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Contact Name
Muhammad Fauzinudin Faiz
Contact Email
ijil.pascasarjanaiainjember@gmail.com
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+6285762222866
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ijil.pascasarjana@uinkhas.ac.id
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INDONESIA
Indonesian Journal of Islamic Law (IJIL)
ISSN : 2085627X     EISSN : 26157543     DOI : https://doi.org/10.35719/ijil.v5i1
The Indonesian Journal of Islamic Law, a.k.a. IJIL (P-ISSN: 2085-627X, E-ISSN: 2615-7543), is published twice a year, in June and December, by the IJIL Research Centre of the Department of Islamic Family Law, Postgraduate Program, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember since 2019 (first edition). IJIL steadfastly maintains Islamic legal studies as the cornerstone of its academic inquiry. The journal encompasses a broad spectrum of themes within this field, including Islamic Family Law, Islamic Law and Society, Islamic Law and Gender, Islamic Jurisprudence, and Islamic Legal Theory. Upholding a fair and rigorous double-blind peer review process, IJIL is committed to consistently publishing high-quality research articles that explore various dimensions and approaches pertinent to these diverse but interconnected areas of Islamic law. This comprehensive focus enables the journal to contribute significantly to the understanding and advancement of Islamic legal scholarship. It is available online as an open-access resource and also in print. This statement clarifies the ethical behavior of all parties involved in the act of publishing articles in this journal, including authors, editors-in-chief, the Editorial Board, reviewers, and publishers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 91 Documents
When Exchange Fails: A Maqāṣid-Based Socio-Legal Inquiry into Reciprocity and Rationality in Islamic Divorce Ishaq; Gorski Noor Bellah; Helena Rocha Vauclair; Moh. Wasik; Abdifatah Ouich Mustache
Indonesian Journal of Islamic Law Vol. 8 No. 2 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/4j2pef94

Abstract

This study re-examines the phenomenon of divorce through the intersection of social theory and Islamic legal reasoning. It investigates why husband-initiated divorces continue to rise despite the moral discouragement of ṭalāq in Islamic ethics. Integrating George C. Homans’ social exchange theory, Max Weber’s theory of social action, and the maqāṣid al-sharī‘ah framework, the research formulates a tri-theoretical inquiry into reciprocity, rationality, and moral responsibility in marital relationships. Employing a qualitative field approach at the Legal Aid Post (Posbakum) of the Jember Religious Court, data were collected through interviews, observation, and document analysis and examined using the Miles–Huberman interactive model. The findings reveal that divorce decisions are frequently triggered by an absence of appreciation and emotional reciprocity within the household—wives’ failure to express gratitude, provide motivation, or offer constructive support during economic hardship. In Homans’ framework, such an absence reflects the breakdown of success, stimulus, and value propositions. Within the logic of Weberian zweckrational action, divorce emerges as a deliberate, instrumentally rational decision. From the maqāṣid al-sharī‘ah perspective, appreciation and mutual support constitute ḍarūriyyāt essential to marital harmony, while ṭalāq remains a legitimate prerogative of the husband (qawwām) only when exercised with ethical and legal responsibility.

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