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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 22 Documents
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The Role of Mediators in the Resolution of Joint Property Disputes: A Meta-Analysis and Systematic Review Oman Sudrajat
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 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 Sayehu
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.v2i01.30

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
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.v2i01.31

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
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.v2i01.32

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.
Negotiating Mahr as a Woman’s Right in Islamic Marriage: A Normative–Comparative Study of Nigeria and Indonesia Zakari, Hamza Naziru; Fahmi, Zul; Dirgantara, Muhammad; Manda, Rifky Mei; Maulana, Fadhlan
Jurnal Hukum Keluarga Vol. 2 No. 02 (2025): 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.v2i02.11

Abstract

Mahr (dowry) serves as a fundamental institution in Islamic marriage law and represents a legally recognized economic right of women, grounded in Qur’anic injunctions and Islamic Law. Despite sharing a common normative foundation, the regulation and practical enforcement of mahr vary considerably across Muslim societies, particularly those characterized by legal pluralism and differing levels of state codification. This article examines mahr as a women’s right within Islamic family law through a normative-comparative analysis of Nigeria and Indonesia. Employing doctrinal legal research and a comparative law approach, the study analyzes the concept of mahr in Islamic jurisprudence and its regulation within the respective Islamic family law frameworks of both countries. The findings reveal that both Nigeria and Indonesia recognize mahr as a mandatory obligation of the husband and the exclusive proprietary right of the wife. However, significant divergences emerge in terms of regulatory structure, institutional enforcement, and legal certainty. In Nigeria, Islamic family law operates within a plural legal system where Islamic law—predominantly influenced by the Maliki school—coexists with customary and statutory laws, resulting in fragmented enforcement and uneven protection of women’s mahr rights. By contrast, Indonesia has incorporated Islamic family law into a more unified statutory framework through Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, supported by the jurisdiction of Religious Courts, thereby providing relatively clearer mechanisms for legal enforcement, notwithstanding ongoing challenges related to customary practices and implementation. This comparative analysis demonstrates that legal codification, institutional coherence, and state involvement play a crucial role in enhancing legal certainty and strengthening the protection of women’s economic rights in marriage.
Wali Adhol in Islamic Family Law and Its Relevance to Indonesian Marriage Law Fillah , Zamzam Al-Fathoni; Adly, Muhammad Amar; Firmansyah, Heri; Yahya, Mariati
Jurnal Hukum Keluarga Vol. 3 No. 01 (2026): Jurnal Hukum Keluarga (in Progress)
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.v3i01.23

Abstract

This article examines the concept of wali adhol (reluctant or refusing guardian) within Islamic family law and analyzes its relevance and institutionalization in Indonesian marriage law. A wali adhol refers to a marriage guardian who unjustifiably refuses to solemnize the marriage of a woman under his guardianship despite the fulfillment of Islamic legal requirements. Employing a normative juridical method with conceptual and comparative approaches, this study analyzes classical fiqh doctrines, statutory regulations, and judicial practices in Indonesia. The findings demonstrate that the doctrine of wali adhol has been systematically incorporated into Indonesian positive law through Article 23 of the Compilation of Islamic Law (KHI) and relevant regulations of the Ministry of Religious Affairs. The Religious Courts are vested with the authority to determine the status of wali adhol and to appoint a wali hakim (judicial guardian) as a substitute, thereby safeguarding women’s rights to marriage. This study argues that the regulation of wali adhol reflects a substantive harmonization between Islamic law and national law, grounded in principles of justice, legal certainty, and the protection of human rights.
Leadership and Justice in Islamic Perspective: Their Relevance to Contemporary Islamic Family Law Kholik, Abdul; Ismail, Abdul Rahman
Jurnal Hukum Keluarga Vol. 2 No. 02 (2025): 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.v2i02.28

Abstract

Leadership and justice are two fundamental concepts in Islamic teachings that are intrinsically interconnected and serve as essential foundations for the development of a just and well-ordered social and family system. In Islamic perspective, leadership is not merely understood as an exercise of authority or power, but as a moral and legal trust (amānah) that entails responsibility for upholding truth, public welfare (maṣlaḥah), and justice. Justice (‘adl) constitutes the normative core of leadership, as the absence of justice undermines the moral and spiritual legitimacy of leadership itself. This article aims to examine the concept of leadership and justice in Islamic perspective and to analyze their relevance to contemporary Islamic family law. Employing a qualitative literature-based approach through an analysis of Qur’anic verses and Prophetic traditions, this study finds that ideal leadership—particularly within the context of family governance and legal institutions—must be grounded in the principles of trustworthiness, justice, consultation (shūrā), and piety. The Qur’an emphasizes the obligation to uphold justice in all legal and social relations, including family matters, as articulated in QS. An-Nisā’ [4]: 58 and QS. An-Nahl [16]: 90. Furthermore, the Prophet Muhammad ﷺ affirmed that just leaders attain a noble status before God. Accordingly, justice-oriented leadership plays a crucial role in ensuring the protection of rights, family harmony, and the development of a responsive and equitable system of contemporary Islamic family law. This study affirms that, in Islamic thought, justice represents both the essence and ultimate objective of leadership, while leadership functions as an instrumental mechanism for realizing justice within family and social life.
Reconstructing the Hijab-Mahjub Concept in Islamic Inheritance Law: A Critical Analysis of Islamic Inheritance Law and KHI Fakhyadi, Defel
Jurnal Hukum Keluarga Vol. 2 No. 02 (2025): 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.v2i02.36

Abstract

Hijab is a form of inheritance obstruction in Islam that occurs when there are heirs who are given higher priority. The position of these prioritized heirs determines the inheritance rights of others and categorizes them as the first-rank heirs. Although the rules of hijab are essentially egalitarian for both men and women, cultural influences and the interpretive tendencies of scholars in understanding the Qur’anic verses on inheritance often produce patriarchal interpretations. In fact, the Qur’an fundamentally grants equal status to men and women as heirs. This literature-based study aims to reveal various forms of injustice within the concept of hijab in Islamic inheritance law. The research employs a qualitative descriptive method grounded in library research, with data analyzed through a critical-descriptive approach. This method produces a more comprehensive understanding of the rules of hijab within the Islamic inheritance system. The study concludes that the commonly accepted concept of hijab–mahjub contains misogynistic bias against women. Such discriminatory tendencies result in women being viewed as having lower status than men, even though both hold equal positions as heirs—despite receiving different shares. Therefore, a universal and comprehensive legal understanding is needed to prevent discrimination against women in the application of Islamic inheritance law. The interpretations of classical scholars, which were influenced by the sociological conditions of patrilineal Arab society, must be reconstructed to promote reforms in Islamic law that are more relevant, dynamic, and aligned with contemporary developments as well as the foundational principles of Islamic inheritance law.
Regulating Polygamy in Muslim States: A Normative and Comparative Study of Marriage Law and Justice Saputra, Muhammad; Zulfikri, Zulfikri; Turnip, Ibnu Radwan Siddik; Efendi, Rahmad
Jurnal Hukum Keluarga Vol. 2 No. 02 (2025): 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.v2i02.42

Abstract

Polygamy remains one of the most dynamic and contested issues in Islamic family law, with regulatory frameworks varying significantly across Muslim states. This article examines the regulation of polygamy in the marriage laws of Muslim countries, with a primary focus on Asia and Africa, in order to identify prevailing patterns of restriction, conditional authorization, and prohibition. Employing a normative and comparative legal approach, the study draws on national legislation, judicial decisions, and relevant scholarly literature from journals and academic books. The analysis is conducted through a descriptive-analytical method by examining the principles of Islamic law and their implementation within the positive legal systems of different states. The findings demonstrate that polygamy regulation in Muslim countries generally falls into three dominant models: permissibility subject to strict legal limitations, conditional permissibility under strong judicial supervision, and total prohibition. These regulatory models reflect ongoing efforts by Muslim states to reconcile the normative legitimacy of Sharīʿah with the demands of gender justice and contemporary family law reform. This study argues that the maqāṣid al-Sharīʿah approach plays a pivotal role in the transformation of modern Islamic family law by reorienting marriage law policies toward substantive justice and the protection of women’s rights.

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