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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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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.
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.

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