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Journal of Nafaqah
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 3062746X     DOI : 10.62872/swg9mc07
Core Subject : Religion, Education, Social,
Religion Law, Crime, Criminology & Criminal Justice Other
Journal of Nafaqah (JON) is a peer-reviewed open access international journal established for the dissemination of cutting-edge knowledge in the Islamic family law. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a double-blind review process. This is done to ensure the quality of manuscripts published in the journal.
Arjuna Subject : Umum - Umum
Articles 13 Documents
 1   2 
Protection of Women's Rights in Marriage According to Islamic Family Law: An Analysis of Contemporary Cases Rosmaria Rosmaria
Journal of Nafaqah Vol. 1 No. 1 (2024): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5txs1k30

Abstract

This research discusses the importance of taking into account the interests of children in the context of divorce from the perspective of Islamic family law. In divorce, children are often the vulnerable parties and are often direct witnesses to their parents' conflict, which can adversely affect their well-being physically, emotionally and psychologically. Although Islamic family law provides clear guidelines on children's rights, its implementation in practice is often complex and influenced by cultural, social and economic factors. This article explores how children's interests can be preserved and prioritized in the resolution of divorce conflicts according to Islamic family law, as well as the challenges and obstacles faced in implementing these principles. The research methods used include literature review, case studies, interviews and document analysis. The results of this research are expected to provide a more comprehensive understanding of how children's interests are championed in divorce from an Islamic family law perspective, as well as provide a stronger foundation for the development of legal policies and practices that favor the protection and welfare of children.To fulfill the objectives of this research, a qualitative method was used involving in-depth analysis of Islamic legal literature, case studies, interviews, and document analysis. The results of this research include an in-depth understanding of children's interests, analysis of legal practices, identification of challenges and barriers, recommendations for policy and practical action, contribution to academic literature, raising public awareness, developing a model approach based on child welfare, and influence on public policy. In conclusion, this research makes a significant contribution to understanding and protecting children's interests in divorce from an Islamic family law perspective, and provides direction for policies and practices that are more responsive to the protection and welfare of children.
Examining Children's Interests in Divorce Conflict Resolution from an Islamic Family Law Perspective Iin Rahayu
Journal of Nafaqah Vol. 1 No. 1 (2024): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fcgqy729

Abstract

This research discusses the importance of taking into account the interests of children in the context of divorce from the perspective of Islamic family law. In divorce, children are often the vulnerable parties and are often direct witnesses to their parents' conflict, which can adversely affect their well-being physically, emotionally and psychologically. Although Islamic family law provides clear guidelines on children's rights, its implementation in practice is often complex and influenced by cultural, social and economic factors. This article explores how children's interests can be preserved and prioritized in the resolution of divorce conflicts according to Islamic family law, as well as the challenges and obstacles faced in implementing these principles. The research methods used include literature review, case studies, interviews and document analysis. The results of this research are expected to provide a more comprehensive understanding of how children's interests are championed in divorce from an Islamic family law perspective, as well as provide a stronger foundation for the development of legal policies and practices that favor the protection and welfare of children. To fulfill the objectives of this research, a qualitative method was used involving in-depth analysis of Islamic legal literature, case studies, interviews, and document analysis. The results of this research include an in-depth understanding of children's interests, analysis of legal practices, identification of challenges and barriers, recommendations for policy and practical action, contribution to academic literature, raising public awareness, developing a model approach based on child welfare, and influence on public policy. In conclusion, this research makes a significant contribution to understanding and protecting children's interests in divorce from an Islamic family law perspective, and provides direction for policies and practices that are more responsive to the protection and welfare of children.
Implications of Islamic Inheritance Law for the Ownership of Assets and Management of Family Wealth: An Indonesian Perspective Dwi Siyamsih
Journal of Nafaqah Vol. 1 No. 1 (2024): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n2c3ba40

Abstract

The implementation of Islamic inheritance law in Indonesia faces complex challenges, particularly in the management of family wealth. Despite a strong legal foundation, practices often diverge due to various economic, social, and cultural factors. Factors such as local traditions, diverse religious understandings, and economic conditions influence the application of Islamic inheritance law. This research aims to delve into the implications of Islamic inheritance law on property ownership and family wealth management in Indonesia. Using a qualitative approach, including literature study and in-depth interviews, the study will analyze factors affecting the implementation of Islamic inheritance law. Thematic analysis will identify patterns and relationships, ensuring a comprehensive understanding. Data validation will ensure reliability. The research intends to contribute to policy development by providing insights into Islamic inheritance law's practical implications, fostering a better understanding of Islamic principles and ensuring fairness in inheritance distribution and wealth management.
The Role of Qanun in the Implementation of Islamic Family Law in Sharia-Based Countries: Challenges and Opportunities Fadhilah Fadhilah
Journal of Nafaqah Vol. 1 No. 1 (2024): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/e91k2e60

Abstract

This study aims to explore the role of qanun in the implementation of Islamic family law in sharia-based countries, as well as identify the associated challenges and opportunities. Qualitative research methods were used by conducting in-depth interviews with relevant stakeholders, analysis of legal documents, and direct observation of the implementation process of Islamic family law through qanun. The results showed that qanun has an important role as a local legal instrument that reflects the values, norms, and demands of the community. However, qanun implementation is also faced with a number of challenges, including incompatibility with human rights standards and differences in interpretation between religious authorities and positive law. Nonetheless, there are opportunities to improve the implementation of Islamic family law through qanun, such as updating qanun to ensure fairness and protection of individual rights, and increasing dialogue between various stakeholders. The implication of this study is the need for reform and capacity building of local legal institutions to implement qanun more effectively and fairly. Policy recommendations include the revision of qanuns that are inconsistent with human rights principles, the implementation of training for stakeholders on Islamic family law, and the strengthening of monitoring and enforcement mechanisms. This research provides an in-depth understanding of the complexities of implementing Islamic family law through qanuns in sharia-based countries, and provides a foundation for future improvements in legal policy and practice.
Investigating the Impact of Globalization on the Development of Islamic Family Law: A Case Analysis of Modernizing Muslim Countries Luqman Saputra
Journal of Nafaqah Vol. 1 No. 1 (2024): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/t7vec203

Abstract

Abstract This research aims to investigate the impact of globalization on the development of Islamic family law in modernizing Muslim countries. Using a qualitative approach and case study analysis, this research explores how globalization affects the legislative process, legal interpretation, court practice, and societal responses to Islamic family law in the context of increasingly complex global dynamics. The results show that globalization has brought significant changes in the paradigm of Islamic family law, with the adoption of more uniform and universal aspects of the law, along with adjustments to global values such as human rights and gender equality. However, this adoption is often at odds with traditional values and local interpretations of Islamic family law. In addition, globalization has also influenced interpretations of Islamic family law, court practices and community responses. There are debates and diverse interpretations of the principles of Islamic family law in the context of modernity and globalization, as well as the influence of globalization on community responses to changes in Islamic family law. The implication of this research is the need for a more flexible and inclusive approach in developing Islamic family law in the era of globalization. Policy recommendations include strengthening dialogue between legal authorities, scholars, and civil society to reach a more inclusive agreement in updating and adapting Islamic family law to diverse global and local values.
Islamic Family Law in Facing the Widespread Phenomenon of Siri Marriage: Legal and Social Implication Dedi Dedi; Dadan Dadan; Aa Hendra; Syafi'i Syafi'i
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rvxqx729

Abstract

The purpose of this study is to examine in depth the position of children from siri marriages according to the constitution in force in Indonesia and to analyze the legal position of illegitimate children from siri marriages as heirs according to civil law and Islamic law. The research method used is a literature study (Information and Reference Study, abbreviated as SIR) by reviewing various literature, articles, journals, and policies related to the phenomenon of siri marriage in the context of Islamic family law. This method was chosen because of its descriptive and analytical nature, where the study emphasizes more on collecting and analyzing various relevant secondary sources to answer existing problems. The results of the study show that siri marriages, although valid according to Islamic law, have significant legal and social implications. From the perspective of Islamic family law, siri marriages often ignore aspects of protecting the rights of women and children that should be guaranteed in the country's legal system. The legal implications of siri marriages include difficulties in obtaining birth certificates for children born from the marriage, which has an impact on access to education and health services. In addition, wives in unregistered marriages do not have the same legal protection as in officially registered marriages, making them vulnerable to injustice in terms of inheritance rights, maintenance, and protection from domestic violence. From a social perspective, unregistered marriages can cause stigma and discrimination against the women and children involved.
Child Custody in Divorce: A Review of Islamic Law Against Modern Court Practice Muhammad Arsyad; M. Anshari; Mawarni Fatma
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/er3pxz67

Abstract

This study also aims to evaluate the extent to which Islamic law can be applied or accommodated in the modern justice system in Indonesia. The method used is a normative legal approach, with a literature review of legal sources, such as Islamic legal texts, court decisions, and Indonesian laws and regulations relating to child custody. The main data were obtained from books, journals, scientific articles, and relevant court decisions. Data analysis was carried out by examining the application of Islamic legal principles related to child custody in modern court practices in Indonesia. This study also uses comparative analysis to compare Islamic legal principles with Indonesian positive law. The results of the study show that although Islamic law provides clear principles regarding child custody, modern court practices are often not fully in accordance with these principles. The courts prioritize positive law, although the welfare of the child remains the main consideration. Therefore, harmonization between Islamic law and positive law is needed so that court decisions are fairer and in accordance with the values ​​of Muslim society. This study emphasizes the importance of integrating Islamic legal principles into the Indonesian justice system to ensure decisions that are in the best interests of the child.
Islamic Family Law and the Recognition of Same-Sex Marriage: Controversial Issues in the Context of Human Rights Fitrian, Achmad
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xh956q64

Abstract

This study aims to examine the debate on Islamic family law regarding same-sex marriage in the context of human rights. In Islamic law, same-sex marriage is considered contrary to religious teachings, while human rights emphasize the principles of equality and non-discrimination. The conflict between religious norms and human rights demands is a major challenge, especially in countries with Islamic-based laws, including Indonesia. The research method used is a literature review by examining academic and legal sources. Data sources include the Qur'an, Hadith, fiqh books, and laws and regulations related to marriage in Indonesia. Secondary sources include academic books, scientific journals, and international legal documents related to human rights. Data were collected through literature studies from various academic databases and official legal sources. The results of the study show that Islamic family law still maintains the view that marriage is only valid between a man and a woman. Meanwhile, the human rights movement demands equality for the LGBT community. Countries with Islamic law, including Indonesia, still reject same-sex marriage despite global pressure. Therefore, a dialogue-based approach is needed to balance individual rights, religious values, and social harmony. Further studies are needed to formulate inclusive and fair solutions to this issue
Islamic and Customary Inheritance Law: Addressing Differences and Similarities in the Distribution of Property Datumula, Sarpika
Journal of Nafaqah Vol. 2 No. 1 (2025): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/a22mze83

Abstract

This article examines the inheritance systems in Indonesia by comparing the normative structure of Islamic inheritance law with the flexible, community-based principles of customary (adat) inheritance practices. Using a qualitative, literature-based approach, the study analyzes the core principles, gender dynamics, and distribution mechanisms within both systems. Islamic inheritance law, as codified in the Qur’an and classical jurisprudence, follows fixed shares assigned to specific heirs, reflecting a theologically grounded notion of proportional justice. In contrast, customary inheritance systems such as the patrilineal Batak, matrilineal Minangkabau, and bilateral Javanese models are based on kinship norms, emotional ties, and deliberation, allowing for more context-sensitive arrangements. The discussion highlights key points of divergence and convergence between the two systems, particularly in terms of legal authority, gender roles, and adaptability. It also explores how Indonesian families navigate these plural frameworks, often blending formal rules with informal negotiations to achieve perceived fairness. The study concludes that legal pluralism, rather than posing a conflict, offers an opportunity for harmonization through contextual interpretation, inclusive dialogue, and the integration of religious and cultural values.
The Position of Women in Islamic Family Law: A Study of Rights and Obligations in Marriage Septiani, Rina
Journal of Nafaqah Vol. 2 No. 1 (2025): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/a9yh4k70

Abstract

This research is motivated by the persistence of gender inequality in the understanding and practice of women's rights and obligations in marriage according to Islamic family law. One of the main problems is the assumption that women have a subordinate position in the household, which often stems from conservative interpretations of religious texts. This research aims to examine normatively and contextually the position of women in Islamic family law, as well as analyze the rights and obligations of women in marriage based on classical and contemporary fiqh perspectives. The method used is normative qualitative with a literature study approach to the verses of the Qur'an, hadith, and the opinions of scholars from various madhhabs. The results of the study show that in principle, Islam upholds equality and justice in the relationship between husband and wife, but in practice there is often a gap between legal norms and social reality, which is influenced by patriarchal culture and lack of contextual understanding. In conclusion, it is necessary to develop a more progressive and gender-just approach to Islamic family law so that women can play a role as autonomous and equal legal subjects in marriage.

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