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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 35 Documents
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Early Marriage in the Light of Al-Qur'an and Hadith: Exploring its Impacts Liddini, Laily
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i1.24816

Abstract

Early marriage in Banyumas is high, factors causing the high rate of underage marriage in Banyumas include economic factors to shift the burden, education factors, social media social media factors, and religious understanding factors. The purpose of this paper is to find out the causes and effects of early marriage and see from the perspective of the Qur'an and Hadith. The method used in this study is library research with a descriptive approach to analysis. The results of this study, the impact of early marriage include First: it tends to give birth to poor families and a weak generation due to lack of education. Second: dropping out of school has a bad future. Third: not having the ability to take care of the family because the mind is immature, and Fourth: impaired reproductive health. In Surah An-Nisa verse 9, there is a prohibition to leave behind a generation that is weak both logically and financially. As for the hadith, there is also a suggestion to create a financially strong generation. As for the hadith, there are several narrations that show the age of maturity of Sayidah 'Aisha in starting a household with the Messenger of Allah. Among them, first Sayidah Aisyah remembers the time her parents converted to Islam, this shows that she was born in the early days of prophethood, not after prophethood. Secondly, Sayidah 'Aisha along with um Sulaim helped in the battle of Uhud and the Battle of Badr, the Prophet forbade not allowing children who were not yet 15 years old, this shows that his age at the time of joining the war was 15 years. Third, Sayidah 'Aisyah and her sister are 10 years apart. When Asma' was between 27 and 28 years old in 1 AH, then Sayidah 'Aisha was between 17 and 18 years old in 1 AH. This counters the narration that shows Sayidah 'Aisyah married at the age of 6 years.
Men Challenge: Syibhul ‘Iddah Policy for Men in Feminist Legal Theory Falah, Nabilah
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i2.26507

Abstract

Feminist legal theory is the view of feminists in criticizing regulations relating to women. There is a 'iddah period policy for husbands issued by the Ministry of Religion through the Director General of Islamic Community Guidance regarding the prohibition of marriage during the wife's 'iddah period, known as syibhul 'iddah which is interesting to research, so the aim of this research is to explain the syibhul 'iddah policy for men through the lens of feminist legal theory. This research is normative research with a statutory and regulatory approach to analyze deductively through feminist legal theory. Based on the research results, it shows that the rules for the 'iddah period for husbands are a form of legal equality which has an impact on men and women who are divorced, so that the 'iddah period becomes a waiting period which also applies to men so that they are careful in terminating the marriage and remarry. The syibhul iddah rules bring updates to the waiting period policy that is gender equitable so that this research contributes to disseminating the iddah policy which also applies to men.
The Urgency of Qawaid Fiqhiyyah and Its Implementation in the Actualization of Islamic Inheritance Law Mahendra, Bayu Arif; Abdillah, Masykuri; Ramadhan, Taufiq; Hanif, Hamdan Arief
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i2.26085

Abstract

The human life journey is divided into three important stages: birth, marriage, and death. Each individual leaves assets and responsibilities that must be managed after their death, which are then regulated by inheritance law. Along with rapid social change, there is a mismatch between static Islamic inheritance law and the needs of modern society. Therefore, there is a need to update Islamic inheritance law so that it remains relevant. This update process requires a clear method for discovering and implementing new rules. The principles of fiqh in Islamic inheritance offer a practical approach to finding the necessary legal solutions. With these principles, it is hoped that it can solve contemporary problems and support the reform of Islamic inheritance law. The aim of this research is to examine and evaluate the application of fiqhiyyah rules in Islamic inheritance law. The research method used is qualitative with a content analysis approach. The theory used is the theory of fiqh rules which examines general (kulli) and specific (far'i) rules, especially in the implementation of Islamic inheritance law. The results of this research show that the principles of jurisprudence function as a tool in formulating legal decisions and facilitating the resolution of inheritance cases. These rules of Mawarist fiqhiyyah have an important role in the application of Islamic inheritance law and assist in the maximum actualization of Islamic law through the process of absolute mujtahid ijtihad.
Redefining Tradition: The Impact of Modernization on Polygamous Practices Among Muslims Sumaelan, Tedi
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i2.25957

Abstract

This study analyses the impact of modernisation on the practice of polygamy in contemporary Muslim societies. The aim of this study is to examine how modern values and social changes affect the interpretation and implementation of polygamy. Through a literature review, this research evaluates the theological and social arguments in favour of or against polygamy, as well as its impact on family structure and gender dynamics. Developments in education, legal awareness and women's empowerment have challenged the traditional practice of polygamy. The research shows a shift from traditional views towards a more critical perspective, emphasising gender equality and justice. By comparing various Muslim communities, this research highlights the influence of modernisation on polygamy legally and socially. The research method used is qualitative with a normative approach. The results of this study show that modernisation has had a significant impact on the practice of polygamy, namely a decrease in the prevalence of polygamy, changes in motivation and perceptions of polygamy, and increased awareness of women's rights. Factors such as urbanisation, education, and media have influenced people's views on polygamy, which is supported by references from Al-Shafi'i and other studies on modernisation and gender.
The Prophetic Sunnah as a Legitimization of Polygamy: A Critical Review of Pengadilan Agama Decisions within the Framework of Islamic Law and Family Law Pa'qih, Ibnu
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i2.27177

Abstract

This research examines decision number 4022/Pdt.G/2019/PAJT, in which the Panel of Judges granted a polygamy application on the grounds of carrying out the sunnah of the Prophet Muhammad, even though it did not fulfil the requirements set by the Marriage Law. The purpose of this study is to analyse the legal reasoning used by the Panel of Judges in granting the polygamy application and evaluate the decision from the perspective of Islamic law, family law in Indonesia, and legal philosophy. The method used in this research is a normative juridical approach with a qualitative nature, using a case approach and a statutory approach. The results showed that the decision did not fulfil the alternative and cumulative requirements stipulated by the Marriage Law, which should have resulted in the rejection of the application. In addition, the Panel of Judges in this decision failed to understand the conception of sunnah in Islamic law and tended to use a particularized interpretation of Surah al-Nisa verse 3. This research concludes that a more comprehensive and gender-equitable understanding of the sources of Islamic law is needed as well as consistency in the enforcement of existing rules in the Marriage Law related to polygamy. The impact of a gender-biased understanding and the inconsistency of judges in the application of the Marriage Law has the potential to exacerbate gender injustice and put women at risk of becoming victims of unfair and discriminatory practices. Therefore, reforms in the understanding and application of the law are urgently needed to create justice and well-being for all family members.
Front Matter Vol. 2 No. 2 November 2024 matter, front
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i2.29913

Abstract

Gender Justice in Husband and Wife Relations According to Shaykh Nawawi Al-Bantani: A Study of the Kitab Syarah ‘Uqūd al-Lujain Rosyada, Amrina; Mualifah, Lisna; Maliki, Ibnu Akbar
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i2.27087

Abstract

The existence of a patriarchal culture causes women to experience a double burden in the division of roles in the household. Ironically, this culture is often perpetuated through gender-biased religious interpretations. Kitab Syarah ‘Uqūd al-Lujain by Syaikh Nawawi al-Bantani is one of the classic books that responds to the injustice of women in the household. This article aims to examine the concept of gender justice according to Syaikh Nawawi al-Bantani taken from Kitab Syarah ‘Uqūd al-Lujain. The gender approach is used to analyse the division of rights and obligations of husband and wife in the book. This research uses the library research method, with the main data in the form of Kitab Syarah ‘Uqūd al-Lujain fi Bayān Huqūq al-Zaujain, as well as secondary data which includes books, journal articles, theses, and theses relevant to the research theme. The results show that according to Syaikh Nawawi al-Bantani, the rights and obligations of husband and wife are balanced, although not functionally equal because each has its own portion. The rights of wives include: being treated well and not being hurt, providing for daily needs (physically and mentally), gentle and patient treatment, and obtaining education about religious knowledge. Meanwhile, the husband's rights that must be fulfilled by his wife include being respected as the leader of the family, obtaining obedience from his wife, getting his wife's permission when leaving the house and using property, and receiving proper treatment. However, some perspectives in ‘Uqūd al-Lujain still place the wife under the husband, with the husband as the leader of the household. This is inseparable from the influence of the dynamics of the times when this book was written.
Back Matter Vol. 2 No. 2 November 2024 matter, back
Qanun: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v2i2.29914

Abstract

Community Perceptions of Early Marriage: An Analysis of the Consequences and Impacts of Early Marriage in Pekalongan City Hayati, Nur
Qanun: Jurnal Hukum Keluarga Islam Vol. 3 No. 1 May 2025 "Strengthening Family Resilience in Contemporary Times"
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v3i1.30806

Abstract

Marriage is a form of worship in Islamic teachings that is carried out through the process of a marriage contract between a man and a woman. However, in recent years, the phenomenon of early marriage has again stolen the public's attention due to the increasing number of requests for marriage dispensation for minors. One of the reasons for getting married young is to avoid promiscuity and protect the honor of the family. This study aims to examine the determination and consequences of early marriage in Pesindon Village, West Pekalongan. The research method used is a qualitative research method, with data collection through observation, interviews, and documentation. The results of the study indicate that early marriage is considered normal by the local community, with the note that the readiness of the couple must be considered. In fact, the consequences of getting married at a young age are very high, such as financial, mental, and biological risks. However, this can be overcome through the support of family and society which play an important role in creating harmonious early marriages and preventing divorce. This study concludes that understanding the local context and social support is very important in understanding the dynamics of early marriage.
The Implication of SEMA No 2/2023 on the Protection of Administrative Rights in Interfaith Marriage Thesalonika, Anggun Azzahra; Hasanudin, Fuat
Qanun: Jurnal Hukum Keluarga Islam Vol. 3 No. 1 May 2025 "Strengthening Family Resilience in Contemporary Times"
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v3i1.31754

Abstract

Interfaith marriage is an inevitable phenomenon in pluralistic societies like Indonesia. Although the Marriage Law does not explicitly prohibit it, the Law on Population Administration provides legal space for interfaith couples to register their marriage through a court ruling. In response to this, the Supreme Court issued SEMA No 2/2023 as a guideline for judges in adjudicating cases related to the registration of marriages between individuals of different religions and beliefs. This study aims to understand the background and objectives of the issuance of this Circular Letter, as well as its implementation regarding the protection of the administrative rights of interfaith couples at the Surakarta District Court. The research employs a field research method with an empirical juridical approach, with data obtained through interviews with three judges. The findings reveal that SEMA No 2/2023  is used as a legal basis by judges in deciding cases related to the registration of interfaith marriages, in order to ensure consistency and legal certainty. The views of the judges at the Surakarta District Court indicate that SEMA No 2/2023 is positioned as a legal guide in assessing applications for the registration of interfaith marriages. Despite receiving criticism, the Circular has been met with a positive response from the judges. In conclusion, SEMA No 2/2023 affirms that the validity of a marriage is recognized solely based on religious law and highlights the importance of adhering to legal provisions to safeguard the administrative rights of interfaith couples.

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All Issue Vol. 3 No. 1 May 2025 "Strengthening Family Resilience in Contemporary Times" Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact Vol. 1 No. 2 November 2023 "Gender Relations in Marriage: The Role of the Wife in Financial Support" Vol. 1 No. 1 Mei 2023 Exploring Marital Law: Isbath, Role Distribution Between Spouses, Divorce, Idd