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intan juniarmi
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INDONESIA
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 
Inheritance Distribution in Islamic Family Law: A Juridical Study of the Principle of Gender Justice Basri, Basri
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/mvxrfe02

Abstract

This article explores the principles of Islamic inheritance law through a normative and conceptual approach, focusing on gender-based distribution and its alignment with the broader ideals of justice in Islamic legal thought. It analyzes classical juristic formulations, particularly the rule that assigns male heirs twice the share of females, in light of maqāṣid al-sharī‘ah and contemporary interpretations of gender justice. The study also compares these principles with customary inheritance practices in Indonesia, which emphasize social roles, flexibility, and deliberation-based distribution. The findings reveal an ongoing tension between the rigidity of classical fiqh and the evolving demands of justice in pluralistic and modern contexts. By synthesizing classical doctrines with maqāṣid-oriented reasoning and contextual ijtihād, the study demonstrates the potential for a more responsive and ethically grounded inheritance framework. This research contributes to the broader discourse on Islamic legal reform by highlighting how contextual reinterpretation of inheritance norms can reflect not only legal continuity but also the living spirit of sharī‘ah justice in addressing gendered realities.
Tracing the Sociological Roots of Terrorism in Indonesia: The Role of Family Dysfunction in the Perspective of Islamic Family Law Herniwati, Herniwati; Kurniati, Kurniati; Mustafa, Zulhas'ari
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/msxbe924

Abstract

The phenomenon of family involvement in acts of terrorism in Indonesia indicates a shift in the pattern of radicalization from the public sphere to the private sphere. This research aims to trace the sociological roots of terrorism by emphasizing the role of family dysfunction and reviewing the relevance of Islamic family law principles in preventing the radicalization process early on. The method used is qualitative with a case study approach, through document analysis, literature study, and in-depth interviews with relevant resource persons, such as former terrorists, sociology experts, and Islamic law experts. The results show that most terrorists come from dysfunctional families, characterized by a lack of communication, neglectful or harsh parenting, and the absence of moderate spiritual role models. The radicalization process takes place within the home, through closed recitations, digital extreme content, and internal indoctrination. These findings indicate the non-implementation of maqashid sharia principles in family life, such as the protection of the soul, mind and offspring. Therefore, the de-radicalization approach must be multidisciplinary by integrating the perspectives of sociology, Islamic law and family education. Islamic family law not only functions as a legal-formal norm, but also as an ethical and practical guideline in building family resilience as the first bulwark against violent ideologies.
Islamic Family Law and the Protection of Single Mothers: A Response to the Rising Trend of Divorce Megasari, Indah Dewi; Setyawan, Setyawan
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/vqhg9x34

Abstract

This article examines the normative and institutional gaps in the legal protection of single mothers within Islamic family law, especially in the context of rising divorce rates in Muslim societies. Using a normative-juridical and conceptual approach, the study analyzes classical Islamic legal frameworks, maqāṣid al-sharī‘ah, and national legal instruments in Indonesia. It also draws comparative insights from other Muslim-majority countries to explore how Islamic values can be harmonized with gender-sensitive policy reform. The findings reveal that although Islamic law provides foundational principles for post-divorce responsibilities, its literal application often fails to address the socioeconomic vulnerabilities faced by women. The study argues that a contextual reinterpretation grounded in maqāṣid values such as justice and dignity is both theologically valid and socially necessary. Rather than positioning Islamic law as merely reactive to modern social demands, this study contributes to contemporary Islamic legal scholarship by framing the protection of single mothers as a legitimate evolution of sharī‘ah-based justice. It demonstrates that contextual ijtihād can serve as a methodological bridge between normative doctrine and lived realities, thereby reinforcing the transformative capacity of Islamic law in advancing inclusive legal systems.

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