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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 69 Documents
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The The Role of the Quazi Courts in Family Dispute Resolution: Effectiveness and Limitations in the Sri Lankan Context A.L.Nazeer Kany; SMM. Nafees
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.v4i1.568

Abstract

This study examines Sri Lanka’s Quazi court system and how it mediates family disputes. Beginning with an overview of the country’s mixed legal system, it highlights the application of Muslim personal law through specialized Quazi tribunals. The study assesses the strengths and weaknesses of Muslim Quazi courts, particularly within the MMDA framework. Although designed to provide more accessible and affordable family dispute resolution for the Muslim community, in practice the system raises concerns about effectiveness, legal certainty, and justice especially in relation to the protection of women’s rights. The article aims to analyze the role of Quazi Courts in resolving family disputes in Sri Lanka by evaluating their effectiveness, identifying structural and procedural limitations under the MMDA, and mapping their implications for gender equality and access to justice. The research adopts a qualitative socio-legal approach using secondary data through document review and doctrinal analysis. Sources include the MMDA, academic literature, institutional reports, and comparative studies on religion-based family courts within the context of legal pluralism. The data are analyzed through deductive thematic analysis to extract key themes such as operational weaknesses, gender disparities in the MMDA, impacts on women, and reform challenges. The findings indicate that Quazi Courts offer access-related advantages (low cost, opportunities for self-representation, and relatively rapid processing for simple cases), but their effectiveness is constrained by the lack of minimum qualifications and formal training for Quazis, irregular hearing schedules, inadequate infrastructure, weak oversight, and alleged corrupt practices. Normatively, several MMDA provisions are seen to reinforce gender inequality (child marriage, mandatory male guardianship, divorce procedures that disadvantage women, polygamy without strict scrutiny, and the absence of post-divorce property distribution rules), thereby weakening women’s protection and the overall quality of justice. This article recommends comprehensive MMDA reform (setting a minimum marriage age, strengthening women’s agency, ensuring equality in divorce procedures, regulating polygamy with strict safeguards, and establishing property division mechanisms), professionalizing and standardizing Quazi Courts (minimum qualifications, mandatory training, a code of ethics, effective supervision, and adequate court facilities).
Mandatory Bequest (Wasiat Wajibah) in Interfaith Inheritance Cases (A Study of Indonesian Supreme Court Decision No. 16 K/AG/2010 from the Perspective of Maqāṣid al-Sharī‘ah) Muhammad Baihaqi
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.v4i1.576

Abstract

A person’s death often gives rise to inheritance disputes, especially when there is a difference of religion between the deceased (the decedent) and the heirs. In Islamic law, the majority of jurists hold that a difference of religion constitutes an impediment to mutual inheritance. Nevertheless, some scholars propose an alternative solution through the mechanism of wasiat wajibah (mandatory bequest) for parties who are legally barred from inheriting. Building on this reality, this study aims to analyze the legal reasoning in the decisions at the first instance, appellate, and cassation levels by using the perspective of Maqāṣid al-Sharī‘ah, in order to assess the extent to which those decisions reflect principles of justice and public benefit (maṣlaḥah). This research is a library-based study with a descriptive-analytical character. The approaches employed include normative juridical and statutory juridical approaches, while remaining grounded in the overarching objectives of Islamic law (Maqāṣid al-Sharī‘ah). The findings indicate that Indonesian Supreme Court Decision No. 16 K/AG/2010 expands the application of wasiat wajibah which, under the Compilation of Islamic Law (KHI), is originally intended only for adopted children and adoptive parents into a solution for contemporary inheritance problems, including for non-Muslim heirs. Through this decision, the Supreme Court determined that parties who are barred from inheriting due to religious difference may still receive a portion of the estate through a mandatory bequest, based on considerations of justice, humanity, and social welfare. This decision is considered consistent with the objectives of Islamic law, particularly the protection of religion, life, and property, because it preserves the core principles of Islamic inheritance law while also providing protection and welfare for those otherwise excluded. The implementation of wasiat wajibah is relevant to Indonesia’s plural society and reflects the orientation of Islamic law toward the public good (maṣlaḥah) of the community. This article recommends: clarifying the regulation of wasiat wajibah in the Compilation of Islamic Law (KHI) including for heirs of different religions; issuing Supreme Court (MA) technical guidelines to ensure consistent and predictable rulings; and strengthening legal literacy/mediation as well as inheritance planning (wills and hibah) to prevent disputes in line with maqāṣid al-sharī‘ah.
The Dynamics of the Ingkung Suran Tradition in Marriages among Kuwarisan Descendants in Kebumen: An Analysis of Cultural Acculturation and ‘Urf Sabilla Pre Eklamsianingrum
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (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.v4i2.98

Abstract

The Ingkung Suran tradition in Kuwarisan, Kebumen represents a sustained local cultural practice, particularly among individuals who marry into families of Kuwarisan descent. This tradition reflects a complex interplay between Javanese culture, Islamic values, kinship systems, and customary legal practices within a local Muslim society. This study aims to analyze the relationship between cultural acculturation, cultural assimilation, and the concept of ‘urf in Islamic law within the practice of the Ingkung Suran tradition. This research employs a field research design with a descriptive-qualitative approach and a socio-religious perspective. Data were collected through observation, in-depth interviews with community leaders and participants, and documentation, and analyzed using data reduction, data display, and conclusion drawing techniques. The findings reveal that the Ingkung Suran tradition embodies a process of cultural acculturation, where Javanese cultural elements are maintained while being reinterpreted through Islamic meanings, such as the symbolism of submission to God and collective prayer. In the context of marriage, the tradition also reflects cultural assimilation, as non-Kuwarisan spouses integrate into the local kinship and cultural system. From the perspective of ‘urf, this tradition can be categorized as ‘urf ṣaḥīḥ, as it contains socio-religious benefits and does not contradict Islamic principles, provided it is not regarded as a religious obligation. This study contributes to the discourse on Islam Nusantara by demonstrating how local traditions, marriage, and Islamic law dynamically interact within contemporary Muslim communities.
The Relationship between Sunnah and Local Culture: A Socio-Legal Analysis of Walimah Practices in Contemporary Muslim Communities Anwar Habibi Siregar; Febri Amalia
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (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.v4i2.380

Abstract

This study is grounded in the practice of walimah within Muslim societies, which is understood not only as a Prophetic tradition (sunnah) but also as a socio-cultural practice shaped by local customs. Normatively, walimah embodies values of gratitude, publicizing marriage, strengthening social ties, simplicity, and spiritual blessing. However, in practice, walimah has undergone a process of meaning expansion through the incorporation of customary elements, social status symbols, entertainment, and ceremonial elaboration, which may deviate from the Islamic principle of moderation. This study addresses the research questions of how the relationship between sunnah and local traditions is negotiated in the practice of walimah, and to what extent local culture can be accommodated within the framework of Islamic law without undermining its religious substance. This research employs a qualitative-descriptive approach with a socio-legal perspective. Data were collected through a comprehensive literature review of Islamic legal sources, including the Qur’an, Hadith, classical fiqh texts, and scholarly works on local cultural practices related to walimah. The analysis focuses on examining the interplay between normative Islamic legal principles as the ideal framework and lived social practices as empirical realities. The findings reveal that the relationship between sunnah and tradition in walimah is inherently negotiative. Local traditions can enrich the practice of walimah insofar as they do not contradict core Islamic principles such as permissibility (halal), moderation, public welfare (maslahah), and the prohibition of excess (israf). The study concludes that the ideal form of walimah is one that positions sunnah as the foundational value, while local culture serves as a contextual medium of social expression governed by Islamic ethical norms. The academic contribution of this research lies in strengthening socio-legal approaches within Islamic family law studies, particularly in understanding the dynamic interaction between religious norms and cultural practices in contemporary Muslim societies.
Maqasid Al Shari’ah as an Instrument for Tackling Women’s and Families Displacement, Insecurity and Criminal Enticement in the North Eastern Nigeria Saidu Ado; Mohamed A. Salama; Yasser Mohamed Tarshany
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (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.v4i2.579

Abstract

The prolonged humanitarian crisis in North Eastern Nigeria has intensified the displacement of women and families, increased insecurity, and heightened vulnerability to criminal enticement. Existing responses have largely relied on security and public policy approaches, while the Islamic normative framework remains underutilized. This article aims to examine Maqasid al-Shari’ah as a conceptual and practical instrument for addressing these challenges. Using a qualitative library-based method with a descriptive-analytical approach, the study finds that Maqasid al-Shari’ah can be operationalized through the protection of life, lineage, property, intellect, and religion, manifested in security provision, family reunification, economic assistance, education, prevention of exploitation, and the strengthening of moral values and social solidarity. Thus, Maqasid al-Shari’ah is not only normatively relevant but also provides a foundation for community-based social interventions aimed at protecting victims, strengthening families, preventing crime, and restoring the dignity of vulnerable groups. The study contributes by offering an integrative and applicable maqasid-based framework for addressing displacement, insecurity, and criminal enticement in contemporary conflict settings.
Judicial Responses to Matrimonial Incorporeal Injury under Islamic Law: Evaluating Legal Effectiveness and Remedial Challenges in Shariʿa Courts of Kano State, Nigeria, with Comparative Reflections from Malaysia Tijjani, Aisha Ali; Gokaru, Shuaibu Umar
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (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.v4i2.585

Abstract

Matrimonial Incorporeal Injury (MII) refers to non-physical harm experienced within marriage, including verbal abuse, cruelty, neglect of maintenance, sexual deprivation, abandonment, and coercive control, all of which undermine the rights and well-being of spouses under Islamic law. Although these forms of harm are recognized within the Shariʿa legal framework, litigants often face significant evidentiary and procedural barriers in seeking legal remedies, especially in cases occurring within the private domain of marital relationships. This study evaluates judicial responses to MII in the Shariʿa courts of Kano State, Nigeria, and offers comparative reflections drawn from Malaysian practice to assess the effectiveness of the existing legal mechanisms. The study aims to evaluate the response of the Shariʿa courts in Kano State to MII cases, identify challenges in the evidentiary procedures, and compare them with the practices of Shariʿa courts in Malaysia. It also seeks to propose procedural reforms that can enhance the effectiveness of Shariʿa courts in handling MII cases. The research employs a qualitative design with a case study approach. Data is collected through the analysis of 30 cases filed in the Shariʿa Courts, Upper Shariʿa Courts, and Shariʿa Courts of Appeal in Kano from 2011 to the present. Additionally, the study compares the practices of Shariʿa courts in Kano with those in Malaysia, which are more responsive to indirect evidence such as medical and psychological reports. The findings of this study reveal that the Shariʿa courts in Kano face difficulties in handling MII cases due to burdensome evidentiary procedures and a reliance on direct evidence, which often fails to meet the needs of the victims. The comparison with Malaysian Shariʿa courts shows significant differences in responsiveness to indirect evidence, which allows victims to obtain justice more effectively. This study contributes significantly to the development of Islamic family law, particularly in the context of Shariʿa courts in Kano. By identifying the shortcomings in existing judicial procedures, the research proposes solutions to improve access to justice for MII victims, particularly women. Additionally, the comparison with Malaysia provides useful perspectives for procedural reforms that can be applied in Nigeria. These reforms are expected to improve the Shariʿa court system to offer more just and equitable protection for victims of MII.
The Post-Divorce Maintenance (Maa’ta) for Muslim Women: Harmonizing Shariah Principles with Contemporary Legal Practices in Bangladesh and Modern World Syeda Afroza Zerin; Sohag, Asaduszaman; Md. Niamur Raquib
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (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.v4i2.588

Abstract

Post-divorce maintenance (Maa’ta) for women in Islamic law is often a controversial topic, particularly regarding the interpretation and application of laws that vary across different countries. In Bangladesh, despite the Muslim-majority population, the legal framework governing women's post-divorce rights, specifically related to maintenance or maa'ta, remains unclear and has not been formally regulated. This study aims to analyze the application of Islamic law regarding post-divorce maintenance in Bangladesh's religious courts, as well as to explore the challenges faced by women in this context. The methodology used is a qualitative approach with a case study design, where data is collected through semi-structured interviews with judges, lawyers, and Islamic law experts, as well as observations of the judicial process in religious courts. In addition, documentation related to court decisions and legal regulations is also analyzed. The findings indicate that, although Islamic law recognizes women's right to post-divorce maintenance, its implementation in Bangladesh remains limited and uneven, with some cases not receiving any maintenance after the iddah period. This study contributes by identifying legal gaps and highlighting the need for reform to protect women's rights to post-divorce maintenance, while also providing insights for the development of a more responsive Islamic legal policy in Bangladesh to meet evolving social needs.
Feminist Perspectives on the Dominance of Lawsuit Divorce in the Religious Court of Jepara Ngazizah, Inna Fauziatal; Wahyu Kholid Hidayatullah
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (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.v4i2.592

Abstract

Divorce is a growing social phenomenon in Indonesia, particularly within the jurisdiction of Religious Courts. This study examines the dominance of lawsuit divorce (cerai gugat) cases in the Religious Court of Jepara during 2021–2022 from a feminist perspective. Although divorce is legally permissible in Islamic law, it remains socially undesirable due to its implications for family integrity and social stability. This research employs a socio-legal approach, combining normative legal analysis with empirical data derived from interviews, observation, and documentation. The findings indicate that lawsuit divorce significantly outnumbers talaq divorce due to economic hardship, domestic violence, abandonment, and irresponsible spousal behavior. From a feminist standpoint, the increasing number of lawsuit divorce cases reflects both women’s agency in seeking justice and the persistence of structural gender inequality within marriage. This study contributes to the discourse on Islamic family law and gender justice by highlighting the intersection between legal frameworks and women's lived experiences.
Nafāqah as an Islamic Social Security Mechanism: Theoretical and Empirical Gaps in the Eastern Province of Sri Lanka Iqbal, Saujan; MIM. Jazeel; Yusuf Sani Abubakar
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (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.v4i2.593

Abstract

Nafāqah, the husband's obligation to provide maintenance to his wife in Islamic law, is a crucial social security mechanism in Islam's socio-economic system. Despite being regulated in classical texts, its implementation often faces significant gaps, especially in countries with Muslim minority populations. In the Eastern Province of Sri Lanka, nafāqah under the Muslim Marriage and Divorce Act No. 13 of 1951 (MMDA) shows institutional failure, influenced by post-conflict issues, the kudi system, and women’s economic roles. This article identifies gaps in nafāqah implementation in Sri Lanka, focusing on the failures of existing laws and the factors behind them. It proposes a conceptual framework for further research on nafāqah in this context. A systematic review of classical fiqh sources, comparative legal studies, and gray literature from Sri Lankan advocacy organizations reveals five key research gaps: lack of primary data, inadequate theoretical frameworks, unexplained relationships between women's employment and nafāqah, the kudi system’s impact on housing obligations, and the dominance of qualitative methods. The study highlights that institutional failures in implementing nafāqah in Eastern Sri Lanka are underexplored. The lack of primary data and inadequate theoretical frameworks hinder a deeper understanding of nafāqah practices. Further empirical research is essential to strengthen evidence regarding nafāqah’s role in fulfilling the rights of Muslim women. This article contributes by proposing a conceptual framework integrating Islamic fiqh and social science approaches and identifying data gaps that need further investigation. It also offers policy recommendations to support effective reforms of the MMDA to protect Muslim women’s rights in Sri Lanka.

Page 7 of 7 | Total Record : 69

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