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Mukhammad Nur Hadi
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al_hukama@uinsa.ac.id
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INDONESIA
Al-Hukama: The Indonesian Journal of Islamic Family Law
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20897480     EISSN : 25488147     DOI : 10.15642/alhukama
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Hukama serves academic discussions of any Indonesian Islamic family law issues from various perspectives, such as gender, history, sociology, anthropology, ethnography, psychology, philosophy, human rights, disability and minorities, digital discourse, and others. It intends to contribute to the debate in classical studies and the ongoing development debate in Islamic family law studies in Indonesia, both theoretical and empirical discussion. Al-Hukama always places the study of Islamic family law in the Indonesian context as the focus of academic inquiry.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 15 No. 2 (2025): December" : 5 Documents clear
Regulating Arbitrary Divorce in Islamic Family Law: A Maqāṣid al-Sharīʿah–Based Comparative Analysis of Muslim-Majority Legal Systems Fadhilah, Nur; Musonnif, Ahmad; Hadisiswati, Indri
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.2.149-175

Abstract

This article examines how contemporary Islamic family law regulates arbitrary divorce and evaluates the extent to which such regulation operationalizes maqāṣid al-sharīʿah, particularly as conceptualized by Jamāl al-Dīn ʿAṭiyyah. Arbitrary divorce is understood as unilateral marital dissolution that occurs without adequate judicial oversight, substantive justification, or fair compensation, resulting in harm to women and children. The study asks how different legal systems constrain or reproduce arbitrary divorce and which regulatory model most effectively realizes substantive justice. Employing a qualitative and comparative method, the research analyzes statutory regulations, judicial structures, and doctrinal frameworks governing divorce in Indonesia, Iran, and Algeria as material objects of study. The findings demonstrate three distinct regulatory patterns. Indonesia adopts a procedural model that formally judicializes divorce but fails to prevent substantive injustice due to weak enforcement and partial protection of women’s financial and custodial rights. Iran reflects an administrative–doctrinal model that retains significant male prerogatives while introducing limited compensatory mechanisms. In contrast, Algeria represents a substantive maqāṣid-oriented model in which expanded judicial authority, mandatory reconciliation, and compensation for harm effectively constrain unilateral divorce and promote financial justice and child welfare. The study concludes that effective regulation of arbitrary divorce depends not on procedural formality alone but on the institutional capacity to translate ethical objectives into enforceable outcomes. This maqāṣid-based typology contributes to Islamic family law scholarship by offering a comparative framework for evaluating justice-oriented legal reform.
Unregistered Marriage among University Students: Family Influence, Religious Legitimacy, and the Negotiation of Marriage Law Muis, Moch. Zulkarnain; Hidayati, Nunuk; Kusumo, Muhammad Trenggono
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.2.176-203

Abstract

Unregistered marriages (nikah siri) are often placed within a rigid dichotomy between religious legitimacy and state legality. However, the lived experiences and legal awareness of those involved are frequently overlooked. This article examines the motives, meanings, and lived experiences of unregistered marriage practices among undergraduate students at Sunan Ampel State Islamic University Surabaya, Indonesia. This article is an empirical legal study that employs a socio-legal approach grounded in phenomenological theory. By engaging three married students, selected through purposive sampling, data were collected via in-depth interviews and analyzed using phenomenological reduction—including bracketing and eidetic reduction—to uncover the essential structure of the participants’ consciousness. This article demonstrates that unregistered marriage is not perceived as a legal violation but rather as a contextual response to the religious, social, and economic conditions faced. The primary motives identified include avoiding adultery, preserving family honor, and achieving economic efficiency. Participants interpret an unregistered marriage as valid under religious law, even though it is not recognized by the state, reflecting a dualism between religious legitimacy and legal validity. In practice, the fulfillment of the rights and obligations of husband and wife is negotiated contextually based on agreement, responsibility, and spiritual commitment, including in decisions to postpone living together and pregnancy. This article argues that unregistered marriages among students are not entirely based on defiance of state law but rather a solution to social conflicts within families
Judicial Attitudes and Interpretations toward Interfaith Marriage and Apostasy-Based Divorce: A Study of the Religious and District Courts of Salatiga Mustofa, Kholifatun Nur
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.2.204-228

Abstract

Religious difference remains one of the most sensitive and enduring debates in matters of marriage and divorce, often placing judges in complex interpretive positions. This study examines judicial attitudes toward interfaith marriage and divorce on the grounds of apostasy (riddah) in Salatiga, Indonesia. Using a socio-legal approach, this research draws on in-depth interviews with three judges and an analysis of ten judicial decisions issued by the Salatiga Religious Court and District Court. The findings indicate clear divergences in judicial attitudes, largely shaped by differences in educational background, legal reasoning, and normative orientation. Two judges firmly rejected interfaith marriage based on Islamic legal doctrine and concerns regarding family harmony, while another adopted a human rights perspective and did not regard interfaith marriage as inherently problematic. Notably, neither court recorded formal applications for interfaith marriage, as couples often bypassed judicial authorization. In contrast, divorce cases involving apostasy revealed a more flexible judicial stance. Judges implicitly recognized the validity of interfaith marriages conducted in churches, despite the absence of prior approval. For the sake of legal certainty, they reframed religious conversion as continuous marital disputes. This practice reflects judicial efforts to balance textual norms with social realities in pursuit of substantive justice.
Between Normative Guarantees and Empirical Realities: Disability Access to Marriage Services at Religious Affairs Offices in Surabaya Shodiqin, Mohammad; Ghufron, Muhammad; Bilhaq, Ahmad Razan
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.2.229-257

Abstract

The state bears a constitutional obligation to ensure equal access to public services, including marriage registration, for all citizens, including people with disabilities. However, in practice, the accessibility of marriage services at the Office of Religious Affairs (KUA) remains limited. This study aims to examine the inclusivity of marriage services for people with disabilities at four KUAs in Surabaya: Tambaksari, Sawahan, Semampir, and Wonokromo. Using a sociological jurisprudence design, this empirical study collected data through observation and in-depth interviews with KUA heads and penghulus (marriage registrars). The findings reveal significant disparities in physical and non-physical accessibility, with only the Sawahan KUA demonstrating minimal infrastructure readiness. Other KUAs still face structural barriers, a lack of assistive facilities, and the absence of sign language interpreters. In response, marriage registrars employ discretionary practices, such as non-verbal consent mechanisms and family-assisted communication, as survival innovations to ensure the validity of marriage procedures. However, these practices remain partial and non-standardized, potentially leading to legal uncertainty and unequal access to services. From a human rights and Islamic law perspective, these limitations reflect a gap between normative guarantees and empirical reality, particularly regarding the fulfillment of the principles of equality and non-discrimination. This study advocates a paradigm shift from a charitable to a rights-based approach, ideally supported by technical regulations, inclusive infrastructure, and institutional capacity-building, to ensure dignified and equal access to marriage services for persons with disabilities.
Beyond Pity: Dialectics of Religious Authority, Social Capital, and Stigma in Intellectual Disability Marriage Sallom, Dea Salma; Hilmy, Masdar; Apipudin , Syamsudin
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.2.258-285

Abstract

Marriage involving persons with intellectual disabilities remains a contested issue within Islamic family law, particularly at the intersection of religious norms, social values, and stigma. While the right to marry is normatively recognized, its practical implementation often reveals tensions between protection, autonomy, and societal expectations. This study aims to examine how the dialectics of religious authority, social capital, and stigma shape the practice of marriage between persons with intellectual disabilities and non-disabled partners in Muslim communities. Employing a socio-legal approach, this research is based on in-depth interviews, participant observation, and documentation conducted in Gresik, Indonesia. The data were analyzed thematically using Pierre Bourdieu’s framework of habitus, capital, and field. The findings reveal three major points. First, religious-cultural habitus constructs marriage as a moral obligation, often driving families to arrange marriages as a form of protection and preservation of social honor. Second, religious and social capital function as key survival strategies, providing both moral legitimacy and practical support for sustaining the household. Third, persistent social stigma operates as symbolic violence that questions the couple’s kafa’ah (marital compatibility) and limits their social inclusion. This study argues that marriage involving persons with intellectual disabilities is not merely an individual decision but a product of complex social negotiations shaped by competing structures of legitimacy and exclusion. Therefore, it highlights the urgency of reinterpreting Islamic family law in a more inclusive manner and strengthening institutional support to ensure the dignity, autonomy, and equal rights of persons with disabilities in marital life.

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