cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muktashim Billah
Contact Email
muktashim.billah@unismuh.ac.id
Phone
+6282193047805
Journal Mail Official
jflic@unismuh.ac.id
Editorial Address
Jl. Sultan Alauddin No. 259,Makassar, Sulawesi Selatan
Location
Kota makassar,
Sulawesi selatan
INDONESIA
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 92 Documents
 2   3   4   5   6 
Annulment of Marriage Due to Identity Forgery in the Perspective of Islamic Law Apriyani, Eka Putri; Muchtar, M Ilham; Rapung, Rapung
Journal of Family Law and Islamic Court Vol 3, No 1 (2024): 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.v3i1.16919

Abstract

Marriage is an inner birth bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One True Godhead. Marriage must be carried out in accordance with the Shari'a and comply with its conditions and harmony. And if it does not meet the conditions and get along well, then the marriage will be void. The formulation of the problem in this study is how the picture of identity forgery in marriage and how the Islamic legal perspective related to marriage annulment due to identity forgery. This research is classified as Library Research research with a qualitative approach, meaning that this research does not go directly into the field in finding data sources. Library research is used to obtain written data relating to the object of research with the intention of being able to analyze identity forgery. The data sources used by researchers are primary data and secondary data then analyzed to obtain conclusions and aim to reveal describing the data obtained. The results of this study are, first: Based on the Law on Marriage No.1 of 1974 Article 2 paragraph 1 where "Marriage is valid, if it is carried out according to the law of each religion and belief", but the marriage will be annulled if it gives false information, false testimony, false letters and other false provisions.  Second: In the perspective of Islamic law and in the eyes of the state falsification of identity in marriage is not justified (legalized), because it is not in accordance with the Shari'a and does not fulfill its pillars and conditions. It can be seen in article 22 of the UUP which reads "Marriage can be annulled if the parties do not meet the conditions for consummating the marriage". Likewise with the hadiths and postulates of shahih and the rules of fiqhiyah that indicate the annulment of the marriage.
The Law of Loans in Meeting the Needs of Marriage from the Perspective of Islamic Fiqh Affandi, Ahmad Zulkifli; Satrianingsih, Andi; Asdar, A
Journal of Family Law and Islamic Court Vol 2, No 2 (2023): 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.v2i2.16917

Abstract

Marriage in Islam as worship, follows the Sunnah of the Prophet. In modern society, high costs drive the Marriage in Islam as worship follows the Sunnah of the Prophet. In modern society, high costs drive the demand for loans, to be considered according to the principles of Islamic jurisprudence. This research explores the law of lending for marriage needs in the perspective of Islamic jurisprudence, focusing on financial solutions for new couples. Qualitative research methods with data sources from libraries, online databases, official websites of religious organizations, and electronic journals. The results showed that in the perspective of Islamic jurisprudence, taking a loan for marriage is permissible on the condition of good faith, emergency, and the ability to pay off debts. The views of scholars vary, but the main principle is to maintain chastity and build an Islamic family by avoiding usury. The implementation of loan law emphasizes clear agreements and intentions, without interest or usury, as well as transparency of terms and conditions. Good intentions, halal fulfillment, ability to pay back, and fairness in transactions are key. Maintaining these principles ensures community involvement in lending that adheres to Islamic values, supports financial policies that are in accordance with Islamic ethics and morals, provides long-term benefits to Islamic families and communities. In conclusion, marriage loans in Islamic jurisprudence are permissible on condition of good faith, emergency, and ability to repay. Implementation requires agreement and clear intentions, no interest, upholding Islamic values, and ensuring long-term benefits for Islamic families and communities
الفاعل الصوفي والأمن الروحي في السياسة الدينية الجديدة للمملكة المغربية: الوظائف و الرهانات Sonhaji, Anas; Larhzizer, Fouad
Journal of Family Law and Islamic Court Vol 3, No 2 (2024): 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.v3i2.16547

Abstract

شكل تنامي قوة الإسلام السياسي في المغرب، واستطار أفكاره بين مختلف فئات المجتمع وخاصة الفقيرة منها، قلقا لدى المؤسسة الملكية وهاجسا في نظامها، الأمر الذي جعلها تبحث في إعادة توظيف الإسلام الصوفي، في إطار سياسة دينية جديدة تعيد التوازن للحقل الديني والسياسي، بما يضمن تعزيز مبدأي الشرعية والمشروعية اللذين يتأسس عليهما النظام السياسي المغربي، ويقوي من سيطرة إمارة المؤمنين على السلطتين الدينية والزمنية، ويخبي حضور  التيارات الإسلامية المنتفضة ضد أمير المؤمنين وسياساته العمومية
Divorce Due to Family Economic Problems (Case Study at the Belopa Religious Court in 2022-2023) Nafila, Selvi; Muchtar, M Ilham; Rapung, Rapung
Journal of Family Law and Islamic Court Vol 3, No 1 (2024): 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.v3i1.16877

Abstract

This thesis is motivated by the breakdown of a marriage between husband and wife due to disharmony in the household. By formulating the problem of how the divorce rate is due to family economic problems and analyzing divorce due to family economic problems in the Belopa Religious Court, the author conducted research with the aim of finding out the level and analyzing the factors that trigger divorce due to family economic problems in the Belopa Religious Court. The author uses a qualitative method, with the data sources used being primary and secondary. Then data collection techniques use interview, observation, documentation and data information collection methods. The data analysis techniques used are data reduction, data presentation and conclusions. The results of this research show that the divorce rate due to family economic problems in the Belopa Religious Court is quite significant, with the number of cases submitted in 2022 being 4 cases and in 2023 being 3 cases. case. Apart from economic factors, there are other internal and external factors that cause divorce, such as the husband's lack of responsibility, lack of transparency in economic matters and interference by third parties. Divorce cases due to family economic problems are also influenced by other factors such as infidelity, domestic violence and other family conflicts.
Effectiveness of Mediation in Preventing Divorce in the Sungguminasa Class I B Religious Court in 2022 Jumik, Jumik; Muchtar, M Ilham; Abidin, Zainal
Journal of Family Law and Islamic Court Vol 2, No 2 (2023): 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.v2i2.16870

Abstract

This study discusses the issue of the Effectiveness of Mediation in Divorce Prevention at the Sungguminasa Religious Court in 2022. Mediation is a way of resolving disputes through the negotiation process to obtain agreement between the parties assisted by a mediator. This is motivated by the high number of divorce cases entered at the Sungguminasa Religious Court in 2022. So the author conducted a study with the aim of knowing how effective mediation is in preventing divorce at the Sungguminasa Religious Court in 2022 and what factors are supporting and inhibiting the success of mediation in preventing divorce at the Sungguminasa Religious Court in 2022. The author uses qualitative methods, the data sources used are primary data and secondary data. Then data collection using observation, interview, and documentation methods.  The results of this study show that the legal basis used by the Courts, especially Religious Courts, is Law No. 1 of 1974, PERMA No. 1 of 2008, PERMA No. 1 of 2016. In the implementation of mediation, not a few have failed and not a few have succeeded due to various things, the results of mediation at the Sungguminasa Religious Court in 2022 were declared quite effective.
Dynamics of The Rules for Changing Sharia Law According to Ibnul Qayyim Al-Jauziyyah Rudin, Syafaat; Kurniati, Kurniati; Musyahid, Achmad; Rahmat, Fajar; As'ad, Muslahuddin
Journal of Family Law and Islamic Court Vol 3, No 2 (2024): 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.v3i2.15864

Abstract

The diversity of human life necessitates order to achieve social harmony. This study examines the significance of divine law (syari’ah ilahiyyah) as superior to tasyri’ wad’i (man-made law), focusing on the consistency of Islamic law and its relationship to the fiqh maxim “Laa Yunkaru Taghayyur al-Ahkam bi Taghayyur al-Azman” (legal rulings may change with changing times). Using a literature-based method, the analysis incorporates classical and contemporary scholarly perspectives alongside practical applications of the maxim. The findings reveal that rulings derived directly from textual evidence (nass) are immutable, whereas those based on custom (urf), public interest (maslahah), or independent reasoning (ijtihad) may adapt to changing contexts. The maxim is narrowly applied to rulings influenced by customs, leaving core scriptural rulings unchanged. Examples include theft punishments adjusted for customary definitions of safekeeping, evolving zakat policies, and contemporary regulations such as traffic laws. These findings affirm that Islamic law combines permanence in foundational principles with flexibility in contextual applications, ensuring its relevance across times and places. The study concludes that understanding the boundaries of this fiqh maxim is crucial for maintaining the balance between the timelessness of Islamic law and its adaptability to modern challenges, preserving both its authenticity and practical utility.--Keberagaman kehidupan manusia memerlukan keteraturan untuk mencapai harmoni sosial. Studi ini mengkaji pentingnya hukum ilahi (syari’ah ilahiyyah) yang dianggap lebih unggul dibandingkan dengan tasyri’ wad’i (hukum buatan manusia), dengan fokus pada konsistensi hukum Islam dan hubungannya dengan kaidah fiqih “Laa Yunkaru Taghayyur al-Ahkam bi Taghayyur al-Azman” (hukum dapat berubah sesuai dengan perubahan zaman). Dengan pendekatan berbasis literatur, analisis ini mencakup perspektif ulama klasik dan kontemporer serta aplikasi praktis dari kaidah tersebut. Temuan menunjukkan bahwa hukum yang bersumber langsung dari nash bersifat tetap, sementara hukum yang didasarkan pada adat (urf), kemaslahatan (maslahah), atau ijtihad dapat disesuaikan dengan konteks yang berubah. Kaidah ini diterapkan secara terbatas pada hukum yang dipengaruhi oleh adat kebiasaan, sementara hukum nash tetap tidak berubah. Contoh penerapan mencakup hukuman pencurian yang disesuaikan dengan definisi adat penyimpanan barang, kebijakan zakat yang berkembang, dan peraturan kontemporer seperti lalu lintas. Temuan ini menegaskan bahwa hukum Islam menggabungkan keabadian prinsip-prinsip dasar dengan fleksibilitas dalam aplikasi kontekstual, sehingga memastikan relevansinya di berbagai waktu dan tempat. Studi ini menyimpulkan bahwa pemahaman batasan penerapan kaidah fiqih ini sangat penting untuk menjaga keseimbangan antara keabadian hukum Islam dan kemampuannya beradaptasi dengan tantangan modern, sekaligus mempertahankan keaslian dan kegunaannya secara praktis.
The Law of the Marriage Contract for the Visually Impaired in the Perspective of Islamic Law and Madzhab Shafi'i Fidyani, Diah; Bakri, Mukhlis; Hijazi, Muh Chiar
Journal of Family Law and Islamic Court Vol 2, No 3 (2024): 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.v2i3.16913

Abstract

This research explores the legal aspects of non-verbal marriage contracts (akad nikah tunawicara) from the perspectives of Islamic law and the Shafi'i school of thought. The marriage contract is an agreement between two parties who enter into matrimony through the process of ijab (proposal) and qabul (acceptance). Generally, a marriage contract is deemed valid if it meets the necessary conditions and pillars. However, for individuals with special needs, particularly those who are non-verbal, there are specific methods for conducting the marriage contract. The objectives of this research are: 1. To understand the procedures of a non-verbal marriage contract according to Islamic law. 2. To determine the legal aspects of a non-verbal marriage contract according to the Shafi'i school of thought. This research adopts the library research method, involving the examination of relevant books and literature related to the discussed issues. The findings of this study indicate that: 1. Non-verbal marriage contracts, from an Islamic legal perspective, must adhere to the pillars and conditions of marriage, similar to marriages involving individuals who can communicate verbally. Non-verbal communication can be through understandable gestures, writing, or representation by a proxy. If the individual can write, the marriage contract is valid using that written form, just as it is valid using gestures. This opinion has been agreed upon by scholars. 2. Imam Shafi‘i asserts that a marriage contract in written form is valid, provided there is someone who reads it on behalf of the party involved. If no one reads it on their behalf, the contract is considered invalid. Additionally, Imam Shafi‘i deems a marriage contract valid through gestures for those unable to write, although he suggests combining gestures with written representation if possible.
Analysis of The Right to Live for Children of Adultery According to MUI Fatwa Number 11 of 2012 and Its Relation to MK Decision Number 46/PUU-VIII/2010 Waris, A. Putri Dyana; Abbas, Abbas; Muntazar, Ahmad
Journal of Family Law and Islamic Court Vol 3, No 1 (2024): 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.v3i1.16879

Abstract

A child resulting from adultery cannot be assigned to the man who gave birth to him (his father), he can only be assigned to his mother and his mother's family. However, this does not eliminate the father's responsibility to provide for the child's living needs and provide assets after he dies through a mandatory will. MUI fatwa number 11 of 2012 rejected MK decision number 46/PUU-VIII/2010 which had previously been decided regarding children resulting from adultery who have civil rights with their father, if it is biologically proven that the child is a child resulting from adultery between their father and mother. The MUI fatwa stated that the MK decision deviated from Islamic teachings, according to which children resulting from adultery can only be assigned to their mother's family. To decide on a decision related to Islamic law, its formation must be in accordance with the basics of Islamic law and not deviate from it. In an effort to find the right decision for this problem, the author uses literature research by analyzing the MUI Fatwa and also the Constitutional Court's decision which explains the status of children, as well as sources that can provide information related to this research
Community Views on Changing Religions as a Reason for Marriage in a Review of Islamic Law in Beringin Jaya Village, Baebunta District, North Luwu Regency Aini, Qurratul; Muchtar, M Ilham; Abidin, Zainal
Journal of Family Law and Islamic Court Vol 2, No 2 (2023): 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.v2i2.16871

Abstract

Conversion in Islam is known as apostasy. This conversion is not uncommon, including the incident that has occurred in Beringin Jaya Village, Baebunta District, North Luwu Regency.some are With this, researchers divide into several subproblems including: how is the description of the conversion process in Beringin Jaya Village, Baebunta District, North Luwu Regency? and how to convert in the view of the people of Beringin Jaya Village, Baebunta District, North Luwu Regency according to Islamic law? This type of research is field research where this research is carried out by going directly into the field to obtain data from informants related to the research conducted. This research is presented in a descriptive form with the aim of describing the processes that occur in the field. While the approach taken is a qualitative approach. The data collection techniques used were abconservation, interviews and documentation. The results of this study show that religious conversion carried out by people in Beringin Jaya Village is based on marriage, because they love their partners too much so they sacrifice the ir religion to follow their partner's religion. That is by holding a wedding that previously Hinduism converted to Islam. And the process of converting to Islam is before they get married, some convert to Islam after the proposal is accepted and some convert to Islam before the proposal is accepted.
Review of Islamic Marriage Law and Gender Justice Towards SEMA Number 3 Of 2018 Concerning Rejection of Isbat Polygamy Cases in Religious Courts Abdul Halim, Halmi
Journal of Family Law and Islamic Court Vol 3, No 2 (2024): 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.v3i2.16524

Abstract

Having more than one wife or polygamy in Indonesia is regulated in Law Number 1 of 1974 concerning Marriage. Marriages in Indonesia are also regulated in terms of registration. In society there is a phenomenon of husbands marrying more than one wife (polygamy) without being recorded by the Marriage Registrar. Because the legal status of the second, third or fourth wife is unclear if it is not recorded, an application for polygamous isbat is submitted to the court. However, there is SEMA regulation Number 3 of 2018 which prohibits polygamous isbat from being processed in court. Therefore, the aim of this research is to find answers to questions related to polygamous isbat procedures, analysis of Islamic marriage law regarding the rejection of polygamous isbat in religious courts and gender justice analysis regarding the rejection of polygamous isbat in religious courts. The research method used was content analysis, which used a data search method, namely literature study. From this research it was found that the marriage isbat procedure with polygamous isbat is different, the rejection of polygamous isbat in religious courts according to Islamic Marriage Law is not a new problem and the rejection of polygamous isbat in Religious Courts according to gender justice is divided into two versions, if viewed from the first wife's version it is fair gender, while for second or subsequent wives there is no gender equality.

Page 4 of 10 | Total Record : 92

 2   3   4   5   6 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue Vol 3, No 3 (2025): Journal of Family Law and Islamic Court Vol. 3 No. 3 (2025): Journal of Family Law and Islamic Court Vol. 3 No. 2 (2024): Journal of Family Law and Islamic Court Vol 3, No 2 (2024): Journal of Family Law and Islamic Court Vol. 3 No. 1 (2024): Journal of Family Law and Islamic Court Vol 3, No 1 (2024): Journal of Family Law and Islamic Court Vol 2, No 3 (2024): Journal of Family Law and Islamic Court Vol. 2 No. 3 (2024): Journal of Family Law and Islamic Court Vol 2, No 2 (2023): Journal of Family Law and Islamic Court Vol. 2 No. 2 (2023): Journal of Family Law and Islamic Court Vol 2, No 1 (2023): Journal of Family Law and Islamic Court Vol. 2 No. 1 (2023): Journal of Family Law and Islamic Court Vol 1, No 3 (2023): Journal of Family Law and Islamic Court Vol. 1 No. 3 (2023): Journal of Family Law and Islamic Court Vol 1, No 2 (2022): Journal of Family Law and Islamic Court Vol. 1 No. 2 (2022): Journal of Family Law and Islamic Court Vol 1, No 1 (2022): Journal of Family Law and Islamic Court More Issue