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Hamdan Arief Hanif
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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 44 Documents
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The Role of Islamic Family in Preventing Married By Accident Due to Promiscuity Al Hakim, Muhamad Arief; Juniza, Lepia
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.v3i1.32034

Abstract

The phenomenon of MBA arises due to pregnancy outside of marriage, which is often caused by free association. So that it causes couples who marry for this reason to be emotionally and financially unprepared. With the increase in free association, it is important for families to apply Islamic values as a preventive measure. Families play an important role in shaping children's character and preventing MBA. This study aims to analyze Islamic law in the application of Islamic values to children by families in order to avoid MBA due to free association. This study uses a descriptive qualitative method with a phenomenological approach, data was collected through observation in Apur Village, interviews with ideal families, MBA families, and the head of Apur Village, as well as documentation from several sources. The results of this study indicate that Married By Accident due to free association can be prevented by applying Islamic family values such as joining the Islamic youth community of the mosque, creating a harmonious atmosphere with children, and parental supervision of children, especially in the use of social media and sending children to Islamic boarding schools. So that with these values, families can avoid children from MBA.
The Shift in the Role of Fathers in Childcare in Simpang Tiga, Pidie Hanapi, Agustin; Husna, Nurul
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.v3i1.28764

Abstract

The prevailing paradigm in society still positions child-rearing and education as primarily the mother's responsibility, while fathers are more often associated with the role of breadwinner. However, Islamic educational principles emphasize that both father and mother share equal responsibility in building a harmonious family and educating children. This study aims to analyze fathers' understanding of their roles in Islam, their involvement in early childhood care, and the development of children who receive paternal caregiving. The research employed a qualitative case study method, with data collection techniques including observation, interviews, field notes, and documentation. Data analysis was conducted through pattern matching, explanation building, and chronological analysis. The study involved three families with varying employment conditions of fathers and mothers. The findings reveal that optimal paternal involvement positively impacts child development, whereas in other families, fathers' participation in caregiving remains limited in both quality and quantity, with caregiving roles predominantly assisted by mothers and grandmothers. These findings highlight the importance of enhancing fathers' participation in childcare to foster balanced character development in children in accordance with Islamic educational principles.
Optimising Children's Education to Achieve a Sakinah Family through Family Planning in Hadith Perspective Liddini, Laily
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.v3i1.31590

Abstract

The phenomenon of weak child education in the family and the lack of public understanding of the concept of family planning (KB) in line with Islamic teachings are social problems that have an impact on the quality of Muslim family life. Many parents do not understand that early child education and careful family planning are strategic steps in forming a sakinah family. Departing from this issue, this study aims to examine the hadiths on child education and examine their normative implications for the concept of family planning in the perspective of Islamic law. The method used is qualitative with a literature study approach and descriptive-normative analysis. The hadiths analysed include the responsibility of parents in educating children and protecting offspring spiritually, ethically and socially. The results show that hadith-based child education is not only a moral guideline, but also has normative values that support proportional family planning practices. This is in line with the principle of ḥifẓ al-nasl in maqāṣid al-sharī'ah, namely maintaining the continuity and quality of generations. Family planning in the hadith perspective is seen as a shar'i strategy to build family resilience. The novelty of this research lies in the integration of child education and hadith-based family planning policies, which are still rarely discussed in Islamic family law studies. Theoretically, this research expands the normative understanding of hadith towards socio-religious policies, and practically provides a basis for the development of Islamic family planning programmes that support the formation of sakinah families in Indonesia.
Back Matter Vol. 3 No. 1 Mei 2025 matter, back
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.v3i1.35219

Abstract

Front Matter Vol. 3 No. 1 Mei 2025 matter, front
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.v3i1.35218

Abstract

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.
The Rights and Duties of Spouses: A Study Based on the Qur’an and Indonesian Marriage Law Delvi Slaras Hati; Elen Desta Sari
Qanun: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 November 2025
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v3i2.33120

Abstract

This study discusses the rights and obligations of husband and wife from the perspective of the Qur'an and Indonesia’s Marriage Law. The background lies in the gap between understanding and practice of marital roles, especially when religious values interact with state law. The purpose is to analyze the compatibility and divergence between Qur'anic norms and the provisions of Law No. 1 of 1974 on Marriage. This research employs a qualitative normative-comparative method, analyzing relevant Qur'anic verses and comparing them with legal statutes. The findings show a general harmony between the Qur'an and the Marriage Law in regulating balanced roles, such as financial responsibility, mutual respect, and cooperation in family life. However, interpretive and practical differences remain, posing challenges for family law implementation in Indonesia. This research contributes to Islamic legal literature and provides insights for policymakers to align national law with religious values.

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