in principle from Islamic teachings. However, in practice in East Loloan, there are efforts to achieve similar goals between customary marriage and Islamic law, namely maintaining harmony and justice in marital relationships.
Gender and Human Rights Challenges: An Analysis of the Iranian Government's Political Influence on Family Law Sulung Najmawati Zakiyya
QURU’: Journal of Family Law and Culture Vol. 2 No. 1 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i1.173

Abstract

From the early 20th century to the present day, Iran has undergone various political changes that have affected the regulation of family law in the country. From the codification of civil law in 1928-1935 to the Islamic Revolution of 1979, various political regimes have influenced the interpretation and implementation of family law, which in turn affected the status and rights of women and society as a whole. This article attempts to analyze the evolution of family law in Iran, focusing on the impact of politics on gender equality and human rights. It also discusses the challenges and controversies that have arisen in relation to the reinterpretation of Islamic family law following the Islamic Revolution. Although some reforms aimed to improve women's protection, in many cases, new interpretations of family law have reinforced patriarchal norms and restricted women's freedom in various aspects of life. Through a literature review and policy analysis, this article presents significant changes in family law regulations, including restrictions on polygamy, divorce proceedings, and inheritance rights, and how they affect women's rights in Iran. The results show that political influences on family law in Iran have had a significant impact in the context of gender equality and human rights. From the codification of civil law to new interpretations after the Islamic Revolution, various political regimes have shaped legal frameworks that affect the status and rights of women and society as a whole. While some reforms have aimed to improve women's protection, in many cases, reinterpretations of Islamic family law have reinforced patriarchal norms and restricted women's freedoms. Therefore, an in-depth understanding of the relationship between politics and family law is essential to strive for more inclusive and progressive changes in order to achieve gender equality and human rights in Iran.
Islamic Law Analysis of Divorce Intervened by Parents (Case Study in Jatirogo Village, Bonang Subdistrict, Demak District) Khoridatul Himmah; Inna Faizatal Ngazizah
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.358

Abstract

A husband's economic condition becomes a problem in a child's family. Parental intervention is a natural thing, but in a child's household, let the child live independently and learn to manage problems in the household. However, what if parental intervention results in divorce when the problems in the household can actually be resolved well. This happened in Jatirogo Village, Bonang District, Demak Regency. Some married couples divorce due to parental intervention. The aim of this research is to describe the forms of parental intervention towards children's families which result in divorce, the factors of divorce caused by parental intervention towards married couples, and to describe the views of Islamic law regarding forms of parental intervention in divorce towards children's families. This researcher used qualitative methods, with a type of field research, data collection process, interview method with 3 informants who were directly interviewed in a structured manner. This research was conducted for 2 months. The results of the research show that the factors that influence parents to intervene in divorce in Jatirogo Village, Bonang District, Demak Regency are: The presence of parental intervention factors has several impacts on the family and household on children, including the very different parenting patterns of mothers and fathers, changes in thinking patterns and character in children, the presence of traumatised attitudes and mental weakness. Apart from that, this research shows that the analysis of Islamic law intervened in parental divorce in Jatirogo Village, Bonang District, Demak Regency. Based on research results, this form of parental intervention is not prohibited in Islamic law, however, if it causes bad impacts such as divorce experienced by husband and wife households.
"Assessing Government Regulation No. 45/1990 through the Lens of John Rawls' Theory of Justice: Implications of Polygamy Prohibition for Female Civil Servants" Sarifah Alawiyah
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.360

Abstract

Basically, regulations are made to provide benefits and guarantee the rights of individual humans. In fact, the practice of polygamy is the right of everyone, both men and women, because polygamy itself is not prohibited even though it must fulfil certain conditions. In order to create this goal, legal protection must be provided. However, this protection is still inadequate, especially for women. In Article 4 paragraph (2) of Government Regulation Number 45 of 1990, female civil servants are not given the right to choose a life partner because it is prohibited in the regulation. The purpose of this article is to analyse the extent to which the existence of the regulation really provides justice from the perspective of John Rawls' theory and what is the background of a woman who works as a civil servant is prohibited from polygamy? 2) and how does John Rawls' theory of justice review the prohibition of polygamous civil servant women based on Government Regulation Number 45 of 1990? This research uses qualitative methods, while this type of research is literature, with a normative juridical approach. The conclusion of this article is that the prohibition of polygamous female civil servants is motivated by factors of employment status, factors of disruption of work duties and responsibilities, and behaviour and actions. The existence of PP Number 45 of 1990 is actually contrary to John Rawls' theory of justice in the Principle of Equal Liberty aspect, as evidenced by the fact that the regulation does not allow a woman to choose a life partner even as a second wife. This proves that the regulation does not accommodate human rights because marriage is the right of every citizen. Meanwhile, in the aspect of The Principle of Difference, the existence of these rules is also contradictory. It is proven that the existence of these rules provides a gap for a man to be polygamous and closes the gap for women to be polygamous. This makes a difference in regulations in treating men and women.  Because the principle of difference actually realises justice without discriminating between sexes.
Exploring Community Perceptions of Halal Slaughtering: Its Impact on Family and Social Obligations in Ampara District, Sri Lanka Iqbal Saujan; M.H.M.Sifkan; S.I. Nimsith; S.M.M. Nafees
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.370

Abstract

Islam serves as a comprehensive guide for human beings, governing their daily affairs, including earthly life and the hereafter. Islamic jurisprudence categorises all human conduct into permissible (halal) and forbidden (haram). Islam emphasises the proper preparation of halal meat for consumption. This study aims to explore perceptions of halal slaughtering among butchers in the Ampara district of Sri Lanka's Eastern province. In this qualitative study, researchers used a descriptive approach. Data were collected through questionnaires and literature review to construct a framework of Halal Slaughtering (Dhabihah). The study used Purposive Sampling Method (PSM) to select 100 butchers, with 88 usable questionnaires returned (Response rate 88%). Descriptive statistical analysis was conducted using SPSS (Version 24). Findings indicate participants have a comprehensive understanding of halal slaughtering practices as prescribed in Islamic law. However, the study identifies areas of deficiency in perceptions, particularly regarding animals not witnessing slaughter (X̄ = 3.00), facing the Qiblah (X̄=3.01), and severing trachea, larynx, and associated structures in a single operation (X̄ = 3.09). Knife sharpening (X̄ = 4.98) and continuous slaughter of multiple animals recitation of "Bismillahi Allahu Akbar" during slaughtering cannot be ensured. To ensure strict implementation of halal slaughtering, The Halal Assessment Council (HAC) should initiate mechanisms to ensure halal slaughter and issue authenticity certificates, Al Cylon Jamiyyathul Ulama and All Mosques Federation organise awareness programmes for butchers and provide guidance, and revoke permits for proprietors not adhering to halal regulations. Furthermore, the researchers posit that the study's outcomes will establish a foundation for future research endeavours and prompt policymakers to consider regulating halal slaughtering processes.
Women's Advocacy for Appointing Women Qāḍī in Sri Lanka: A Juristic Analysis M.B. Fowzul
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.372

Abstract

The women's organisations in Sri Lanka have been advocating for three decades for appointing women Qāḍī. However, the association of predominant religious leaders, namely All Ceylon Jam-e-athul Ulama (ACJU), opposes women's demands. Consequently, there has been a deadlock between the ACJU and its reform proponents. This deadlock has created chaos and public debate among not only Muslims but among the other religious groups in Sri Lanka. Therefore, to fulfil this timely need, this study analysed the possibilities of the appointment of women Qāḍī (judges) in Sri Lanka from a juristic perspective. Because it is a juristic analysis, this study mainly focuses on secondary data drawn from the Quran and the Hadith and the opinions of classical and modern jurists. However, the interviews were conducted to find the insights of the experts in the Muslim Marriage and Divorce Act (MMDA) of Sri Lanka as primary data, which greatly supported the secondary data. This study deeply delves into the justifications of reform proponents and the counterarguments of religious leaders from a juristic perspective. Finally, this study found that even though the reform proponents propose alternative views to achieve their demand, the ACJU vehemently denies it, criticising that their demand is impracticable, according to the text and the context, since the Shafie Madhhab governs the Muslim Family Law in Sri Lanka. However, this study provides some suggestions and recommendations to curb the malpractices women face in the system.
"The Increasing Number of Waria in Banda Aceh: Between Social Challenges and Law Enforcement" Siti Zaviera; Mizaj Iskandar
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.405

Abstract

One of the things that is currently rife is the case of liwath or male to male intercourse with the willingness of both parties carried out by waria (female-male) or with a normal male appearance. In general, waria have no space in the religious and social spheres of society, because it goes back to the definition of waria itself which is in the middle between women and men. The region known as "serambi mekkah" has a special legal authority that is binding, namely Islamic law or called qanun. Qanun itself is still used today, one of which is Aceh Qanun Number. 6 of 2014 which regulates the jinayat law, jinayat is enforced to punish the perpetrators of khalwat, ikhtilath, and other adultery things that violate Islamic law. The purpose of this study is to examine whether there are legal facilities given to Aceh to implement legal actions and how the enforcement to date by the assigned parties. This research is a field research with qualitative method with empirical juridical approach. The result of this research is that the applicable legal position has been implemented as it should be and the winner of the transvestite contest who carries the name of Aceh is not domiciled in Aceh, while Qanun law applies where a person is located, so the Aceh government cannot give a warning or counselling as long as the transvestite is not in the Aceh area. Although there is a regulation of uqubat cambuk that may be applied to transvestites, the punishment can only be carried out if there is something that is violated, but if the transvestite is just living like an ordinary citizen, he cannot be subjected to this punishment because transvestites are a social disorder/disease, not something that violates positive legal rules, even though it is against Islamic law and occupies an area that applies Islamic law, but the right to live as an Indonesian citizen is still protected by Human Rights.
Waqf Law in the Muslim World: A Study of the Organization and Administration of Waqf in Tunisia Cipto Sembodo; Zainul Arifin; Ahmad Syafii Rahman; Supriati Hardi Rahayu
QURU’: Journal of Family Law and Culture Vol. 3 No. 1 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i1.417

Abstract

This research examines Islamic waqf in Tunisia, a topic that is rarely discussed in contemporary studies, especially from a historical and sociological perspective. Most of the existing studies focus more on normative aspects such as the laws, conditions, and pillars of waqf. In contrast, empirical research looking at the historical and sociological aspects of Islamic waqf is limited to local cases. Tunisia, which is known to be liberal in Islamic law reform, especially in the field of family law, rarely has in-depth studies on waqf. The purpose of this study is to analyse the organisation and administration of waqf in Tunisia and its impact on society. The research uses the literature method with a normative juridical approach which is descriptive analytical in nature. The results show that the organisation and administration of waqf in Tunisia are influenced by internal Muslim factors as well as government policies. The government, in particular, has a very dominant influence in the process. There are two main motivations from the ruling party: first, economic motivation that emerged since the French protectorate, which encouraged economic capitalisation; second, political motivation that initially supported certain political processes, but later developed for other political interests, as happened during the time of President Habib Bourguiba. The practice of waqf administration in Tunisia mostly involves administrative reform efforts in the broader context of Islamic law. Although there is no clear form of productive waqf, waqf in Tunisia has evolved in terms of its form and implementation mechanism in a more professional manner.
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

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