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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 62 Documents
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Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation Rajeev Kumar Singh; Jivesh Jha
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.198

Abstract

Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.
The Causes and Consequences of Child Marriage Among Muslim Community: With Special Reference to the Cases Identified in the Eastern Province of Sri Lanka Saujan, Iqbal; Seeni Mohamed Mohamed Nafees; Yusuf Sani Abubakar
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.214

Abstract

The age of marriage for women is influenced by various socio-economic and cultural factors and remains a controversial topic in Sri Lanka. Child marriages are highly destructive, violating the fundamental rights of children protected by multiple global and national laws. The Eastern Province of Sri Lanka is particularly affected by this issue, resulting in children abandoning education and facing sexual, physical, and emotional violence, as well as premature motherhood. This study aims to identify the socio-economic and cultural factors driving child marriage in this region and to assess its impacts on the lives of those affected. Utilising a mixed-method approach, data were collected through questionnaire surveys and semi-structured interviews with young women who experienced early marriage, their parents, community leaders, and other informed individuals. The literature review included research articles, reports, and web publications to construct the theoretical framework. Findings indicate that factors such as parental marriage at a young age, parental death, dowry, poverty, large family sizes, and lack of interest in education significantly contribute to early marriages. Physical and psychological effects were found to be more prevalent than other social and economic impacts. These findings provide a foundation for future research and policy interventions aimed at mitigating child marriage.
Analysis of Positive Law on the Origin of Children from Fasid Marriage: Case Study of Stipulation No. 040/Pdt.P/2017/Pa.Sal in Salatiga Religious Court Tegus Basuki
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.224

Abstract

Every child has the right to know his or her parents, to be raised, and to be cared for by his or her own parents. The provision regarding the child's right to know who his or her parents are, in the sense of origin (including the mother of the milk), is intended to avoid the disconnection of genealogy and blood relations between the child and his or her biological parents, while the right to be raised and cared for by his or her parents is intended so that the child can obey and respect his or her parents. This statement is in accordance with Article 7 Paragraph 1 of Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection. This research focuses on the position of children born from a fasid marriage, do they still have the right to know their parents and are considered legitimate children? This research is the result of Library Research and Field Research which is Comparative Descriptive. The approach that researchers use is the Normative Juridical approach. This study aims to answer the problem of whether children born from a broken marriage or called fasid can be considered a legitimate child, or only considered to be a biological child and how the consideration of the panel of judges examining case Number: 040/Pdt.P/2017/PA.Sal in deciding the case. The result of this study is that the author sees that the consideration of the judges in deciding refers to the decision of the Constitutional Court Number 46/PUU-VIII/2010 dated 27 February 2010, Article 43 Paragraph 1 of Law Number 1 of 1974 which states, "Children born outside marriage only have a civil relationship with their mother and their mother's family", does not have binding legal force as long as it is interpreted to eliminate civil relationships with men who can be proven based on science and technology and / or other evidence according to the law turns out to have a blood relationship as the father.
Itsbat Marriage of Sirri Polygamy in Progressive Law Perspective, Case Study of Decision Number 5065/Pdt.G/2019/PA.Clp Ummu Salamah Nur Rohmawati
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.233

Abstract

A case concerning an application for itsbat marriage at the Cilacap Religious Court filed by a husband and his second wife. Their marriage was conducted siri without the knowledge of the first wife. This application was filed to obtain legalisation of their siri marriage so that it could be officially recorded, which has implications for the legality of children born from the marriage and other civil rights. The purpose of this research is to find out the considerations and factors behind a Judge granting a marriage isbat application. then the second objective is to analyse the results of Decision Number 5065/Pdt.G/2019/PA.Clp in terms of progressive law. This type of research is library research using a normative juridical approach using progressive legal theory. The conclusion in Itsbat Marriage Case in Decision Number 5065/Pdt.G/2019/PA.Clp is that the judge considers aspects of humanity, social justice, and benefits for all parties involved. From the aspect of substantive justice, the decision reflects an approach that takes into account the best interests of the child, harmony in the family, and the protection of women's rights. In the context of the judge's background, the granting of this decision may have been influenced by a deep understanding of the social and cultural values of the local community, as well as a broad understanding of religious norms relating to marriage. The judge may also have considered the urgency of protecting children's rights and the need to resolve family conflicts fairly and peacefully. As such, the granting of this decision demonstrates the judge's commitment to achieving substantive justice in accordance with the social, cultural and religious values of the community, while ensuring the protection of the rights of the individuals involved in the case.
Settlement of Grant Disputes in the Perspective of Islamic Law (Analysis of Decision Number: 48/Pdt.Sus/2011 About Cancellation of Grant) Suaidi
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.235

Abstract

In recent decades, grant disputes have attracted considerable attention because the decisions often present debates and the decisions concluded need to reach decisions that are just and in accordance with applicable legal principles. This article will analyse Decision Number: 48/Pdt.Sus/2011 on grant cancellation. The method used in this research uses a normative juridical approach method by examining the results of the decision. This research aims to understand how Islamic law is applied in grant dispute cases, particularly in the context of grant cancellation between parents and their children. Through this case study, the legal bases used by the court were analysed, including the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES). This study found that the court's decision refers to Article 212 of the KHI and Article 712 of the KHES which stipulates that the grantor can withdraw the grant after the handover has been carried out on the condition that the recipient agrees to it, this provision does not apply to grants from parents to their children. Grants from parents to their children can be withdrawn as long as the child is still alive, according to article 714 paragraph (2) KHI.
The Role of Judges in Addressing the Failure of Divorce Mediation: Analysis Based on PERMA No. 1 of 2016 at the Ambarawa Religious Court Rudi Nuradi
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.359

Abstract

Divorce in Islamic law is, in principle, permissible yet strongly discouraged, and is regarded as a last resort when marital life can no longer be sustained. Islam emphasizes that, prior to divorce, both spouses should strive to maintain harmony and peaceful cohabitation, since marriage constitutes one of the most sacred and enduring bonds. The dissolution of marriage may occur either through ṭalāq or through a divorce lawsuit. In Indonesia, divorce may only be finalized before the Religious Court, after the court has attempted reconciliation but failed. This study aims to analyze (1) the factors contributing to the failure of mediation in divorce cases at the Ambarawa Religious Court, and (2) the strategies employed by judges to address and mitigate mediation breakdowns in such cases. This research is a field-based study using an empirical juridical approach, examining how legal norms are applied in practice to individuals, groups, and legal institutions. Primary data were obtained from judges of the Ambarawa Religious Court, while secondary data consisted of interviews with two judges and relevant documentary sources, including Supreme Court Regulation No. 1 of 2016. Data were collected through interviews and document analysis. The findings indicate that mediation failures in divorce cases at the Ambarawa Religious Court are primarily driven by the parties’ attitudes and strategic behavior such as unwillingness to communicate openly, a firm decision to divorce, and participation in mediation merely as a procedural formality to “win” the case often reinforced by third-party intervention, especially from parents. Judicial efforts to facilitate settlement are further constrained by heavy caseloads and the parties’ strong determination to proceed with divorce. The article recommends enhancing mediation quality at the Ambarawa Religious Court through more intensive training for judges/mediators, early screening of internal and external conflict drivers, and expanded pre- and post-mediation counseling services to increase the prospects of reconciliation and reduce divorce rates.
Wives As Breadwinners In The Family from An Islamic Legal Perspective (Case Study in Lambheu Village, Darul Imarah District) Rabzani Zammima Asri Purba; Fakhrurrazi M. Yunus; Gamal Achyar
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.490

Abstract

In Islam and Indonesian marriage law, the husband is positioned as the primary provider (nafkah), while the wife manages household affairs. However, socio-economic changes and certain circumstances such as the husband’s illness, disability, or insufficient income have led some wives in Lambheu Village, Darul Imarah District, to assume the role of the main breadwinner. This shift generates new dynamics, including emotional and social challenges, as well as questions about its compatibility with Islamic legal norms. This study aims to analyze the phenomenon of wives as primary breadwinners in Lambheu Village and to assess its implications for spousal rights and obligations and for the concept of nafkah from the perspective of Islamic law. The research employs a descriptive qualitative design based on fieldwork, combining document analysis, observation, and in-depth interviews. Primary data were obtained from wives who serve as the economic backbone of their families (case-based informants), while secondary data were drawn from fiqh literature, normative sources, and related studies. Data were analyzed through data reduction, data display, and conclusion drawing. The findings show that, from an Islamic legal perspective, the husband remains the principal party responsible for providing financial support, while the wife may work or contribute to family maintenance as long as she continues to observe household responsibilities and does so on the basis of mutual agreement. The Lambheu case indicates that wives typically work due to emergency conditions such as the husband’s illness or financial hardship, highlighting the need for a fair interpretation of role distribution within the family. When carried out wisely and in accordance with Sharia, a wife’s employment is not a violation but rather an effort to strengthen family resilience and harmony. The article recommends strengthening household agreements through deliberation (musyawarah) on role-sharing, enhancing religious guidance and family counseling, and expanding community/state support (access to healthcare, economic empowerment, and social protection) so that wives’ economic contributions do not negate the husband’s nafkah obligation and the family’s overall welfare (maslahah) is maintained.
Career Women in Realizing Family Resilience: A Phenomenological and Maqasid Sharia Perspective Nurul Hasanah; Nastangin
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.492

Abstract

Career women are individuals who have dual roles that working outside the home and managing household responsibilities. The demands of career women in external world often lead to conflicts in household, which if not resolved promptly, can persist and even result in divorce. This practice of career women is common among the people of Cukilan Village, Suruh District, Semarang Regency. Based on the above background, the researcher focuses on investigating the reasons behind becoming a career woman and how career women achieve family resilience from a phenomenological and Maqasid Sharia perspective.This research is field research using a phenomenological approach and Maqasid Sharia. The research data sources are primary and secondary data. The data collection technique is through interviews. The results of this study show that the background of career women practices influenced by several motives, namely economic motives, social motives, educational motives, self-actualization motives, and cultural motives. From the motives underlying the practices of career women, when viewed from the perspective of Alfred Schutz's phenomenological theory are practices that are in accordance with his stated. Meanwhile, according to Jasser Auda's maqasid sharia perspective, hifz ad-din is realized by maintaining boundaries in accordance with religious rules. Hifz al-maal is realized by providing for needs of the family and children. Hifdzunnafs occurs through the realization of the functions of socialization, protection, emotional support, recreation, and love in family. Hifz al-aql is realized the function of education and providing a good religious foundation for children. Hifz an-nasl is realized by making time to gather with the family. Hifz al-'ird is realized by appearing appropriately, not excessively and not violating religious teachings. This study recommends strengthening maqāṣid-based family resilience literacy through a more equitable division of roles between husband and wife, structured communication and conflict management, and community support as well as family-friendly workplace policies.
Balancing Faith and Rights: Addressing Abuse of Sharia-Based Inheritance Law In Non-Islamic Legal Systems Ahmed, Masood
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.495

Abstract

In India, Muslim Personal Law (Sharia-based) inheritance rules are frequently applied in social contexts that lack the ethical and institutional supports presumed in an ideal Islamic society. This gap facilitates the misuse of inheritance norms to the detriment of legally entitled yet socially vulnerable heirs—particularly women, elderly widows, and orphans—through the denial of shares, coercion, administrative obstruction, and the exploitation of guardianship arrangements and intra-family power asymmetries. The aim of this article is to examine the structure of Islamic inheritance in the Qur’an and Hadith, its implementation and disputes in Indian courts, and the legal, socio-economic impacts of its application in a non-Islamic system, including state interventions and community strategies to circumvent inheritance distributions. Employing a qualitative, descriptive design grounded in documentary and doctrinal analysis, the study synthesizes Qur’anic and Hadith provisions, selected contemporary references (including Saudi Arabia’s 2022 Family Law as a comparative articulation of farā’iḍ rules), and selected Indian judicial decisions and scholarly works to identify recurrent patterns of dispute, exploitation, and institutional response. The findings indicate that Islamic inheritance is often perceived as impractical under prevailing conditions because certain allocations may grant substantial shares to the deceased’s parents, while the widow and children who shoulder continuing livelihood needs may receive comparatively less. These parental shares may subsequently devolve to their heirs (including the deceased’s siblings), effectively shifting estate benefits to parties who may not assume responsibility for the surviving dependents. Indian courts therefore confront a dual mandate: applying Muslim personal law while delivering social justice amid heavy caseloads and persistent misuse of inheritance rules. This article recommends promoting reforms at both the community and state levels, with a focus on strengthening rights awareness, enforcing heirs’ obligations, protecting widows and orphans, improving administrative oversight, and developing Sharia-compliant mechanisms such as transparent hibah (inter vivos gifts), so that state intervention becomes a last resort.
An Analysis of the Effectiveness of the Islamic Legal Framework of Matrimonial Incorporeal Darar (Mid) and the Practical Challenges in Obtaining Judicial Remedies in Kano State Umar Shu'aibu Gokaru; Aisha Ali Tijjani
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.563

Abstract

Matrimonial incorporeal injury (MID) refers to non-physical harms or wrongs committed by a husband against his wife, such as verbal abuse, cruelty, lack of maintenance, sexual deprivation, abandonment, and controlling behavior. It encompasses all forms of damage, harm, or loss suffered by the wife and inflicted by the husband. In other words, MID includes all factors that negatively affect the rights of the wife and hinder her enjoyment of the marriage contract in any way. The major problem addressed in this study is the inability of litigants to provide sufficient evidence to prove this type of injury, as it usually occurs in private. Consequently, judges often overlook the injury and issue inappropriate judicial remedies, particularly to women, which in turn causes further harm. The main aim of the paper is to highlight the judicial shortcomings of Shari’a court judges when handling such cases and to explore ways of enhancing the effectiveness of the Islamic legal framework on MID. It also seeks to address the practical challenges in obtaining judicial remedies by using qualitative measures to collect data, given that an empirical approach was predominantly adopted. A doctrinal method was also partially used to analyze tertiary sources in order to demonstrate the occurrence of the phenomenon globally. One of the findings of the study is that this type of injury is frequently ignored by the courts, and compensation is rarely awarded. Major challenges include the difficulty of evidential procedures, the lack of awareness of women’s rights among both genders, and judges’ inadequate appreciation of the concept of MID. This situation enables parties to continue committing such wrongs without consequences. The study therefore recommends, among other measures, that religious leaders and preachers intensify public awareness on women’s matrimonial rights, and that judges develop improved procedures to help litigants sustain their claims by thoroughly exploring principles of Islamic law and exercising proper judicial activism to extract evidence.

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