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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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Islamic Law and Customary Law Conflict in Elopement: A Sociological Study of the Bugis-Makassar Community Ahmad Allimuddin; Rusdaya Basri; Rezki Amaliah Syafruddin; Naharuddin SR
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.v3i2.35495

Abstract

Despite the existence of Marriage Law No. 1/1974 (amended by Law No. 16/2019) and the Compilation of Islamic Law that clearly regulate valid marriage requirements, the practice of elopement (silariang) in Bugis-Makassar communities remains prevalent, driven by the values of siri’ (honor) and the high burden of uang panai’, creating unresolved normative and material conflicts between Islamic law and customary law. This study aims to analyze these conflicts, their social impacts on family structures and gender inequality, and to propose a contextual legal harmonization model. Employing a qualitative sociological approach, data were collected through in-depth interviews with 15 key informants in Bone Regency and Makassar City, participatory observation, and document analysis, then analyzed using Miles & Huberman’s techniques (data reduction, data display, and conclusion drawing/verification). The most significant and distinctive finding is that silariang is not merely an economic escape but an active strategy to preserve family siri’ at the expense of the wali nikah requirement and children’s legal status. The consequences include fractured kinship ties, reinforced patriarchy, and legal vulnerabilities for children (lineage and inheritance). The study proposes harmonization through pre-marital mediation involving religious and adat leaders, transparent regulation of uang panai’, and integrated itsbat nikah services at KUA offices. This research contributes both theoretically and policy-wise by offering a harmonization model of legal pluralism that integrates maqāṣid al-sharī‘ah and siri’ values, replicable in other strong customary regions in Indonesia.
Reconstructing the Concept of Women's Rights and Duties in Islamic Marriage Law Based on the Principle of Gender Equality Moh. Riziq
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.v3i2.35872

Abstract

The relationship between the rights and duties of husbands and wives in Islamic marriage law has been regulated as the foundation for the formation of a harmonious family. The Marriage Law and the Compilation of Islamic Law (KHI) mention the balance of rights and positions of husbands and wives, but still structurally differentiate the roles of husbands and wives, triggering tension between the principle of equality and patriarchal legal constructs. This article aims to reconstruct the concept of women's rights and duties in Islamic marriage law and examine its compatibility with gender equality. This study uses qualitative research with a descriptive approach through a literature study, analyzed using content analysis based on gender justice theory and maqashid al-shari'ah. This article argues that women's rights and duties are normatively just, but in practice they still reproduce gender-based hierarchical relations. Rigid role divisions have the potential to place women in subordinate positions. A reinterpretation and reconstruction of Islamic marriage law is necessary in order to reflect substantive gender equality and be in line with the objectives of sharia.
Implementation of Zakat Law in Indonesia: Between Religious Obligation and State Regulation Muhammad Halim; Yogi Finanda; Asrizal Asrizal
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.v3i2.35956

Abstract

Zakat is one of the obligatory acts in Islamic teachings that plays a significant role in economic equity and social welfare. In Indonesia, the implementation of zakat law faces challenges in balancing religious obligations and state regulations. Although it is regulated under Law Number 23 of 2011 concerning Zakat Management, its implementation remains suboptimal due to factors such as public awareness, integration with the taxation system, and the effectiveness of zakat management institutions. This study employs a qualitative method with a literature review approach to analyze the implementation of zakat law in Indonesia from the perspective of Islamic law and state regulations. The findings reveal that while zakat has a strong legal basis in Islam, in the national legal system it remains voluntary and has not yet become a legally binding obligation like taxes. The management of zakat by the National Amil Zakat Agency (BAZNAS) and Zakat Management Institutions (LAZ) is not yet fully integrated with the country’s fiscal policies, resulting in the underutilization of zakat as an economic instrument. Furthermore, the lack of transparency and accountability in some zakat institutions reduces public trust in distributing zakat through official channels. This study concludes that stronger policies are needed to optimize the role of zakat, including broader public awareness, integration with tax policies, and improved accountability of zakat institutions.
The Position of Dorce Gamalama Alias Dorce Ashadi's Verbal Will in the Perspective of Islamic Law Fernanda Iqbal Fadhilah; Umar Haris Sanjaya
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.v3i2.35967

Abstract

This research aims to analyze the position of oral testament in the perspective of Islamic law through a case study of Dorce Gamalama who wanted to be treated as a female corpse after death. This request is in the spotlight because it relates to the issue of gender identity and legal treatment of transgender people in the practice of funeral arrangements. This research is important because it concerns individual rights and the provisions of shar'i law that apply in Indonesia. The problem studied in this research is about how the position of Dorce's oral will which wants to be treated as a female corpse and whether transgender corpses are treated according to their initial gender or not in an Islamic perspective. This research uses normative legal research method with legislative approach and case approach. The sources of legal materials consist of primary, secondary, and tertiary legal materials. The data analysis technique is done qualitatively. The results show that formally, Dorce Gamalama's oral will is valid according to the Compilation of Islamic Law because it fulfills the requirements of two witnesses. However, the content of the will that contradicts the shar'i law, namely the request to be treated as a woman, is considered invalid and not required to be implemented. In Islamic law, transgender bodies are still treated according to their original gender. This research is conducted with a wise and educative fiqh approach that is needed in addressing similar issues.

Page 5 of 5 | Total Record : 44

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