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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 23 Documents
 1   2   3 
Islamic Personality Principles in Religious Justice Mely Khoironi Syafaat
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 3 No 1 (2026): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/dmgpcn72

Abstract

Religious courts in Indonesia were established to serve the legal needs of Muslims, especially in family and inheritance matters. The application of the principle of Islamic personality is the main principle in determining the jurisdiction of the Religious Court, which means that it only applies to individuals who are Muslim. This article analyzes the normative basis, history of formation, and application of the principle of Islamic personality in the practice of religious justice in Indonesia. The research method used is juridical-normative through literature study and analysis of laws and regulations such as Law Number 7 of 1989 concerning Religious Courts and its amendments, the Compilation of Islamic Law, and Supreme Court jurisprudence. The results of the study show that this principle provides legal certainty and protection for the applicability of Islamic law for Muslims. Nevertheless, challenges remain in the context of legal pluralism and dual citizenship status that require further harmonization.
Childfree in Muslim Families: A Comparative Study of Maqaṣid al-Syari’ah and Modern Reproductive Rights Ahmad Khotim
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 3 No 1 (2026): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/6zj6y382

Abstract

The discourse of childfree, a conscious decision by married couples to remain childless throughout their marriage, has shifted from a mere private choice to a global ideological movement challenging traditional family structures, including within the Muslim family landscape. This study aims to comparatively dissect the dialectic between the concept of childfree in Muslim families through two conflicting paradigms: Maqaṣid al-Syarī’ah (specifically the pillar of ḥifẓ al-nasl ) and the doctrine of Modern Reproductive Rights (bodily autonomy). The research method used is a juridical-normative approach with a comparative approach and a philosophical approach. The results of the study indicate a deep epistemological gap. Modern Reproductive Rights places individuals as the absolute owners of their bodies (anthropocentric), thus giving rise to absolute freedom to refuse procreation. In contrast, Maqaṣid al-Syarī’ah views reproduction within a theocentric framework, where the body and offspring are divine trusts oriented towards the public good (maṣlaḥah ‘ammah) and the preservation of civilization. This study concludes that the concept of voluntary childfree without medical excuse is rejected by the consensus of Maqaṣid al-Syarī’ah because it reduces the main essence of marriage, but in the corridor of positive law, it is in the area of ​​​​the unavailability of formal sanctions (rechtsvacuum), so its enforcement rests on strengthening the legal culture of Muslim society.
Marriage Guardianship Law in Iraq Before and After Legislative Amendments Nur Fitrah Al Haqqi
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 3 No 1 (2026): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/ej9tfy34

Abstract

Marriage guardianship is one of the pillars of marriage whose position is debated, because the four Sunni mazhab of thought and the Ja’fari mazhab (Shia Ithna Asyariyah) position it differently. Iraq is an interesting study because since 1959 this country has attempted to unify these doctrinal differences into one law, namely Qanun al-Ahwal al-Syakhsiyyah Number 188, which was drafted during the reign of Abd al-Karim Qasim with the active involvement of the Iraqi women’s movement. This study aims to examine the shift in the position and authority of marriage guardianship in Iraq at three legal moments, namely the original law of 1959, the 1963 amendment after the Baath Party coup, and the 2025 amendment that gave the option for Iraqi Moeslems to submit to the codification of family law of the Shia Ithna Asyariyah. Using normative-qualitative methods through legislative analysis and comparative legal studies, this study finds that the 1959 law limits the coercive power (ijbar) of guardians and places the validity of marriages under the supervision of state courts, the 1963 amendment restores some of the guardian’s authority in marriage matters, while the 2025 amendment introduces a parallel legal pathway that allows guardian/religious figure authority to operate with looser judicial oversight. These shifts are then compared with the regulation of marriage guardianship in Indonesia under Law Number 1 of 1974 as amended by Law Number 16 of 2019 and the Compilation of Islamic Law, to draw lessons on how modern states can codify marriage guardianship without sacrificing legal protection for women.

Page 3 of 3 | Total Record : 23

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