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Muktashim Billah
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jflic@unismuh.ac.id
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Jl. Sultan Alauddin No. 259,Makassar, Sulawesi Selatan
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Journal of Family Law and Islamic Court
Published by Universitas Muhammadiyah Makassar
ISSN : 29625963     EISSN : 29625327     DOI : https://doi.org/10.26618/jflic.v2i1.10480
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Journal of Family Law and Islamic Court (ISSN: 2962-5963 (Print) 2962-5327 (Online)) is an national peer-reviewed open access journal that aims to spread conceptual thinking or ideas, review and the research findings obtained in Family Law and Islamic Courts. Journal of Family Law and Islamic Court promotes scholarly, theoretical, pragmatic, and contemporary research, making a clear conceptual and methodological contribution to existing international literature. Its spesific aim is to enhance the broad scholarly understanding of Islamic Law, Family Law, Islamic Courts, Islamic Economics, Islamic Politics. Submissions that focus upon the Islamic Law or Islamic Courts of any of these levels or units of analysis in a way that interestingly and effectively brings together conceptual analysis and empirical findings are welcome. Journal of Family Law and Islamic Court is committed to disseminating rigorous, high-quality research and debate with a scientific influence on the international society. To that purpose, the Editorial team follows a meticulous editorial procedure, bringing the most sophisticated research on Islamic Law and Islamic Courts. The journal is online and has open access, and its internal publication procedure enables it to distribute its research findings internationally promptly.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 96 Documents
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Castal Punishment in the Perspective of Islamic Law Atika, Nur; Nuh, Ahmad; Salam, Abdul; Kappaja, Ismail
Journal of Family Law and Islamic Court Vol. 3 No. 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.18032

Abstract

This study aims to examine the application of chemical castration punishment to perpetrators of child sexual violence in Indonesia from the perspective of Islamic law. In Indonesia’s positive law, chemical castration is regulated in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional penalty. The method used is a normative juridical approach with a qualitative research design. This study seeks to analyze the compatibility of chemical castration with the principles of Islamic law, focusing on whether it aligns with the maqashid al-sharia (objectives of Islamic law) and the core values of justice and fairness. The research findings suggest that chemical castration could be categorized as a form of takzir (discretionary punishment) in Islamic law, provided it does not conflict with the fundamental objectives of sharia, and that its implementation must adhere to the principles of proportionality and fairness. The research also critically assesses the broader implications of chemical castration, particularly from ethical, human rights, and legal perspectives. It delves into the ethical concerns of the medical profession regarding its implementation, highlighting the balance between upholding justice and respecting human dignity. Additionally, the study explores the views of contemporary Islamic scholars on the use of chemical castration as a punishment, assessing the debates surrounding its legitimacy in the context of Islamic jurisprudence. Ultimately, the study aims to provide a comprehensive understanding of the legal, ethical, and religious dimensions of chemical castration as a criminal penalty in Indonesia.
The Effectiveness of the Bride-to-be Course in Reducing the Divorce Rate at the Religious Affairs Office of Karossa District Central Mamuju Regency Kurnia, Nur Isra; Bakri, Mukhlis; Hijaz, Muh Chiar
Journal of Family Law and Islamic Court Vol. 3 No. 3 (2025): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jflic.v3i3.18060

Abstract

This study aims to examine the effectiveness of the implementation of Suscatin in KUA Karossa District, as well as to analyze the supporting and inhibiting factors in its implementation. This study uses a qualitative descriptive method (Field research), with data collection techniques in the form of observation, interviews, and documentation. The research subjects consisted of the head of KUA, Islamic religious extension workers, and course participants. Data analysis is carried out through the process of data reduction, data presentation, and conclusion drawn. The results of the study show that Suscatin at KUA Karossa has been implemented in accordance with technical instructions from the Ministry of Religious Affairs, and has a fairly good effectiveness in providing an understanding of the rights and obligations of husband and wife, communication in the household, and conflict management. This can be seen from the increasing awareness of brides-to-be on the importance of readiness before marriage, and the decrease in divorce rates after the program is carried out regularly. Supporting factors in the implementation of this program include the existence of active religious extension workers, cross-agency cooperation, and community support. Meanwhile, the inhibiting factors are limited facilities, and lack of operational funds.
Exploring the Experiences of Single Parents and the Impact of Divorce on Children: A Qualitative Case Study in a Selected City of the Maldives Mariyam Shahuneeza Naseer; Shafiu Ali
Journal of Family Law and Islamic Court Vol. 4 No. 1 (2026): Journal of Family Law and Islamic Court (In Progress)
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/rb4bcp73

Abstract

This qualitative case study investigates the effects of divorce on children and single parents in a city in the Maldives. The research employed purposive sampling to gather data from divorced single parents with children under 18, analyzing the information using thematic analysis. The results indicate significant disruptions in the daily routines and responsibilities of most single parents, with many feeling overburdened and distressed. Psychological issues, such as isolation, panic attacks, and depressive symptoms, were commonly reported, often exacerbated by economic difficulties. Single parents faced challenges in balancing their personal, emotional, and financial responsibilities, which contributed to heightened stress. The study also highlighted the importance of available support systems, including resources and assistance, in alleviating the negative consequences of divorce on both parents and children. Healthy co-parenting relationships were identified as essential in reducing stress and promoting better outcomes for children post-divorce. The findings emphasize the need for comprehensive guidelines and mechanisms to support single-parent families, ensuring they receive adequate help to navigate the challenges of marital breakdowns. By addressing these needs, it is possible to mitigate the long-term impact of family dissolution on both parents and their children, enhancing their overall well-being and stability in the face of adversity.
Comparative Study of Civil Law and Islamic Law on Unlicensed Pawn Cases in North Jakarta Silvia Ripa Nurkaromah; Maryam Fany; Rifa Naza Amalia; Raafi Al-Afghany
Journal of Family Law and Islamic Court Vol. 4 No. 1 (2026): Journal of Family Law and Islamic Court (In Progress)
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/0t14qd87

Abstract

Pawn agreements (rahn) are widely applied by pawnshops and communities in Indonesia, with a clear legal basis in both civil law and Islamic law. However, in practice it is often not in accordance with applicable regulations. This research uses a qualitative approach with descriptive methods and data collection through structured interviews. Data analysis was conducted using content analysis techniques. The case studied relates to cases of pawning without consent in North Jakarta, with settlements that can be pursued through legal channels or family settlements. Therefore, it is very important to carry out pawn agreements in accordance with legal provisions to avoid similar problems in the future.
Fulfilling Children's Nutritional Rights: An Islamic Family Law Analysis of Indonesia's Free Meal Program Muh Abdullah Rizal; Hannani; Syafaat Anugrah Pradana; Rusdaya Basri; Muh. Nurhidayat
Journal of Family Law and Islamic Court Vol. 4 No. 1 (2026): Journal of Family Law and Islamic Court (In Progress)
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/erj38438

Abstract

This article examines state responsibility in fulfilling children's nutritional rights through the Free Nutritious Meal Program (Makan Bergizi Gratis/MBG) from the perspective of Islamic family law in Sidenreng Rappang Regency. The study departs from the dual structure of responsibility in meeting children's basic needs: Islamic law assigns primary responsibility for child maintenance (nafkah anak) to parents, particularly the father, while the state is constitutionally and socially obliged to protect public welfare. This research aims to analyse the legal position of the MBG Program within the framework of Islamic family law and to explain the form of synergy between parental obligations and state intervention. The study uses a normative-empirical approach with a descriptive-analytical qualitative design. Normative data were obtained from Islamic legal sources, statutory regulations, and relevant literature, while empirical data were collected through semi-structured interviews, field observation, and documentation involving family, school, health, program-management, and local-policy actors. The findings indicate that the MBG Program does not replace parental maintenance obligations; rather, it complements and strengthens family capacity in meeting children's nutritional needs. The program also contributes to children's health, learning readiness, and school participation. The study concludes that the relationship between parental responsibility and state intervention is complementary, not substitutive. This synergy reflects the principles of maqasid al-shari'ah, maslahah, and social solidarity (takaful ijtima'i), thereby positioning public policy as a form of contemporary ijtihad aimed at advancing social welfare.
Legal Rationality and Gender Inequality in Judicial Determinations of Marriage Dispensation Due to Pregnancy Muhammad Fadel Adhyputra; Ziadul Fikri; Hilma Elmumtaziya Adila
Journal of Family Law and Islamic Court Vol. 4 No. 1 (2026): Journal of Family Law and Islamic Court (In Progress)
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/xps3xp24

Abstract

The high prevalence of marriage dispensations due to pregnancy has the potential to generate gender injustice against girls. This study aims to examine the construction of judges' legal rationality in granting marriage dispensations and to identify the forms of gender injustice manifested therein. This study employs a qualitative socio-legal method with a gender studies approach. The analysis is based on documents of marriage dispensation rulings at the Bantul Religious Court before and after the enactment of Law Number 16 of 2019, and is complemented by a comparison with rejection decisions at the Painan Religious Court. The analysis draws on Max Weber's theory of legal rationality and Mansour Fakih's concept of gender injustice. The findings show that procedural modernization has not been accompanied by changes in the substance of judicial reasoning, where pregnancy continues to be positioned as an emergency condition that legitimizes child marriage. In contrast, judges at the Painan Religious Court position pregnancy as an indicator of fundamental unpreparedness for marriage, thereby rejecting dispensation applications; however, their reasoning remains laden with moral stigma that disproportionately burdens girls. This practice perpetuates subordination, marginalization, stereotypes, symbolic violence, and the double burden on girls, indicating the lack of integration of a gender perspective in judicial considerations.

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