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Qanun : Jurnal Hukum Keluarga Islam
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 30312337     EISSN : 30312507     DOI : http://dx.doi.org/10.62870/qanun
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Qanun aims to serve as an academic discussion ground on the development of Islamic Family Law and gender issues. It is intended to contribute to the long-standing (classical) debate and to the ongoing development of Islamic Family Law and gender issues regardless of time, region, and medium in both theoretical or empirical studies. Al-Ahwal always places Islamic Family Law and Gender issues as the focus and scope of academic inquiry.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "vol. 4 no. 1 mei 2026" : 5 Documents clear
The Struggle between Customary Law and Islamic Law in the Distribution of Inheritance of Melayu Communities on the Indonesia-Malaysia Border in Sambas, West Kalimantan Asman Asman
Qanun: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 Mei 2026
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v4i1.39301

Abstract

The revelation of the verses of the Qur'an regarding inheritance affirms that men and women have equal status as heirs, as stipulated in Surah An-Nisa verses 11-12. This provision reflects the principle of justice in Islamic law through the recognition and protection of women's rights. However, in the social practices of the Malay inland community of Sambas, there is still a discrepancy between Islamic legal norms and customary practices. The distribution of inheritance tends to be carried out equally between boys and girls, on the grounds of social justice and equality, without referring to the proportional provisions in sharia. This study is a field study with a phenomenological approach to understand the construction of the meaning of justice in the inheritance practices of Malay border communities. The results show that equal distribution of inheritance is considered fair because it aligns with cultural values, family solidarity, and the collective conscience of the community. This tradition has been deeply rooted and has gained social legitimacy across generations. The research gap in this study lies in the lack of studies that specifically examine the dialectic between Islamic inheritance law and customary practices in Malay border communities, especially from the perspective of subjective experience and the construction of the meaning of local justice. The novelty of this research lies in its interpretive analysis of local culturally based concepts of justice interacting with sharia norms, resulting in a new understanding of how border communities reconstruct inheritance justice amidst the tension between normative texts and social reality.
Family Planning During the Pandemic: An Islamic Law Perspective Tashila Fadillah; Talitha Religi Dwi Yunitara; Mahija Nismara Anindya; Muhammad Arya Nugraha; Chaula Luthfia
Qanun: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 Mei 2026
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v4i1.39642

Abstract

The family planning program established by the Indonesian Family Planning Association (PKBI) since 1957 with its services, namely managing or managing pregnancies, treating infertility, and offering marriage counseling for married couples. In its development in the New Order Era, the family planning program was used as a solution to population problems in Indonesia. This family planning aims to regulate childbirth, regulate distance, the ideal age of childbirth, and regulate pregnancy through programs, protection and assistance in accordance with reproductive rights. Islam does not contain rules about family planning but in Islam it is known to exist azl. Here it is important to see how Islam views family planning law. During the Covid-19 pandemic, the government imposed new habits to prevent the transmission of Covid-19. One of them is the family planning program, where mothers give birth during Covid-19 have a higher risk of contracting it. Pregnant women have weaker immunity than non-pregnant women. Here it is important to see how Islam views family planning law during the Covid-19 pandemic. This research is a library research with a normative approach. With primary sources Presidential Decree Number 32 of 1969 concerning the Implementation of the Family Planning Program. The result of this study is a family planning program that aims to create a peaceful, prosperous family, not contrary to Islamic law. Where to protect the health of mothers and children and raise children who are morally straight, smart, and healthy, family planning programs are a solution. Moreover, the recommendation of the family planning program during the Covid-19 pandemic, where to protect the health of mothers and children, the family planning program is the right solution during the Covid-19 pandemic. But family planning is prohibited from using it if it has a terrible social impact and is done with bad intentions.
An Analysis of Islamic Law on Childfree Decisions in Marriage Saharani Saharani; Said Sarifuddin Abu Baedah; Subedah Subedah; Hasybuddin Hasybuddin
Qanun: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 Mei 2026
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v4i1.39543

Abstract

The decision of married couples to remain childfree has increasingly become a social phenomenon that has sparked considerable public debate. From the perspective of Islamic law, having children is regarded as one of the objectives of marriage, closely related to the preservation of lineage (hifz al-nasl). Consequently, the decision to remain childfree warrants a comprehensive legal analysis. This study aims to identify the factors influencing married couples' decisions to remain childfree and to examine the legal status of such decisions under Islamic law. This research employs a qualitative method using a library research approach. Data were collected from the Qur'an, Hadith, classical Islamic jurisprudential texts, fatwas, books, scholarly journals, and relevant previous studies. The data were analyzed through data reduction, data presentation, and conclusion drawing. The findings reveal that childfree decisions are influenced by personal, psychological and medical, economic, and philosophical factors. From the perspective of Islamic law, having children is regarded as a recommended act (mandub) and an important objective of marriage, but it is not considered a legal obligation. An analysis of the practice of 'azl (coitus interruptus), along with the views of classical and contemporary Muslim scholars, indicates that the decision to remain childfree is generally permissible when it is based on mutual agreement between spouses and supported by legitimate considerations of public benefit (maslahah), although it is viewed as foregoing the virtue of having offspring. Therefore, the legal status of childfree may be classified as mubah (permissible) or makruh (discouraged), depending on the underlying reasons and circumstances..
Nurcholish Madjid’s Perspective on Interfaith Marriage: An Analytical Study Izza Nabila; Yunita Wuladari
Qanun: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 Mei 2026
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v4i1.39753

Abstract

This study explores Nurcholish Madjid’s perspective on interfaith marriage and its implementation in contemporary society. As a moderate Muslim thinker, Nurcholish Madjid emphasizes pluralism, tolerance, and the importance of broader interreligious understanding. The research focuses on two questions: (1) What are Nurcholish Madjid’s views on interfaith marriage? and (2) How is his concept implemented in present-day society? This research uses a qualitative normative juridical method with library research as the primary approach. Primary sources include the Qur’an, Hadith, and Nurcholish Madjid’s works such as Fiqh Lintas Agama and Islam Kerakyatan dan Keindonesiaan. The findings indicate that Madjid views interfaith marriage, particularly between Muslims and People of the Book (Jews and Christians), as permissible if contextualized within modern socio-historical settings. He argues that Qur’anic prohibitions are not absolute but must be understood in light of contemporary pluralism. Madjid further believes that religious diversity can strengthen social harmony through interfaith dialogue and tolerance. However, this view contrasts with Indonesia’s Islamic legal framework (KHI), which strictly prohibits interfaith marriage. The study concludes that Madjid’s thought represents a liberal-progressive approach, offering alternative perspectives on marriage law in Islam, yet remains controversial within the broader Muslim community.
Legal Progressivism in Planting Durian Trees as a Marriage Requirement in Tompo Bulu Dian Purnamasari; Norcayono Norcayono; Ranti Suminar Indah
Qanun: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 Mei 2026
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v4i1.39826

Abstract

This study examines the legal progressivity of the obligation to plant durian trees as a marriage requirement, as regulated by Village Regulations No. 05/2022 and No. 17/2022 in Tompo Bulu Village, South Sulawesi. The regulations impose sanctions on prospective brides and grooms who fail to comply, including the authority of the village imam to refuse to officiate the marriage. This provision raises legal questions regarding its compatibility with the pillars and requirements of a valid marriage under Islamic jurisprudence (fiqh al-munakahat). This study aims to analyze the legitimacy of the Village Regulations from the perspective of Siyasah Syar'iyyah, examine the legal implications of the marriage refusal mechanism, and explore the philosophical values underlying the tradition of planting durian trees. Employing an empirical legal research method with a legal anthropology approach, data were collected through in-depth interviews, field observations, and documentary analysis of the relevant Village Regulations. The findings reveal that no marriage has ever been refused on the basis of non-compliance with the regulation. Approximately 98% of village residents voluntarily fulfill the obligation, while the remaining 2% are residents who marry outside the village's jurisdiction, where the regulations do not apply. These findings indicate that the sanctions primarily function as a deterrent and normative mechanism rather than as an instrument of punishment. The tradition demonstrates how local regulations can accommodate environmental, social, and cultural values while maintaining the validity of marriage under Islamic law.

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