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Hamdan Arief Hanif
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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 94 Documents
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POSITION OF ‘IDDAH IN DIVORCE QABLA AL-DUKHÛL: A COMPARATIVE STUDY OF ISLAMIC FAMILY LAW REFORM IN INDONESIA AND BRUNEI DARUSSALAM Nabilah Falah
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.401

Abstract

This study aims to compare the provisions of ‘iddah qabla al-dukhûl (waiting period before the consummation of marriage) in the perspectives of Indonesian and Brunei Darussalam law. The research is of a normative juridical type with a comparative approach, using secondary data in the form of regulations analyzed qualitatively. Based on the analysis, it is found that in Indonesia, the provisions of ‘iddah are regulated in the Compilation of Islamic Law (KHI), which does not require ‘iddah for women who divorce before physical relations occur. Meanwhile, in Brunei Darussalam, which adheres to Sharia law, ‘iddah is required even if the divorce occurs before sexual intercourse, with the provision that remarriage is prohibited without the permission of a Sharia judge. These differences are influenced by social, cultural, and local customary law factors in determining Islamic family law provisions.
ANALYSIS OF THE MARRIAGE IS SCARY PHENOMENON AMONG GENERATION Z: A PERSPECTIVE OF ISLAMIC LAW SOCIOLOGY Krismono; Dwi Oktaviani
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.403

Abstract

The phenomenon of "Marriage is Scary" among Generation Z is increasingly prevalent and reflects changing perceptions and attitudes towards marriage. This study aims to analyze how comments on social media, particularly TikTok, reflect Generation Z's perceptions of marriage within the context of this phenomenon. Utilizing a qualitative approach with a descriptive-analytical method, 63 comments were collected from TikTok posts discussing the "Marriage is Scary" trend between November 2024 and January 2025. The analysis identified five main themes: Fear of partners, uncertainty about the future, domestic conflicts, financial concerns, and social media influence. Fear of partners emerged as the most dominant category, influenced by personal experience and exposure to negative narratives regarding domestic violence and marital failure. Economic factors and financial instability also contribute to Generation Z's decision to delay marriage, while social expectations and domestic conflicts further reinforce skepticism towards the institution of marriage. From the perspective of Islamic legal sociology, this phenomenon reflects the challenges in harmonizing Islamic legal norms with evolving social realities. Islamic law emphasizes balance in spousal relationships. However, in practice, it remains influenced by patriarchal cultural expectations that raise concerns, particularly for women. This study highlights the need for more inclusive premarital education, focusing not only on normative aspects, but also on the social and psychological realities of young people. Further research could explore the influence of religious education, state policies, and family roles in shaping perceptions of marriage as well as developing Islamic legal strategies that are more adaptive to social changes.
Maqashid Syariah Review of Inheritance Distribution Practices from Parents to Children in the Betawi Indigenous Community of Kapuk Village: A Socio-Legal Empirical Study Diva Hardiyanti Abdillah; Muhammad Yusron
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/sahaja.v4i2.409

Abstract

This study examines inheritance distribution practices among the Betawi indigenous community in Kapuk Village, West Jakarta, through the lens of maqashid syariah theory. Parents often distribute inheritance orally during their lifetime, based on personal discretion without formal documentation or witnesses, frequently excluding other family members. This practice raises concerns about fairness, familial conflicts, and potential violations of Islamic justice principles. Using an empirical legal research method with a socio-legal approach, data were collected through interviews with community leaders and family members, as well as secondary sources. The findings reveal that inheritance distribution often deviates from Islamic inheritance law (faraid), favoring children perceived as emotionally closer or more responsible. While this reflects local cultural values, it frequently leads to dissatisfaction and disputes among heirs, especially in the absence of formal documentation. However, this practice aligns with maqashid syariah by prioritizing maslahat (benefit), justice, and social stability. By emphasizing maslahat over strict adherence to textual rules, such practices are considered a legitimate form of ijtihad within Islamic law. This nuanced approach highlights the balance between cultural traditions and Islamic legal principles, suggesting that as long as fairness and social harmony are maintained, such practices can be justified under maqashid syariah.
Maqasid Al-Shariah Analysis of Marriage Annulment at the Cikarang Religious Court: A Case Study of Decision Number 1380/Pdt.G/2019/PA.Ckr Ema Damayanti; Suprihatin; Musyaffa Amin Ash Shabah; Agus Supriyanto
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/sahaja.v4i2.553

Abstract

One of the things that can cause a marriage to end is the annulment of the marriage, such as in case number 1380/Pdt.G/2019/PA.Ckr concerning the annulment of marriage at the Cikarang Religious Court. This study aims to determine and analyze the judge's considerations in deciding the case with the maqoshid sharia approach to the decision. The research method used in this study is a descriptive analysis method with a qualitative research type. The approach used is normative juridical legal research using decision number 1380/Pdt/G/2019/PA.Ckr as the primary data source. The results of this study are that decision number 1380/Pdt.G/2019/PA.Ckr has legal coherence (legal conformity) with Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage, article 27 paragraph (2) and the Compilation of Islamic Law, article 27 paragraph (2) which states that a marriage annulment can be filed due to fraud or misunderstanding regarding the husband or wife during the marriage. Because in this decision case, it has been proven that there was fraud committed by Respondent 1, in which Respondent 1 covered up her condition of being pregnant before marrying the Applicant and the fetus was another man's child. And in terms of maqoshid sharia, the decision to annul the marriage in this decision is more beneficial for both of them than having to continue their marriage. Keywords: Marriage Annulment, Judge's Consideration, Maqoshid Syariah.
The Relationship Between Revelation and Reason in Islam: An Integrative Framework for Knowledge Construction and Worldview Formation Nasywa Nidaul Azmi; Laila Zaqiyah; Hamdan Hasibuan; Muzanah; Salim Haji; Mustakim; Muhammad Fahrul
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.657

Abstract

This study examines the integrative relationship between revelation (wahy) and reason (‘aql) in Islamic epistemology, with particular emphasis on how their synthesis constructs a coherent worldview and influences Muslim intellectual, social, economic, and spiritual life. Employing a qualitative content analysis approach grounded in library research methodology, this study systematically analyzed primary Islamic sources, the Qur’an and Hadith, alongside classical and contemporary scholarly literature, including works by Ibn Rushd, Ibn Taymiyyah, al-Ghazali, and al-Attas. Thematic analysis was conducted through a three-stage coding process involving open coding, axial coding, and selective coding to identify recurring patterns in the discourse on revelation-reason integration. The findings reveal four principal themes: (1) the epistemological complementarity of revelation and reason as articulated in classical Islamic philosophy; (2) conceptual models of knowledge integration that bridge divine guidance with rational inquiry; (3) persistent challenges in operationalizing this integration within contemporary educational and institutional contexts; and (4) the multidimensional impact of this integration on social cohesion, economic ethics, and spiritual consciousness. This study contributes to the existing literature by proposing a systematic integrative framework that positions revelation and reason not as competing epistemic authorities but as synergistic sources of knowledge essential for addressing contemporary challenges of secularism, materialism, and moral fragmentation.
The Role of Judges in Preventing Divorce Due to Domestic Violence: An Islamic Law Perspective (A Case Study at the South Jakarta Religious Court) Alyatul Himmah; Muhamad Arief Al Hakim; Hendro Risbiyantoro
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/sahaja.v4i2.666

Abstract

The escalating prevalence of divorce cases attributable to domestic violence (KDRT) in Indonesia underscores the critical need for effective judicial intervention. This study examines the multifaceted role of judges at the South Jakarta Religious Court in preventing divorce resulting from domestic violence, evaluates the alignment of judicial practices with Islamic legal principles, and identifies the mechanisms employed in resolving such cases. Employing a qualitative case study methodology, primary data were gathered through in-depth interviews with a mediator judge and direct observations of mediation and court proceedings, complemented by secondary data from Islamic jurisprudence literature and official court documentation. The findings reveal that judges function as both law enforcers and mediators, systematically identifying domestic violence through evidentiary assessment and witness testimonies, and facilitating mediation using caucus techniques that allow victims to communicate without coercion. This judicial role aligns with the Islamic principles of justice (al-‘adl) and the protection of life (hifz al-nafs) within the maq?sid al-shar?‘ah framework. Although complete reconciliation remains rare, partial mediation outcomes demonstrate significant value in reducing future conflict.
Keluarga Berencana dalam Perspektif Islam dan Kesehatan: Harmonisasi antara Syariat dan Medis Modern Nabilah Falah
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/sahaja.v4i2.699

Abstract

This study examines the harmonization between Islamic legal principles and modern medical science in the implementation of family planning (FP) programs in Indonesia. Despite the government's sustained efforts to promote FP through the National Population and Family Planning Board (BKKBN), religious misinterpretations and cultural resistance continue to impede program acceptance, particularly in Muslim-majority communities. Employing a qualitative normative-analytical approach through systematic literature review, this research analyzes primary Islamic legal sources, national health policies, and recent empirical studies indexed in Scopus and Web of Science databases (2020-2025). The analysis is framed through the theoretical lens of maqasid al-shari'ah, specifically the principles of hifz al-nafs (preservation of life) and hifz al-nasl (preservation of lineage). The findings reveal that temporary contraception is jurisprudentially permissible when aimed at safeguarding maternal and child health, and that the integration of religious authority and biomedical evidence significantly enhances community acceptance. This study contributes to the interdisciplinary discourse on Islamic bioethics by proposing a conceptual model for religion-health integration in reproductive governance
Family Resilience in Couples with Wives Earning Higher than Husbands: Perspective of Mubadalah and Qawwamah (Study in the Urban Area of South Jakarta) Alfikrul Akbar; Bayu Arif Mahendra; Muhammad Ali Marzuqi
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/sahaja.v4i2.784

Abstract

This study examines family resilience among couples in South Jakarta where wives earn higher incomes than their husbands, analyzing communication patterns and role division through the Islamic perspectives of Mubadalah (reciprocity) and Qawwamah (guardianship). Using a qualitative case study approach, data were collected through in-depth interviews, observations, and document reviews with 15 married couples in the Pesanggrahan sub-district, categorized into harmonious, conflict-prone, and divorced households. The findings reveal that family resilience is significantly influenced by open communication and equitable distribution of household responsibilities. Harmonious couples practicing Mubadalah principles demonstrated adaptability by reinterpreting roles, with husbands contributing to domestic tasks while wives served as primary earners, fostering mutual respect and emotional closeness. Conversely, households with rigid adherence to traditional gender roles experienced conflicts stemming from unclear role boundaries, emotional withdrawal, and husbands’ feelings of inadequacy, often leading to marital dissolution. The study underscores the need to reinterpret Qawwamah in a contextual light, emphasizing functional leadership grounded in emotional and spiritual support rather than solely in financial provision. It also highlights the relevance of the Islamic legal maxim taghayyur al-fatwa bi taghayyur al-zaman wa al-makan (legal rulings change with changing times and places) in accommodating contemporary socio-economic realities. The research contributes to understanding how Islamic values and modern gender dynamics intersect, offering insights for strengthening family resilience through enhanced communication, reciprocal role-sharing, and context-sensitive interpretations of religious teachings.
The Contribution of the Safavid Dynasty to the Formation of the Islamic Family Law System: Institutionalization of Ja’fari Jurisprudence in Marriage, Divorce, and Inheritance Regulations in Iran Lidia Sandy Kartika; Athia Nur Kamilah; Falih Akmal Wicaksono
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.790

Abstract

This study examines the contribution of the Safavid dynasty (1501–1736) to the formation of the Islamic family law system in Iran, with a particular focus on the institutionalization of Ja'fari jurisprudence in regulating marriage, divorce, and inheritance. Using a historical-juridical approach with qualitative library research methods, the study traces how the Safavid political transformation from a Sufi order (tar?qah) into a Twelver Shi'a state provided the structural foundation for codifying family law norms derived from the Ja'fari school of thought. The findings reveal that the Safavid era introduced significant legal innovations in three key domains: the formalization of permanent (nik??) and temporary (mut'ah) marriage contracts under state-administered shar?'ah courts; the systematization of divorce procedures including ?al?q, khul', and judicial dissolution; and the implementation of inheritance distribution based on far?'i? principles. The study concludes that the Safavid legacy in family law continues to shape Iran's modern legal framework. This study contributes to the existing body of knowledge by providing an integrative analysis that bridges the gap between Safavid political historiography and Islamic legal studies, specifically by disaggregating the institutional mechanisms such as the role of the ?adr, the appointment of Shi'a q???s, and the scholarly migration from Jabal '?mil through which Ja'fari family law norms were systematically codified and enforced, an area that has been largely overlooked in prior scholarship which tends to treat the Safavid legal system as a monolithic entity without examining its specific innovations in the domains of marriage, divorce, and inheritance regulation.
The Tuhor Tradition In Marriage Among The South Tapanuli Community The Dialictic Between Custom and Islamic Law Ahmad Soleh Hasibuan; Sawaluddin Siregar
Sahaja: Journal Sharia and Humanities Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v5i1.793

Abstract

The tradition of tuhor (bride-price) in the marriage customs of the Tapanuli Selatan community represents a complex intersection between local adat values and Islamic legal principles. This study aims to examine the dynamics of determining the quantity of tuhor through the dialectical relationship between customary norms and Islamic jurisprudence. Employing a qualitative field research approach, data were collected through interviews with religious leaders, adat elders, and community members involved in marriage negotiations. The analysis used a socio-legal framework to reveal the coexistence and tension between customary practices and Islamic legal ethics. The findings indicate that tuhor functions not merely as a material requirement but as a symbol of family honor, social responsibility, and mutual respect between kinship groups. From an Islamic perspective, the amount of tuhor should align with the principle of fairness (‘adl) and should not burden either party. However, in practice, social prestige and local status often influence the determination of its value, leading to disparities between religious ideals and customary expectations. The study concludes that harmonization between adat and Islamic law is essential to ensure that the implementation of tuhor reflects both cultural dignity and the spirit of justice as mandated in Islamic teachings.

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