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Habib Sulthon Asnawi
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INDONESIA
Journal of Islamic Mubādalah
Published by Brajamusti Publication
ISSN : -     EISSN : 3063587X     DOI : 10.70992
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
Journal of Islamic Mubadalah merupakan jurnal kajian interdisipliner yang bersifat akses terbuka dan terbit dua kali setahun (Juni dan Desember). Artikel kajian interdisipliner yang terbit dalam Journal of Islamic Mubadalah menekankan analisis Mubadalah (saling menguntungkan), hubungan manusia yang setara, dan menegakkan keadilan gender. Isu kajian Mubādalah tidak terbatas pada kajian hubungan suami istri dalam rumah tangga saja, tetapi juga seluruh anggota keluarga seperti hubungan orang tua dan anak atau kajian hubungan keluarga dan masyarakat (domestik dan publik). Journal of Islamic Mubadalah menyediakan sarana untuk diskusi berkelanjutan tentang isu-isu relevan yang menjadi fokus dan cakupan jurnal ini yang dapat dikaji secara empiris. Jurnal ini menerbitkan artikel penelitian yang mencakup seluruh aspek kajian (kajian interdisipliner) tentang Mubādalah (saling menguntungkan), hubungan manusia yang setara, dan menegakkan keadilan gender. Isu-isu kajian Mubadalah tidak terbatas pada kajian tentang hubungan suami istri dalam rumah tangga, tetapi juga seluruh anggota keluarga seperti hubungan orang tua dan anak atau kajian tentang hubungan keluarga dan masyarakat (domestik dan publik). Beberapa isu kajian yang dapat dipublikasikan antara lain: Politik Mubadalah; Ekonomi Mubadalah; Peran Perempuan dalam Pendidikan; Peran Perempuan dalam Tradisi Adat Lokal; Kepemimpinan (Qiwamah) dalam Perspektif Mubadalah; Gerakan Ulama Perempuan; Reformasi Hukum dalam Perspektif Mubadalah; Mubadalah dalam Pola Pengasuhan Anak; Mubadalah dalam Konteks Seksual; Mubadalah dalam Rumah Tangga.
Arjuna Subject : Umum - Umum
Articles 30 Documents
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Dynamics of Regulatory and Policy Changes in Child Custody in Indonesia and Malaysia: A Comparative Analysis in Responding to Modern Family Issues Muhammad Azhad Al-Bohari
Journal of Islamic Mubadalah Vol. 2 No. 2 December (2025)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/743j3e88

Abstract

This study discusses the dynamics of child custody policies in Indonesia and Malaysia in the face of modern family challenges, such as divorce, mixed marriages, single-parent families, and the increasingly dominant role of women. Both countries have legal system that combine civil law and religious law, which often create tensions in the implementation of child custody rights. The study analyzez the influence of globalization and international human rights standars, particularly the UN Convention on the rights of the child, on these policies, as well as the challenges in integrating international principles with domestic law. Tha research method used is a literature study with a comparative analisys, gathering data form journal, books, policy document, and relevant online sources regarding child custody regulations in Indonesia and Malaysia. The result show that although both countries have ratified the UN Convention on the Rights of the Child, its implementation still faces obstacles due to differences in legal system and social norms. In Indonesia, religious law is more dominant in determining child custody, while in Malaysia, there is a dual legal system between civil and sharia law. However, there are opportunities to strengthen child custody policies that are more inclusive and responsive to modern families by involving courts, social institutions, and the government. The study concludes that to unsere optimal child protection, both countries need to align their policies with international standars and be more sensitive to the social changes occurring within modern families.
A Mubādalah Based Legal–Cultural Model of Mak Dijuk Siang in the Lampung Pepadun Megou Pak Community for Strengthening Family Resilience in Indonesia M. Anwar Nawawi; Chalawah Ummy Sa’diyah
Journal of Islamic Mubadalah Vol. 2 No. 2 December (2025)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/xqrw3986

Abstract

This article examines the application of customary law regarding the prohibition of divorce (Mak Dijuk Siang) within the Lampung Pepadun customary community, where this norm functions as a mechanism for resolving household conflict. The central issue arises from indications that the prohibition generates marital disharmony by limiting the range of conflict-resolution options available to couples. The purpose of this article is to analyze (1) how Mak Dijuk Siang is implemented as a binding customary norm, (2) its social and emotional implications for family stability, and (3) the formulation of a culture law integration model grounded in the principle of reciprocity. Employing a qualitative, socio-legal approach informed by the mubādalah framework, the study finds that Mak Dijuk Siang is enforced through nuwo adat, family deliberation, and formal customary mediation, reflecting the moral values of pi’il pesenggiri. While this rule reinforces social cohesion, it may simultaneously intensify domestic tensions. The integration of mubādalah ethics offers a more equitable reinterpretive model that strengthens family resilience. The recommendations call for improving customary institutional policies and enhancing the role of traditional leaders so that dispute-resolution mechanisms become more protective, reciprocal, and oriented toward sustaining family wellbeing. 
Reformulating the Concept of Nusyuz in Malaysian Islamic Family Law: A Mubadalah-Based Gender Justice Analysis in Malaysian Islamic Family Law Wan Abdul Rahim Bin Wan Abd Aziz; Achmad Faishal
Journal of Islamic Mubadalah Vol. 2 No. 2 December (2025)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/5wj72143

Abstract

This article reexamines the legal construction of nusyuz within Malaysian Islamic Family Law. The formulation that positions obedience as a unilateral obligation of the wife generates serious concerns related to gender hierarchy and directly affects women’s rights to maintenance, protection, dignity, and access to justice. The study aims to evaluate gender bias in both the legal definition and judicial application of nusyuz, while proposing an alternative framework based on the Mubadalah hermeneutical theory, which emphasizes reciprocity, shared responsibility, and egalitarian family relations. This study employs a qualitative normative legal method with a comparative approach to examine Islamic family law enactments across several states in Malaysia, analyzed through the framework of the theory of mubādalah. The novelty of this research lies in the application of the mubādalah perspective as an analytical framework to articulate principles of reciprocity and justice in Islamic family law. The research results found that reduction of nusyuz into a one-sided duty imposed on women not only reinforces unequal power relations but also undermines legal protection for women in situations of domestic conflict. Through the Mubadalah perspective, this article proposes the reformulation of nusyuz as a bilateral legal category grounded in moral and legal reciprocity. Recommendations include legislative revision, the development of more equitable judicial guidelines, and the integration of reciprocal principles into future reforms of Malaysian Islamic family law.
Human–Nature Imbalance in Sumatera Ecological Disasters: Mubādalah as a Framework for a Just and Sustainable Ecological Model Iskandar; Abu Yazid Abu Bakar; Hakis
Journal of Islamic Mubadalah Vol. 2 No. 2 December (2025)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/1sf7vm73

Abstract

Ecological disasters in Sumatra, including flash floods and landslides, demonstrate a profound imbalance in human–nature relations resulting from upstream watershed degradation and development practices that disregard ecological carrying capacity. This article aims to identify the forms of this imbalance, analyze them through the framework of mubādalah, and propose an applied ecological model that is both just and sustainable for national environmental governance. The novelty of this study lies in extending mubādalah as an ethic of reciprocity beyond interpersonal relations to encompass the human–nature nexus, positioning nature as a relational subject rather than a passive object. Employing a qualitative–analytical approach, the study draws on literature reviews, disaster reports, and Islamic ecological scholarship. The analysis integrates reciprocity-based ecological theory and ecological spatial-planning frameworks. The findings indicate that the failure to cultivate reciprocal relations with nature exacerbates disaster risks and weakens community resilience. Consequently, the study argues for the importance of a reciprocity-oriented ecological paradigm that recognizes nature as a partner in development. Recommendations include strengthening reciprocity-based mitigation policies, advancing upstream landscape rehabilitation, and integrating the ethical principles of mubādalah into environmental governance and education as a response to the increasing frequency of ecological disasters at the national level.
Reconstructing Egalitarian Relations between Men and Women through a Critique of Misogynistic Interpretations of Qur’anic Verses from the Perspective of Mubādalah Wan Rafiqul A’ala binti Mohd Rashid; Erina Pane; Akhmad Junaedi
Journal of Islamic Mubadalah Vol. 3 No. 1 June (2026)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/g74py533

Abstract

This article examines the problem of interpretive bias in Qur’anic verses concerning relations between men and women, which often shapes gender hierarchy in the family, religious education, and Indonesian Muslim social discourse. The study aims to analyze hierarchical interpretive patterns regarding qawwāmūn, darajah, women’s testimony, and polygamy; explain their implications for the construction of gender relations; and formulate an applicable interpretive model based on mubādalah. This article is a qualitative library-based study employing a thematic-critical tafsir approach. Primary sources include gender-related Qur’anic verses, classical and modern exegesis, and Faqihuddin Abdul Kodir’s Qirā’ah Mubādalah, whereas secondary sources consist of journal articles, academic books, and studies on Islamic family law. The analysis applies mubādalah theory through the principles of reciprocity, justice, public welfare, shared responsibility, and human dignity. The novelty of this article lies in integrating tafsir criticism, Indonesian socio-religious analysis, and an applicable reconstruction model. The findings demonstrate that interpretive bias emerges when verses are detached from their context and moral objectives. The article contributes to policy reform in religious education, preaching, family guidance, and gender-just Islamic family law.
Reconstructing Abusive Guardianship through a Mubādalah-Based Child Protection Prototype: A Comparative Study of State Intervention in Indonesia and Malaysia Muhammad Irfan Bin Mohd Nasruddin; Yayan Indriana
Journal of Islamic Mubadalah Vol. 3 No. 1 June (2026)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/jkr83546

Abstract

This article examines abusive guardianship in cases of sexual violence against children, in which parents or guardians who are supposed to provide protection instead become sources of threat to the victim’s safety. Its objectives are to analyze the revocation of guardianship in Indonesia, compare it with child protection mechanisms in Malaysia, formulate a child protection model based on mubādalah, and develop the MAPAN-Mubādalah Prototype. This study employs a qualitative method using a socio-legal case study design and a comparative approach. Primary data were obtained through interviews, observations, and documentation, while secondary data were derived from court decisions, Indonesian and Malaysian regulations, Islamic family law literature, and child protection documents. The analysis draws on mubādalah, maṣlaḥah mursalah, and law as a tool of social engineering. The findings indicate that the revocation of guardianship reconstructs the authority of the guardian into a mandate of protection; the comparison between Indonesia and Malaysia underscores the importance of cross-institutional state intervention; the child protection model must integrate victim recovery, restrictions on guardianship authority, and state responsibility; and the MAPAN-Mubādalah Prototype offers a framework for detection, risk assessment, intervention, safe caregiving, monitoring, and policy reform. This article recommends technical guidelines, risk assessment, and institutional coordination to strengthen sustainable child protection policy reform in both Muslim-majority countries.
Beyond Reconciliation: A Mubādalah-Based Victim-Centred Legitimacy Test for Islāḥ and Restorative Justice in Indonesian Domestic Violence Cases Radin Ahmad Taufik Salikin Izaddin; Vivi Purnamawati
Journal of Islamic Mubadalah Vol. 3 No. 1 June (2026)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/q7kjzf49

Abstract

Domestic violence (DV) is frequently resolved through reconciliation, either within the framework of restorative justice or through the concept of iṣlāḥ, owing to its occurrence within ongoing personal and familial relationships. However, reconciliation is not always a neutral mechanism; it may function as an instrument of coercion against victims when conducted under conditions of economic dependency, psychological trauma, social stigma, and unequal power relations. This study examines the normative boundaries of integrating iṣlāḥ, restorative justice, and mubādalah theory in the resolution of domestic violence cases by positioning victim protection as the primary parameter of legitimacy. The research employs a normative legal method using conceptual and statutory approaches, analyzing Law No. 23 of 2004 on the Elimination of Domestic Violence, restorative justice regulations, judicial decisions, and Islamic legal literature concerning iṣlāḥ, maṣlaḥah, maqāṣid al-sharī‘ah, and mubādalah. The findings demonstrate that iṣlāḥ should not be construed as a moral obligation to preserve the family unit at all costs; rather, it constitutes a conditional mechanism that must be aligned with the principles of reciprocity, relational justice, victim safety, autonomy, and voluntariness. This article proposes a victim-centred mubādalah-based legitimacy test comprising risk assessment, independent assistance, informed written consent, offender accountability, and institutional oversight to prevent revictimization. This framework may serve as a practical guideline for judges, mediators, law enforcement officials, and victim-support institutions involved in domestic violence cases.
Reconstructing Family Visitation for Incarcerated Women through Family Time: A Mubādalah-Based Model of Relational Justice in Indonesia Hasnizam Hashim; Iffatin Nur; Sri Rahayu
Journal of Islamic Mubadalah Vol. 3 No. 1 June (2026)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/7d5pqx40

Abstract

This study examines the limitations of family visitation services for incarcerated women in correctional institutions in Lampung Province through the perspectives of relational justice and mubādalah. The central problem arises from the 15–30 minute visitation duration, which tends to be treated as an administrative procedure, although family visits play a crucial role in maintaining mother-child relations, marital relations, psychological stability, and readiness for social reintegration. This study aims to analyze the impact of limited visitation, explain family relations through the framework of mubādalah, and formulate a service model based on family time. The study employs a qualitative approach with an empirical juridical and multidisciplinary design. Data were obtained through in-depth interviews with 42 incarcerated women, supporting interviews with correctional officers, observation, and document study, and were analyzed using thematic analysis. The findings indicate that short visits weaken family communication, increase emotional burdens, and hinder relational recovery. This article offers a structured, just, gender-sensitive reconstruction of family time services that is relevant to the development of Islamic family law and more humane correctional policy. The article contributes by conceptualizing visitation as a space of mutuality that connects prisoners’ rights, family protection, rehabilitation, and state responsibility within Indonesia’s correctional system in a more concrete, just, measurable, and sustainable manner.
Human Dignity, State Punishment, and Reciprocal Justice: A Comparative Mubādalah Perspective from Indonesia and South Korea Zuliza Mohd Kusrin Rashi; Muhammad Rujaini Tanjung
Journal of Islamic Mubadalah Vol. 3 No. 1 June (2026)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/rxg14q66

Abstract

This article examines how human dignity, state punishment, and reciprocal justice shape death penalty policies in Indonesia and South Korea, despite both countries being States Parties to the International Covenant on Civil and Political Rights (ICCPR). This study aims to explain why comparable constitutional commitments and international legal obligations have produced divergent death penalty policies by employing a comparative socio-legal approach informed by the Mubādalah perspective. The study adopts a qualitative research design integrating Retentionism–Abolitionism Theory, International Human Rights Norm Diffusion Theory, Legal Implementation Theory, and the Mubādalah perspective. Data were obtained from national legislation, constitutional court decisions, international human rights instruments, reports published by human rights organizations, and scholarly literature. The findings show that Indonesia continues to maintain a retentionist framework despite the suspension of executions since 2016, whereas South Korea has developed a de facto abolitionist practice reflecting the internalization of the right-to-life norm. This study affirms that the legitimacy of the death penalty should be assessed on the basis of legal validity, reciprocal recognition of human dignity, proportional state authority, and balanced justice. The Mubādalah perspective enriches the study of comparative criminal law and international human rights law.
Gendered Political Exclusion and Democratic Inequality: Reframing Women’s Leadership through a Mubādalah Perspective Mahmoud Mohamed Ali Mahmoud Edris; Miranti; Baidar Mohammed Mohammed Hassan
Journal of Islamic Mubadalah Vol. 3 No. 1 June (2026)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/tqayq296

Abstract

The underrepresentation of women in politics continues to reflect the enduring influence of patriarchal culture, which shapes gendered political exclusion and undermines the quality of inclusive democracy. This article aims to analyze the structural, cultural, and institutional barriers that contribute to the low representation of women in parliament and government while reconstructing women’s leadership through the perspective of Mubādalah as an ethical-reciprocal approach to democratic equality. This study employed a qualitative method using a socio-legal research design based on library research and was supported by empirical data obtained through interviews, observations, policy documentation, and reports from national and international institutions. The research adopted the perspectives of political feminism, gender-based power relations theory, and the Mubādalah framework. Data sources were derived from state regulations, political reports, election results, and interviews with female political actors in Lampung. The findings indicate that cultural bias, weak support from political parties, and stereotypes concerning competence reinforce the marginalization of women within political spaces. This article recommends strengthening affirmative policies, implementing internal party reforms, promoting gender-sensitive political education, and integrating the values of Mubādalah into democratic governance. These findings affirm that democratic inequality is not a natural phenomenon; rather, it is produced through patriarchal power relations that are institutionally legitimized both socially and politically.

Page 3 of 3 | Total Record : 30

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