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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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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.
Harmony of Law and Religion: A Maqāṣid Ash-Sharī'ah Analysis of Marriage Registration According to the Fiqh and Law No. 1/1974 sehabudin
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.v2i1.180

Abstract

In an effort to regulate marriage and reduce the practice of underhand marriage (sirri) in Indonesia, the government has imposed two requirements: material and administrative requirements. Material requirements include provisions related to the pillars of marriage, both those stipulated in fiqh and the law. Meanwhile, the administrative requirements relate to marriage registration, which is regulated in Article 2 paragraph (2) of Law No. 1/1974 on Marriage. The procedure for this recording is explained in Government Regulation Number 9 of 1975. The addition of marriage registration as a condition of marriage has caused controversy among Indonesian legal experts. This controversy is caused by the interpretation of Article 2 paragraphs (1) and (2) of the Marriage Law, as well as differences in the concept of walīmah and Surah Al-Baqarah (2): 282, as well as the necessity of recording in the field of muamalah. This research is a literature research that uses literature study as the main source of data. This data collection method includes primary, secondary, and tertiary data, with a descriptive-analytical and comparative approach. The analysis involves the concept of marriage registration in the Book of Jurisprudence and Law No.1/1974 as well as the urgency for the perpetrators of underhand marriage using maqāṣid ash-sharī'ah analysis. The results show that marriage registration in the Book of Jurisprudence and Law No.1/1974, by applying maqāṣid ash-sharī'ah analysis, shows that the command to register marriage is implicit in the Book of Jurisprudence and explicit in the UUP. Marriage registration, especially for perpetrators of irregular marriages, is in accordance with the objectives of syarak. A marriage certificate can protect religion, soul, mind, offspring, and property before the law, ensuring the benefit of the household (harmonious and lasting family) is achieved.
Legal Protection and Notary Responsibilities: A Review of the Deed of Testament in the Context of Civil Cases Robiatul Adawiyah
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.181

Abstract

A testament deed is an authentic deed that has perfect proof. Testament is a unilateral will, so it does not require agreement with other parties, as a partij deed, the Notary only formulates the wishes of the Testator, because it involves property it often causes problems so that it is possible for a lawsuit against the testament deed. Analysing the decision of the Yogyakarta District Court No. 58/PDT.G/2011/PN.YK.Problem formulation: Legal protection for Notary related to the deed of will in civil case connected with Law No. 2 Year 2014, and Notary's responsibility towards the deed of will in civil case. The purpose of the research: to know the legal protection for Notary related to the deed of will in civil case in relation with Law No. 2 Year 2014. To find out the responsibilities of the Notary towards the testamentary deed in civil cases. The research method used in this research uses a normative juridical approach with additional interviews. The normative juridical approach is sourced from data collection obtained from library materials and then analysed by qualitative analysis method. The conclusion of the research is that the Notary is only responsible for the formal form of the deed he made, and is not responsible for the content of the deed. The protection of the Notary is that the will deed is a unilateral act, does not need the consent of other parties, as a partij deed, the Notary only formulates the wishes of the Testator, not as a party to the deed (Articles 52, 53 UUJN), besides that it is based on Article 66 of the UUJN which previously had to be approved by the MPD, currently replaced by the Notary Honor Council. Notaries are protected if they have fulfilled the requirements that must be met in making a deed of will. The author suggests that in making a deed, it is necessary to be careful, and adhere to the rules of the Notary Office. In addition, the Notary needs to provide information related to the will deed to the maker of the will and the party concerned. The government is expected to form regulations governing the protection of Notaries.
Dispute Between Waqf Land Vs. Inherited Land (Analysis of the Judge's Presumption as Evidence in Case No. 174/Pdt.G/ 2017/MS.Bna) Muhammad Husnul; Siti Jum’ah
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.v2i1.183

Abstract

This research discusses the invalidity of the Deed of Replacement of Waqf Pledge Deed on land belonging to the heir who rejected APIAW whose final implication at the appeal stage was that the deed was null and void because contrary to the evidence presented by the plaintiff and the judge's considerations in the form of the judge's guess. The issue of concern is whether the judge's opinion as one of the judge's considerations at the cassation stage can be used as evidence in this case. The research method used is qualitative with a normative juridical approach. The results of the research show that judges can use their assumptions as evidence in their considerations when deciding cases with the assumption that the evidence presented by the plaintiff and defendant has not been able to convince the judge. However, in the end, based on the judge's estimates, it could be concluded that APAIW and the Certificate of Ownership (SHM) had no legal force (not inkracht).
Normative Harmonization: The Eclecticism of Talak Law as a Compromise between Islamic Legal Principles and Indonesian Legislation Khasan Alimudin; M. Rifa Jamaludin Nasir
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.187

Abstract

This article discusses the validity and legal consequences of divorce in Islamic law and positive law in Indonesia. This research uses a qualitative approach with deductive analysis method and literature study with Normative-Juridical approach. The results show that divorce is considered valid in Islamic law if it fulfills the predetermined conditions. On the other hand, in Indonesian positive law, divorce is recognized as valid if it is carried out through a court hearing process in accordance with Law No. 1 of 1974 concerning Marriage. In terms of post-divorce legal consequences, both Islamic law and Indonesian positive law regulate the rights, positions and obligations of former husbands and wives. Indonesian positive law, particularly in relation to divorce, has undergone legal eclecticism, incorporating the principles of legality, justice and humanity. Meanwhile, in the context of Islamic law, these principles are manifested in the concept of mashlahat, which covers five aspects, namely the maintenance of religion, soul, mind, offspring, and property.
Analysis of Liability and Legal Protection of Land Deed Officials (PPAT) Review of Court Decision No. 43/Pdt.G/2017/PN. Slt Fajar Fitrio Dwi Nugroho
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.189

Abstract

This research aims to explore the legal protections and responsibilities assumed by Land Deed Officials (PPATs), particularly in the context of Court Decision No. 43/Pdt.G/2017/PN. Slt. Using a case study approach, we identify factors that affect the legal responsibilities of PPATs under the judgment. While evaluating whether the existing legal system has provided adequate protection to them. This research uses a juridical sociological approach method with a descriptive analytical nature, as well as primary data collection techniques through interviews and secondary data through an inventory of books, documents, and articles. The results of the analysis show that Court Decision No. 43/Pdt.G/2017/PN. Slt provides an important insight into the responsibility of PPAT in making land deeds. The implications of these findings are discussed in the context of improving a more effective legal system to ensure adequate protection for PPATs and the public interest in property transactions. The results show that PPATs must be responsible for the validity of the deeds they make in accordance with the rules and principles, and they are responsible for attending the trial. However, based on the precautionary principle, PPATs need to increase caution in making land payment settlement notes. In relation to the legal protection of PPATs, they are entitled to both mental and physical protection from interference and threats from any party.
Wife's Right to Property After Divorce: An Examination of Islamic Law and Legislation in Religious Court Decisions in Yogyakarta City Najichah
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.190

Abstract

Indonesia as a sovereign state pays great attention to the rights of its citizens, especially in the context of marriage between men and women, through Islamic family law. Although there are still many divorce cases, the Religious Court as a judicial institution that handles family matters for Islamic citizens, plays an important role in positioning women fairly. However, the importance of wise, intelligent, honest and highly ethical judges cannot be ignored. Judges must be able to understand and apply the law with justice to all litigants, especially in divorce cases where women's rights are often neglected. Research into court decisions is important to see the extent to which judges consider women's interests in their decisions, especially in the context of post-divorce rights that have been formulated in Indonesian Islamic family law. The focus of this research is the wife's rights to post-divorce property as regulated in the legislation, as well as the extent to which these legal products are in accordance with the principles of gender justice. This research uses a qualitative approach with a field study at the Yogyakarta Religious Court. Data were collected and analyzed descriptively analytically, describing events related to court decisions. The gender approach was used to analyze the written law as well as what was decided by the judge in the court process. The results show that the rights obtained by women after divorce in Indonesian Islamic family law, such as the right to mut'ah, the right to maintenance, the right to refuse reconciliation, the right to hadlanah, and the right to joint property, are not discriminated against based on gender. There are no signs of marginalization, subordination, double workload, negative labeling, or violence against woman in Indonesian Islamic family law.
Family Transformation Toward Sakinah: A Review of Tarekat Naqsabandiyah Khalidiyah Role in Darul Ulum Islamic Boarding School Turi Panekan Magetan Choirul Daroji
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.192

Abstract

Marriage is a very sacred ceremony, which aims to achieve happiness and in fact this marriage ceremony is inseparable from the rules set out in religious law. The main goal is to form a family filled with love and affection. However, in this day and age, the concept of family has lost its spiritual dimension as a means of worship to the Creator. Marriage is often considered a mere formality process, a social agreement between two individuals of different genders. As a result, the sacred meaning of marriage, where God is the witness to the covenant, is dimmed due to the lack of spirituality that pervades society. Family well-being is often measured in material terms, while spirituality plays a more important role. Therefore, the author is interested in examining families that have more value in the spiritual aspect, especially families related to tarekat. The purpose of this study is to uncover the impact of tarekat teachings on family well-being. In this article, the theory of spiritual intelligence is used as a foundation. The research method used is descriptive-analytical field research, using phenomenological and psychological approaches. Data were collected through interviews with primary sources consisting of murshids and students of the Naqsabandiyah Khalidiyah tarekat, as well as using secondary sources in the form of references from relevant books and journals. The results showed that marriage involves divine and human commitments, and is a social covenant. The implementation and role of the family in the Naqsabandiyah Khalidiyah tarekat take place as families in general. Therefore, tarekat can be considered as an alternative solution in forming a spiritually prosperous family
Comparison of Customary Law and Islamic Law on the Tradition of Donation in Walimatul 'Urs: in Padukuhan Nepi, Kranggan Village, Galur Sub-district, Kulon Progo Regency Rizka Mubarokati
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.193

Abstract

Marriage is a noble sunnah that has been carried out by the Prophets and Messengers and the early and late generations who followed their guidance. Walimah itself means a celebration, a banquet specifically for marriage and is not used for events outside of marriage. Walimah according to the custom in Padukuhan Nepi is very important so that to hold a walimah the community has its own way to create the event such as collecting donations with the tonjokan tradition, namely giving in the form of food or groceries given before the walimah takes place. The subject matter discussed in this thesis is how the practice of how customary law and Islamic law views the practice of giving donations walimatul 'urs? and how does the community respond to the practice of giving donations at walimatul 'urs itself? This research is a field research. Data collection techniques include observation and literature study conducted by documenting documents and literature related to the research material. This research is descriptive comparative with normative and sociological approaches. Then the analysis method used is comparative analysis to compare the two concepts and find the meeting point of the two concepts. The results of this study indicate that in understanding the practice of donations in walimatul 'urs, Islamic law provides more benefits and convenience compared to customary law. In Islamic law, giving a donation is not an obligation but a voluntary gift that is believed to be rewarded by Allah SWT, while in customary law, especially the custom in Nepi Padukuhan, giving a donation at walimatul 'urs is an obligation because if it is not implemented, it will get its own sanctions from the local community.
Matchmaking in Sunan Giri Salatiga Islamic Boarding School: A Review of J.S. Mill's Utilitarianism Muhammad Ova Lutfi Badrul Huda; Ali Geno Berutu
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.197

Abstract

This article analyses the concept of utilitarianism proposed by J.S. Mill and its application in the context of arranged marriages at Sunan Giri Islamic Boarding School in Salatiga. Furthermore, the purpose of this research is to analyse an arranged marriage that occurs in an Islamic boarding school using the theory of utilitarianism presented by J.S. Mill.  The research applied is field research with a qualitative method that is descriptive analytical, and uses a phenomenological approach using J.S Mill's theory. Data was collected through interviews conducted with the parties involved both online and offline, which in this case is the Kiai of the pesantren or Abah Rikul and senior students and students who have been successfully matched. It was found that in terms of the causes and effects of matchmaking that occurred in line with the ultimate goal to be achieved by utilitarianism. The results showed that the arranged marriage that occurred at Pondok Sunan Giri was actually to maintain the principles of utilitarianism, namely as follows: a) In the aspect of usefulness that arranged marriages are actually to maintain the dignity of the santri themselves. b) Then in the aspect of justice, that arranged marriages that occur at the cottage are democratic in which the final decision holder is fully in the approval of the prospective bride and groom, c) Then then there are individual interests. As a basic capital, to serve in the community, d) Then the last is the public interest. In this case it is contained in the purpose of matchmaking where according to Abah Rikul the matchmaking must be able to have a positive effect on the benefit of as many people as possible.

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