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Hamdan Arief Hanif
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sahaja@darunnajah.ac.id
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INDONESIA
Sahaja : Journal Sharia and Humanities
Published by Universitas Darunnajah
ISSN : 29647096     EISSN : 28299396     DOI : https://doi.org/10.61159/sahaja.v3i1.174
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Sahaja specifications in the discourse of Sharia and Humanities. Sahaja invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related. That aims to encourage and promote the study of the sharia and humanities from a wide range of scholarly perspectives. The journal focuses on Sharia and Humanities. It covers the studies of Sharia and Humanities accros different areas in the world (The Middle East, The West, Archipelago and other areas), Methodology of Sharia and Humanities. This journal warmly welcomes to any contributions from scholars of the related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
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Married but Apart: Silent Divorce in Muslim Households from the Perspective of Maqasid al-Shari'ah and Indonesian Marriage Law Nurainun; Defril Hidayat; Muhammad Arinal Haq
Sahaja: Journal Sharia and Humanities Vol. 4 No. 2 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/y7m9xz98

Abstract

Silent divorce refers to a marital condition in which spouses remain legally married and continue to live under the same roof, while their emotional bond, communication, and family functions have broken down. This condition is increasingly reported in contemporary households, including Muslim families, yet it remains largely invisible in Islamic family law because the marriage is formally intact. This study aims to analyse silent divorce from the perspective of Islamic law by examining its characteristics and contributing factors, assessing it against maq??id al-shar??ah and Indonesian marriage legislation, and proposing measures to prevent and resolve it. As the study relies on secondary doctrinal and empirical literature rather than primary fieldwork, these measures are presented as normative propositions for future empirical testing rather than as established findings. The study employs normative legal research with statute and conceptual approaches, drawing on the Qur'an, hadith, Law No. 1 of 1974 on Marriage as amended by Law No. 16 of 2019, the Compilation of Islamic Law, and recent peer-reviewed literature. The findings show that silent divorce develops gradually through declining communication, growing emotional distance, and prolonged estrangement, driven by communicative, socioeconomic, technological, and spiritual factors. Although it does not dissolve the marriage, silent divorce threatens all five essential objectives of the sharia, namely the protection of religion, life, intellect, progeny, and property, and it amounts to a persistent failure to fulfil the reciprocal rights and duties of spouses under the Marriage Law. The study proposes a maq??id-based family resilience model that integrates religious, communicative, legal, mediative, economic, and digital measures.
Customary Fines for Broken Marriage Promises: The Dendo Tudung Malu Sanction in Kedepatian Tigo Luhah Semurup, Kerinci Susi Susanti
Sahaja: Journal Sharia and Humanities Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/6871yt61

Abstract

Dendo Tudung Malu is a customary fine imposed on a party who unilaterally breaks a marriage promise (khitbah) in Kedepatian Tigo Luhah Semurup, Kerinci, Jambi. Islamic jurisprudence treats betrothal as a non-binding promise, whereas local custom attaches binding sanctions to its cancellation. This study examines the considerations underlying the fine, the procedure for imposing it, and its standing in Islamic family law. A qualitative descriptive field study was conducted in March and April 2025 through observation, interviews, and documentation involving customary leaders (depati), customary guardians (tengganai), a religious leader, people who had paid the fine on the male and female sides, and a community leader. The fine rests on five considerations: material loss, moral harm and restoration of reputation, customary norms as social control, deliberation among customary leaders, and justice based on the party who cancels. It is set through a four-stage deliberation at nine kayu of cloth (IDR 22,500,000). The practice largely meets the criteria of valid custom ('urf ?a???) and protects property and honour, but the automatic double return imposed on women, the subjective valuation of shame, and the lack of written records require reform.

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