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Ali Audah
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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 20 Documents
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Ruwat sukerta: Strengthening Muslim Family Resilience Through Preserving Local Culture Suraiya, Ratna; Jauhari, Nashrun; Wandoyo, Vierda Anggraini; Chodir, Fatkul
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 1 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.V2i1.510

Abstract

The purpose of this study was to reveal the wisdom value of ruwat sukerta in the Javanese marriage tradition that still survives today. Ruwat sukerta is still believed to be able to prevent married couples from bad luck and is able to create a harmonious family. The subjects of the study were the semi-urban Muslim community in Sampangagung Village, Kutorejo, Mojokerto. The research analysis used Clifford Geertz’s symbolic interpretation theory and Zainab al-’Alwani’s Muslim family resilience theory. This field research used a qualitative approach with descriptive data presentation. The results of the study: (1) Ruwat sukerta in the Javanese Muslim community is still practiced and has shifted from traditional rites to religious ceremonies in the form of a walimah procession (a wedding celebration held after the marriage contract), wedding reception, thanksgiving and joint prayer; (2) The practice of ruwat sukerta still represents local wisdom that can encourage the realization of Muslim family resilience in strengthening the legal basis of marriage, economic resilience, psychological resilience, and socio-cultural resilience of the family.
Validity of Biological Father Marrying Daughter Resulting from Adultery: Perspective of Nahdlatul Ulama and Muhammadiyah Moh. Subhan
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 1 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.V2i1.511

Abstract

This study explores the validity of marriage between a biological father and his illegitimate daughter according to the two largest Islamic organizations in Indonesia: Nahdlatul Ulama (NU) and Muhammadiyah. NU’s marriage opinion uses Shafi’i jurisprudence that a biological father has no blood relationship with a child from an extramarital affair, so marriage is permissible. However, they withdrew this practice in the bahtsul masail decision because it is contrary to the public interest, and the principle of harm related to children. On the other hand, Muhammadiyah firmly rejects the validity of marriage on the grounds that there is a biological kinship relationship. This gives rise to a mahram relationship. Muhammadiyah also base their opinion on the maqasid sharia and legal recognition in the Constitutional Court Decision No. 46/PUU-VIII/2010. This study uses a normative juridical method with a conceptual and descriptive-analytical approach. The findings of this study indicate a lack of specific and fair regulations aimed at fulfilling the rights of illegitimate children within the framework of family law in Indonesian Islamic law.
Philosophy and Greek Philosophy on Marriage Dispensation: Normativity and Historicity Dimyati, Yayat; Latifah, Hanik
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 1 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.V2i1.514

Abstract

The study examines the relationship between Islamic and Greek philosophy to understand the concept of marriage dispensation, with an interdisciplinary approach that emphasizes two main aspects: normativity and historicity. Marriage dispensation is understood as a form of legal exception that allows marriage below the ideal age based on considerations of welfare. Marriage dispensation is not just a legal policy, but a reflection of the meeting between rationality, ethics, and responses to social reality. Greek philosophy, especially in the thoughts of Plato and Aristotle, views marriage as part of a social structure that plays an important role in achieving moral virtue and social order. Marriage is based on the principles of natural law and teleology. Everything is directed to achieve noble and rational goals. Marriage in Islamic philosophy, especially according to Al-Farabi, Ibn Sina, and Al-Ghazali, adopts many aspects of Greek philosophy, but by integrating elements of revelation, spiritual values, and the framework of sharia into thought. One of the main pillars in Islamic legal philosophy that is the meeting point between rationality and religious norms is maqāṣid al-syarīʿah, namely the theory of the objectives of Islamic law which include protection of religion, soul, mind, descendants, and property. Marriage dispensation can be seen as an effort to fulfill the objectives of Islamic law when ideal conditions are not met. Through a historical approach, this study traces the path of intellectual transmission from Greece to the Islamic world and how philosophical thought was transformed in the context of Islamic law. While normatively, this study shows that Islamic philosophy does not only passively inherit Greek ideas, but actively adapts them to divine values. The results of this study confirm that the philosophical approach to marriage dispensation has great potential in strengthening Islamic legal reform to be more adaptive, rational, and ethical amidst contemporary social dynamics.
Relevance of ‘urf to Mahar: The Marriage Traditions of the Buton Tribe Maulana, Adri
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 1 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.V2i1.518

Abstract

The tradition of determining the dowry in traditional Butonese marriage reflects the strong relationship between local cultural values ​​and the application of Islamic Law. Custom (‘urf) in determining the amount of dowry are often influenced by social class. The relationship between the traditional practice of determining the amount of the dowry and social class is studied from the perspective of Ushul Fiqh, especially rules of ‘urf shahih and maqāṣid al-syarī’ah. Data was obtained from literature study and analysis of customary norms. The results of the study show that the application of dowry adjustments according to social status can be justified as long as it does not conflict with the principles of justice and does not cause harm. ‘Urf functions as a source of contextual law and can strengthen sharia values ​​if it is regulated by taking into account benefits. The results of the study are discussed in the context of preserving cultural traditions in Buton which is in accordance with the main objectives of Islamic Law.
Principles of Ownership and Distribution of Mining Products in the Perspective of Islamic Law: A Historical Review of the Time of the Prophet Muhammad SAW Khotim, Ahmad
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 2 No 1 (2025): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.V2i1.519

Abstract

This study examines the ownership and management of mines during the era of the Prophet Muhammad SAW. The method used in this study is qualitative by analyzing literature from Islamic historical sources, such as book documents, articles published in journals, texts of verses and hadiths of Islamic teachings, and others. The findings of this study indicate that the Prophet Muhammad SAW established basic steps in natural resource management, including mining, which are based on the principles of justice, benefits for society, and environmental protection. The summary of this study is that the mining management policy during the time of the Prophet Muhammad SAW can be a reference in sustainable and fair natural resource management today.
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 2 of 2 | Total Record : 20

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