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INDONESIA
Jurnal Hukum Keluarga
Published by PT. Ratu Bilqis Azzahira
ISSN : -     EISSN : 30891167     DOI : -
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
About the Journal Journal title : Jurnal Hukum Keluarga Editor-in-chief : Dr. Muhamad Hasan Sebyar, MH Online ISSN : 3089-1167 Frequency : 2 issues per year (January-June and July-December) Url : https://journal-rabiza.com/index.php/JHK/about E-mail : admin@journal-rabiza.com Language : Indonesian; English Licensing : Creative Commons Attribution-ShareAlike 4.0 International License Manag. Style : Open Access Journal Publishing System : Open Journal System (OJS 3.4) Publisher : PT Ratu Bilqis Azzahira Citation Analysis : Google Scholar Jurnal Hukum Keluarga is a peer-reviewed journal published by PT. Ratu Bilqis Azzahira. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge, E-ISSN: 3086-1167. Jurnal Hukum Keluarga aims to provide a platform for academics, researchers, and practitioners to publish original research articles or review articles. The scope of the articles published in this journal includes various topics related to family law, including: legal aspects of marriage, family rights, analysis of prenuptial and postnuptial agreements, divorce and its impact on families, child custody arrangements, inheritance distribution according to family law, dynamics of family relationships, domestic violence and legal protections, as well as social changes and their impact on family structure. We are published twice in a year (January-Juny, July-Desember) in Indonesian and English. Therefore, the editors are pleased to announce the Call for Papers for the next issue to be published.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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The Role of Mediators in the Resolution of Joint Property Disputes: A Meta-Analysis and Systematic Review Oman Sudrajat; Sayehu; Nafan Torihoran
Jurnal Hukum Keluarga Vol. 2 No. 01 (2025): Jurnal Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v2i01.20

Abstract

Joint property disputes following divorce are among the most complex and emotionally charged issues in family law. Mediation has emerged as a preferred alternative dispute resolution (ADR) method, particularly in Muslim-majority societies, where legal processes are often shaped by both state law and Islamic principles. This study aims to systematically evaluate the role of mediators in resolving joint property disputes by conducting a meta-analysis and systematic review based on the PRISMA 2020 methodology. Twenty peer-reviewed studies published between 2018 and 2024 were analyzed from databases such as Scopus, ScienceDirect, PubMed, and Mendeley. The findings indicate that effective mediation is characterized by mediator neutrality, cultural and religious competence, gender sensitivity, and a clear understanding of both legal and ethical frameworks. Mediators who integrate Islamic values such as justice (ʿadl), reconciliation (islāh), and public benefit (maslahah) were more successful in achieving durable and equitable outcomes. However, the study also identifies critical challenges, including inconsistent training standards, gender bias, and institutional gaps in supporting mediation practices. This review concludes that mediation, when professionally implemented and ethically grounded, offers a powerful and contextually relevant tool for promoting fair and sustainable resolutions to joint property disputes in post-divorce settings
Polygamy in Islamic Law: A Meta-Analysis and Systematic Review Fauzi Rahmat Pamula; Sayehu; Nafan Torihoran
Jurnal Hukum Keluarga Vol. 2 No. 01 (2025): Jurnal Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v2i01.21

Abstract

Polygamy remains one of the most debated and controversial practices in Islamic family law, raising significant questions about justice, gender equality, and family welfare in contemporary Muslim societies. This study seeks to answer the central research question: How is polygamy understood and practiced today in light of Islamic legal principles and what are its social and psychological impacts? To address this question, a systematic review and meta-analysis were conducted using the PRISMA framework, analyzing 45 peer-reviewed studies sourced from Scopus, ScienceDirect, PubMed, and other reputable academic databases. The review focused on the legal interpretations of polygamy, its regulation in various Muslim-majority countries (such as Indonesia, Morocco, and Egypt), and its social and psychological consequences for women and children. The findings reveal that while polygamy is religiously permitted as a legal dispensation (rukhshah), it is heavily conditioned on the requirement of justice (as emphasized in Quran 4:3), which is extremely difficult to achieve in practice. Quantitative evidence shows that women in polygamous marriages report significantly lower marital satisfaction and higher levels of depression and anxiety, while children face greater emotional and behavioral challenges compared to those in monogamous families. Moreover, global trends indicate a decline in the acceptance and practice of polygamy, with many legal systems introducing stricter regulations or discouraging it altogether. Despite these insights, research gaps remain, particularly in understanding the long-term effects on children and the perspectives of men in polygamous marriages. Overall, the study underscores that polygamy, as currently practiced, often contradicts the higher objectives (maqasid) of Islamic law aimed at ensuring justice, compassion, and family well-being, suggesting that monogamy better aligns with contemporary ethical and social realities
Child Marriage Dispensation in Islamic Law: A Meta-Analysis and Systematic Review Samsuri; Sayehu; Nafan Torihoran
Jurnal Hukum Keluarga Vol. 2 No. 01 (2025): Jurnal Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Child marriage continues to pose a legal and ethical dilemma in many Muslim-majority societies, including Indonesia, where legal reforms have raised the minimum marriage age but left room for exceptions through court dispensations. This study aims to critically examine the practice of child marriage dispensation in the context of Islamic law by conducting a systematic review and meta-analysis using the PRISMA 2020 framework. Eighteen peer-reviewed studies published between 2020 and 2024 were analyzed from scholarly databases including Scopus, PubMed, ScienceDirect, and Mendeley. The findings reveal that the majority of dispensations are granted due to premarital pregnancy and social pressure, often with limited consideration of the child's psychological readiness or long-term welfare. Although religious courts cite Islamic law to justify these decisions, a deeper examination suggests that many rulings prioritize cultural norms over Islamic legal ethics. Through the lens of maqāṣid al-sharī‘ah, the study finds that such practices often conflict with the higher objectives of Islamic law, particularly the protection of life, dignity, and justice. The review concludes that judicial practices surrounding child marriage dispensations require urgent reform through a combination of legal restrictions, religious reinterpretation, and community education to better safeguard children's rights.
Interfaith Marriage in Islamic Law: A Meta-Analysis and Systematic Review Mas Agus Priyambodo; Sayehu; Nafan Tarihoran
Jurnal Hukum Keluarga Vol. 2 No. 01 (2025): Jurnal Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This meta-analysis and systematic review explore the issue of interfaith marriage within Islamic law, analyzing both traditional and contemporary perspectives. While classical Islamic jurisprudence generally prohibits Muslim women from marrying non-Muslim men, modern scholarship increasingly challenges these restrictive interpretations, advocating for a more inclusive approach based on the ethical principles of Sharia. The review examines the role of gender in shaping these legal norms, highlighting the disproportionate impact on Muslim women, and explores regional variations in the application of Islamic marriage laws. It further discusses the influence of legal pluralism and fatwas in shaping public policy and social acceptance of interfaith unions. The study also identifies significant gaps in empirical research regarding the lived experiences of interfaith couples, suggesting that future studies should focus on understanding how these couples navigate legal, social, and religious challenges. The findings recommend that both legal reform and scholarly reinterpretation are essential to accommodate the realities of interfaith marriages while respecting Islamic values and promoting human rights. By offering a more flexible and justice-oriented approach, Islamic law can better address the needs of interfaith families in contemporary multicultural societies.
Child Adoption and Custody in Islamic Law: A Meta-Analysis And Systematic Review Amum Mahbub Ali; Sayehu; Nafan Tarihoran
Jurnal Hukum Keluarga Vol. 2 No. 01 (2025): Jurnal Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Child adoption remains a complex and sensitive issue within Islamic legal discourse, particularly due to its tension with Western legal frameworks that often permit full adoptive rights, including name changes and inheritance. This study addresses the central problem: how can Islamic law reconcile child protection needs with religious norms that prohibit altering a child’s lineage (nasab)? The research aims to investigate how the concept of kafalah in Islamic jurisprudence serves as an alternative to formal adoption and how Muslim-majority countries navigate the duality between sharia and civil legal systems. Employing a meta-analysis and systematic review approach based on PRISMA guidelines, this study synthesizes 42 peer-reviewed articles from the past decade sourced from Scopus, PubMed, ScienceDirect, Springer, and Wiley. Inclusion criteria focused on works discussing Islamic legal perspectives, national law, and practical implementations of adoption or child custody. The results reveal five dominant themes: the incompatibility of Western-style adoption with classical Islamic fiqh, kafalah as a legal-religious framework, the roles of guardianship (wali), financial support (nafaqah), and inheritance, the legal challenges posed by dual legal systems, and the emerging hybrid models in countries such as Morocco and Indonesia. The findings suggest that while Islamic law strictly preserves genealogical integrity, there is room for innovation through kafalah-based mechanisms that ensure child welfare. This study contributes to both scholarly debate and legal reform by offering an evidence-based understanding of how Islamic norms and child rights can be harmonized in contemporary legal systems.

Page 2 of 2 | Total Record : 15

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