cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ali Audah
Contact Email
jurnalmawaddah@gmail.com
Phone
+62819842880
Journal Mail Official
jurnalmawaddah@gmail.com
Editorial Address
Jl. Ngoro-Kandangan KM 3 PA Rejoagung, Kec. Ngoro, Kab. Jombang, Provinsi Jawa Timur 61473
Location
Kab. jombang,
Jawa timur
INDONESIA
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah)
Published by STAI At-Tahdzib
ISSN : 3063430X     EISSN : 30631793     DOI : 10.61181
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) is a peer-reviewed journal that focuses (not limited) on critical studies of Islamic studies and family law. Contains research results, surveys, academic works and focuses on the development of studies on family law issues. This journal is published by the Institute for Research, Development and Community Service (LP3M) Sekolah Tinggi Agama Islam At-Tahdzib (STAIA), Rejoagung, Ngoro, Jombang, East Java, Indonesia. Published every June and December in one year as a scientific responsibility and the embodiment of the Tri Dharma of Higher Education.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 2 No 2 (2025): Al-Mawaddah" : 5 Documents clear
Matrilineal Marriage Tradition: A Study of the Customary Law of “Women Buying Men” in Padang Pariaman Fadilah, Kurniawan Agung
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 2 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/93dswa46

Abstract

Bajapuik is one of the traditions of women buying men, the marriage practice of the Minangkabau people who adhere to the matrilineal kinship system, especially in the Padang Pariaman area. Women’s traditions have a dominant role, in the economic aspect and the determination of the social status of the family. This study aims to examine the existence of customary law that governs these practices, as well as how local cultural values are maintained amid the influence of modernity. Through a descriptive qualitative method approach by interviewing directly from relevant sources who have implemented the custom, this study found that the practice is still carried out with certain adaptations, and has implications for social relationships, inheritance rights, and family structure. The results of this study show that the law of adat in Padang Pariaman is dynamic and able to adapt without abandoning the core values of matrilineal culture.
Similarities and Differences: Inheritance Distribution in Balinese Customary Law Perspective of Islamic Law Syafaat, Mely Khoironi
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 2 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/jpkkjk47

Abstract

In the context of plurality of laws in Indonesia, Islamic inheritance law and Balinese customary inheritance law show fundamental differences but also interesting meeting points to study. Balinese customary laws rooted in traditional values and patrilineal kinship systems tend to place men as the primary heirs. Meanwhile, Islamic inheritance law which is sourced from the Qur’an and Hadith emphasizes the principles of justice, balance, and legal certainty that give rights to all legal heirs, including women. In a society that continues to undergo social change, the interaction between these two legal systems creates complex dynamics, especially in terms of the implementation of inheritance distribution. This article aims to identify and analyze the similarities and differences between Balinese customary inheritance law and Islamic inheritance law, both in terms of basic principles, inheritance structure, and practice in the field. The research method used is a qualitative approach with a literature study, which includes analysis of primary and secondary legal sources. The results of the study show that although there are significant differences in terms of the hereditary system and the position of women as heirs, they have similarities in upholding family values and social responsibility. I hope that the results of this writing can contribute to the development of national inheritance laws that are responsive to cultural diversity and religious norms in Indonesia, as well as encourage the creation of a harmonious, fair, and contextual legal system for multicultural societies.
The Basic Concept of Proceedings in Religious Courts: Sharia Perspectives and Positive Law Batul, Fatimatuz Zahroil
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 2 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/32xvzn53

Abstract

This research examines the fundamental concepts of legal proceedings in Indonesian religious courts through the perspectives of sharia and positive law. The main issue studied is how to harmonize these two legal systems in religious court practice. The research method uses a normative juridical approach with comparative analysis of Islamic legal sources and Indonesian legislation. The research findings show that the concept of legal proceedings from a sharia perspective is based on the principles of justice (‘adl), transparency (syafāfiyyah), and public interest (maṣlaḥah) sourced from the Qur’an and Hadith. Meanwhile, Indonesian positive law applies the principles of contradictory proceedings, publicity, and dispositional nature sourced from Herziene Indonesisch Reglement (HIR) and the Rechtsreglement voor de Buitengewesten (RBg). Although there are similarities in the principles of justice and evidence procedures, fundamental differences are found in legal sources, philosophical approaches, and procedural flexibility. Harmonization is achieved through the adoption of peace principles (islah) and sharia evidence systems within the civil procedural law framework. This research recommends the need for reformulation of religious court procedural law that integrates sharia values with the national legal system to achieve legal certainty and substantive justice.
Reconstruction of Marriage Dispensation Regulation in the Ethic Perspective of Care Yayat Dimyati
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 2 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/yw5a8j27

Abstract

This study aims to reconstruct the regulation of marriage dispensation in Indonesia through the perspective of Ethic of Care which emphasizes the value of care, empathy, and moral relationships in legal decision-making. The marriage dispensation regulation contained in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 and Supreme Court Regulation (Perma) Number 5 of 2019, basically seeks to protect children from the practice of early marriage. However, in practice, many dispensation decisions are still oriented towards legal formalism and socio-economic considerations alone, not in the best interest of the child. Through the Ethic of Care approach, this research offers a new paradigm that places affective, relational, and moral aspects as the basis for consideration by judges and policymakers in determining the marriage dispensation. This approach is expected to strengthen child protection while building a more humanistic and contextual legal policy. Thus, this study concludes that the Ethic of Care can be a new ethical and philosophical foundation for family law reform in Indonesia, especially in the context of marriage dispensation. This paradigm places law not just as a system of state orders, but as a means of maintaining life (caring justice). Care-based reconstruction will strengthen the protective function of the law against girls, who have often been victims of early marriage practices due to cultural or social pressures. Finally, the implementation of Ethic of Care in the regulation of marriage dispensation is expected to be able to give birth to a family law system that is more substantive justice, responsive to human values, and morally civilized. This paradigm not only corrects the weaknesses of legal formalism, but also restores the function of law as an instrument that hears, understands, and cares for human lifeso that every legal decision is not only juridically valid, but also ethically and humanly correct.
Praktik Menunda Perkawinan Sebab Menuntut Ilmu Perspektif Maslahat dan Mafsadah Syaifuddin, Ahmad Masruh; Latifah, Hanik
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 2 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/qzg8vg98

Abstract

This study aims to examine the practice of delaying marriage among santri (Islamic boarding school students) at Pesantren At-Tahdzib Jombang through the lens of Islamic law. This phenomenon arises from the students’ conscious choice to prioritize the pursuit of knowledge—both formal and informal—before entering marital life. The research employs a qualitative approach with a case study method. Data were collected through in-depth interviews with eight unmarried santri aged 21 to 28, and analyzed using the Islamic legal principles of maslahat (benefit) and mafsadah (harm). This research employs a qualitative approach using a case study method. The study was conducted at Pesantren At-Tahdzib Jombang. Data were collected through in-depth interviews with eleven selected santri and pesantren administrators aged 21 to 28 who were unmarried. Participants were purposively chosen based on their experience in delaying marriage for the sake of pursuing religious education. The data were analyzed descriptively using the Islamic legal principles of maslahat (benefit) and mafsadah (harm). The study concludes that delaying marriage for the sake of seeking knowledge is justifiable in Islamic law, provided it is based on sincere intentions and accompanied by self-discipline. Such postponement is a conscious effort to achieve greater long-term benefits, both personally and socially.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 2 No 2 (2025): Al-Mawaddah Vol 2 No 1 (2025): Al-Mawaddah Vol 1 No 2 (2024): Al-Mawaddah Vol 1 No 1 (2024): Al-Mawaddah