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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 92 Documents
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Artificial Intelligence and Islamic Law: Ethical Implications and Fiqh Fatwas in the Digital Age Malik, Ridwan; Malik, Abdul; Mustika, Mega
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.v3i2.16546

Abstract

The advancement of Artificial Intelligence (AI) in the digital era has significantly influenced various fields, including health, education, and the legal system. However, alongside its potential benefits, AI also presents complex ethical and legal challenges, particularly within the framework of Islamic law, which is grounded in the Qur'an, Hadith, and fiqh traditions. This study examines how core principles of Islamic law—maslahah mursalah (public good), qiyas (analogy), and dhaman (accountability)—can address these challenges. Additionally, it evaluates the role of fatwas in offering adaptive and relevant legal guidance for modern technological developments. Using a document analysis approach, the research reveals that Islamic law possesses the flexibility to tackle issues such as algorithmic bias, data privacy, and accountability in autonomous decision-making. The principle of maslahah supports the ethical use of AI for the greater public good, while qiyas facilitates the legal adaptation of emerging technologies through analogy with established precedents. Meanwhile, dhaman underscores the necessity of human responsibility in the deployment of AI. However, existing fatwas are often too general and lack detailed guidance on addressing the specific complexities of AI, highlighting the need for a holistic approach that integrates classical Islamic principles with contemporary technological contexts. This research contributes by proposing a more comprehensive ethical and legal framework that aligns AI development and application with Islamic values. Recommendations include producing more detailed fatwas and conducting empirical research involving scholars, policymakers, and technology developers to ensure AI's responsible and beneficial utilization in the digital age.
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
تعدد الزوجات بين الإطلاق والتقييد والإلغاء: دراسة فقهية قانونية على ضوء مدونة الأسرة المغربية YASSINE, LAABID MOHAMMED
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/a2ser586

Abstract

تأتي هذه الورقة البحثية من أجل بيان مدى توفق المشرع المغربي في تشريع أحكام تعدد الزوجات بما ينسجم مع أحكام التشريع الإسلامي ومقاصده وتحقيق الإنصاف بين الزوجين؛ وذلك من خلال بيان موقف القائلين بإطلاق تعدد الزوجات، ثم إبراز موقف القائلين بتقييد أو إلغاء تعدد الزوجات، ثم بترجيح القول بين الموقفين؛ وقد خلُصَ البحث إلى أنه ينبغي بشكل واضح وبصياغة دقيقة ومحكمة - في الإصلاح الجديد المرتقب لمدونة الأسرة بالمغرب - على الشروط الشرعية والقانونية والمبررات الموضوعية والحالات الاستثنائية التي تستدعي التعدد، وكيفية التحقق من توفرها واقعيا في من يقدِمُ على هذه الخطوة؛ لأن التعدد لم يُشرَع لهوًا وعبثًا وإشباعًا لِنزوة عابرة، ولكن لحفظ كرامة المرأة من الامتهان والاستغلال، وتحقيق مصالح الأسرة واستقرار المجتمع ككل، وفي الوقت نفسه المصالح والأهداف التي قصدها الشارع الحكيم من إباحة تعدد الزوجات.The present paper aims to reveal the extent to which the Moroccan legislator has succeeded in regulating the practice of polygamy in alignment with the principles and objectives of Islamic legislation, while ensuring equity between spouses. The study examines three key perspectives: the first one calls   for the unrestricted practice of polygamy, the second is for its restriction or abolition, while the third perspective tries to balance between, and make use of, the two positions. The research concludes that the anticipated amendments to the Moroccan Family Code should clearly and precisely articulate the legal and Islamic conditions, objective justifications, and exceptional cases necessitating polygamy. It also calls for verifying these conditions in practice for anyone intending to pursue this step. This is because polygamy was not legislated for trivial purposes or fleeting desires but rather to protect women from exploitation and degradation, uphold the dignity of the family, and promote societal stability. Simultaneously, it seeks to achieve the broader objectives intended by Islamic law in permitting polygamy.
A Review of Islamic Law on Community Traditions on the Prohibition of Marriage in the Month of Muharram (Case Study in North Galesong District, Takalar Regency) Aisyah, Aisyah; Abbas, Abbas; Muntadzar, Ahmad
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.v2i3.16863

Abstract

In North Galesong sub-district, Takalar regency, there is a custom that although some people have abandoned it, there are still some who follow this traditional custom. Tradition in North Galesong sub-district of Takalar district links the time of the month of Muharram with the time of marriage. According to the words of the previous parents, the month of Muharram is a bad month for marriage, known as bulang bambang. Whereas in Islamic law there is nothing that explains the existence of bad times in the implementation of marriage. This type of research is qualitative research. It can be concluded that: 1). The impermissibility of holding a wedding in the month of Muharram in North Galesong sub-district of Takalar regency is a custom left by previous parents. The impermissibility of holding a wedding in the month of Muharram is still followed by some people. The month of Muharram is commonly referred to as bulang bambang by people in North Galesong sub-district, Takalar regency, because this month, according to previous parents, there were many bad events that occurred so that previous parents attributed it was not good to hold a wedding in the month of Muharram. 2). The tradition of not being allowed to hold a wedding in the month of Muharram in North Galesong sub-district of Takalar district in Islamic law can be said that choosing a good time to hold a contract / marriage is okay because in the case of muamalah including cultural traditions the law changes as long as there are no deviations, but considers that the month of Muharram is a bad month for holding a marriage including bad deeds to Allah Almighty. In this case Islam came to strengthen tawhid our belief that everything happens by the will of Allah Almighty. In Islamic law, a person may enter into marriage if the pillars and conditions have been fulfilled and do not violate the provisions of marriage.
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.
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.
The Impact of Biological Dissatisfaction of Husband and Wife on Divorce at the Religious Court of Bantaeng Regency 2021-2022 Mahenra, Usril Asyar; Muchtar, M Ilham; Billah, Muktashim
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.v2i2.16872

Abstract

This study is to determine the Impact of Biological Dissatisfaction of Married Couples on Divorce in the Bantaeng Regency Religious Court in 2021-2022, this purpose is described in sub-problems: 1. How is the picture of divorce caused by biological dissatisfaction factors of married couples that occur in the Bantaeng Regency Religious Court. 2. How the impact of biological dissatisfaction on married couples led to divorce at the Bantaeng Regency Religious Court. This research is a field research that uses a qualitative approach by conducting an interview and documentation process. The results of this study show that based on data from the Bantaeng Regency Religious Court, divorce cases in Bantaeng Regency in 2021-2022 have increased. In 2021 there were 337 divorce cases and in 2022 there were 379 divorce cases. Divorce occurs due to several factors including economic factors, family, biological dissatisfaction or other factors. 15%-25% of the total cases each year divorce due to biological dissatisfaction and partly due to other factors. And the impact of biological dissatisfaction with the couple is first, lack of respect for the partner, second, not being provided for by the husband and domestic violence.
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.
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
The Validity of Interfaith Marriages According to MA No. 1400K/Pdt/1986 Perspectives on Islamic Jurisprudence Makdura, Siti Kurniawati; Juhanis, Hasan Bin; Rapung, Rapung
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.v2i3.16880

Abstract

This research discusses the law on interfaith marriage according to the Supreme Court No. 1400K/Pdt/1986 and the perspective of Islamic jurisprudence. The method used in this research is the library research method, namely research by studying and analyzing data obtained from library sources such as books, papers, articles, journals and so on which relate to the law of interfaith marriage, so that you will get exact data. Then the data was copied and compiled into a thesis after careful research. The results of this research can be concluded that, the first: There is not a single regulation, be it religious regulations or legislation that allows or requires marriages of different religions. Because the Supreme Court decision No. 1400K/Pdt/1986, does not have strong legal legality as a legal source for interfaith marriages. The second: The law on interfaith marriage is divided into several parts from the perspective of Islamic jurisprudence, namely:  The law is for Muslim men to marry women from people of the book, that is, most scholars tend to allow such marriages and some of them only consider it a harbinger.  The law on marriage between Muslim men and polytheist women is that the scholars agree that it is forbidden for a Muslim man to marry a polytheist woman. The law for Muslim women marrying non-Muslim men is that Islamic legal experts consider this marriage to be prohibited by Islam, whether the prospective husband is from people of the book (Jews and Christians) or adherents of other religions who have holy books such as Hinduism and Buddhism or adherents of other religions. beliefs that do not have a holy book. Muslim women cannot marry men other than those of their religion, whether from the people of the book or others under any circumstances.

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