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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 25 Documents
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Child Marriage in Indonesia: A Normative Analysis of Islamic Law and Nasional Marriage Law Asliah, Nur; Hasanah, Uswatun; Sadiyamue, Sitinur
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.v2i02.44

Abstract

This study examines child marriage in Indonesia from the perspective of Islamic law and national marriage law. The research aims to analyze the normative foundations of child marriage in Islamic jurisprudence and Indonesian positive law, as well as to assess their implementation in judicial decisions concerning marriage dispensation. This research employs a normative legal approach, relying on statutory regulations, classical and contemporary Islamic legal sources, and relevant court practices. The findings indicate that although Islamic law does not stipulate a specific minimum age for marriage, it emphasizes maturity and readiness, which align with the objectives of Islamic law to protect life, intellect, and lineage. In contrast, Indonesian national law, particularly after the enactment of Law Number 16 of 2019, establishes a strict minimum marriage age as part of child protection efforts. However, the practice of granting marriage dispensations by Religious Courts reveals a legal tension between normative regulations and social realities. This study argues that the persistence of child marriage reflects structural, cultural, and socio-economic factors that challenge both Islamic legal ideals and national legal frameworks. The research contributes to contemporary legal discourse by highlighting the need for a more integrative approach that strengthens child protection while remaining sensitive to Islamic legal principles and judicial practice in Indonesia.
Contesting Marriage Legitimacy: Customary Marriages and Islamic Family Law in Mandailing Natal Hasibuan, Affan Muhammad; Asrofi, Asrofi; Suroto, Suroto; Lubis, Deri Darmawan
Jurnal Hukum Keluarga Vol. 3 No. 01 (2026): 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.v3i01.49

Abstract

This study examines customary marriage in Mandailing Natal as a form of living law that shapes kinship relations, social legitimation, and dispute resolution. Using a normative–empirical socio-legal design, the research triangulates doctrinal analysis of Islamic family-law sources, notably ‘urf and maqasid al-shari’ah, with field evidence on Dalihan Na Tolu procedures, ceremonial practice, consent dynamics, and local adjudication. The results show that many customary mechanisms, such as collective deliberation and the customary dowry (mahar), substantively align with core objectives of Islamic family law and may be classified as ‘urf sahih, insofar as they advance lineage protection, dignity, and contractual certainty. Nevertheless, evolving social pressures produce misalignments, particularly around free and informed consent, equitable allocation of marital entitlements, and the legal visibility of customary marriages in Mandailing Natal. To address these tensions the study recommends inclusive, maqasid al-shari’ah-informed interventions: clearer documentation of consent and mahar, stronger links between customary authorities and civil registration, and targeted legal literacy for women and customary leaders. Scientifically, this study contributes an integrated ‘urf and maqasid al-shari’ah evaluative framework grounded in empirical data, offering both theoretical refinement and actionable policy guidance for reconciling living custom with the protective aims of Islamic family law.
Institutional Approaches to Divorce Prevention: A Comparative Study of Premarital Counseling in Indonesia, Malaysia, and Thailand Syafiqoh, Nur; Ramadhan, Muhammad Fikri; Sama-ae, Abdulloh
Jurnal Hukum Keluarga Vol. 3 No. 01 (2026): 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.v3i01.54

Abstract

The increasing rate of divorce in Muslim societies has raised concerns about the effectiveness of preventive mechanisms designed to strengthen family resilience. One of the strategies widely promoted in Islamic family law is premarital counseling, which aims to prepare prospective couples with knowledge and skills necessary for building a stable marriage. This study aims to analyze the role of premarital counseling in preventing divorce through a comparative examination of Indonesia, Malaysia, and Thailand. The research employs a qualitative approach using comparative legal analysis combined with a socio-legal perspective. Data were obtained from primary sources, including reports and institutional practices related to premarital counseling in Indonesia, particularly through the Marriage Development and Preservation Advisory Body (BP4) and the Office of Religious Affairs (KUA) in Deli Serdang Regency, as well as secondary sources such as legal documents, academic literature, and policy reports concerning Islamic family law in the three countries. The findings reveal that each country adopts a different institutional approach to premarital counseling. Malaysia implements the most formalized system through mandatory premarital courses integrated into marriage registration under the supervision of religious authorities. Indonesia adopts a semi-institutionalized model where counseling programs are facilitated by BP4 and KUA but are not always strictly mandatory. Meanwhile, Thailand relies primarily on community-based religious initiatives due to the limited formal recognition of Islamic family law within the national legal framework. The comparative analysis indicates that stronger institutional regulation and standardized counseling programs contribute to more effective divorce prevention mechanisms. Strengthening premarital counseling policies and institutional coordination may therefore enhance family resilience and reduce divorce rates in Muslim societies
Children’s Rights After Divorce under the Moroccan Family Code: Strengthening Judicial Protection in Family Court Decisions Elmoumni, Abdelmounaim
Jurnal Hukum Keluarga Vol. 3 No. 01 (2026): 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.v3i01.55

Abstract

Divorce represents a profound disruption not only for spouses but also for children whose emotional, social, and developmental stability may be significantly affected. In Morocco, the Moroccan Family Code (Mudawwanat al-Usra) establishes a legal framework intended to safeguard the rights and welfare of children following the dissolution of marriage. Nevertheless, in judicial practice, the explicit integration of children’s rights within divorce judgments is not always consistently articulated, which may weaken the legal protection available to children after divorce. This study aims to analyze the legal protection of children’s rights in post-divorce proceedings under the Moroccan Family Code and to evaluate the role of family courts in ensuring the best interests of the child. The research employs a normative juridical approach, examining statutory provisions of the Moroccan Family Code, relevant legal doctrines, and conceptual frameworks related to child protection in Islamic family law. The findings indicate that although Moroccan legislation recognizes the principle of the best interests of the child, judicial decisions do not always explicitly formulate detailed provisions concerning children’s welfare, including maintenance, education, and emotional protection. As a result, certain aspects of children’s rights may remain insufficiently guaranteed in post-divorce situations. Strengthening judicial practice through the systematic inclusion of children’s rights in family court decisions is therefore essential. Such an approach would provide a clearer legal foundation for safeguarding children’s well-being, ensuring access to education, healthcare, and parental care, while minimizing the adverse consequences of parental conflict after divorce.
Digitalization of Family Courts through the E-Court System to Ensure Access to Justice in Indonesia Qowima, Muhammad Roihan; Anhar, Durrul Aulya
Jurnal Hukum Keluarga Vol. 3 No. 01 (2026): 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.v3i01.57

Abstract

Digital transformation in Indonesia’s judicial system through the implementation of e-Court is a strategic step toward realizing the principles of swift, simple, and cost-effective justice. This study aims to analyze the effectiveness of the digitization of family courts and its implications for public access to justice. The research method employed is normative legal research using a doctrinal and statutory approach. Legal sources were obtained through literature review and analysis of legislation, particularly the Law on Information and Electronic Transactions and Supreme Court Regulation No. 7 of 2022 regarding Amendments to Supreme Court Regulation No. 1 of 2019 on Case Administration and Electronic Court Proceedings. The research findings indicate that the e-Court system provides administrative conveniences, such as case registration, payment of case filing fees, and electronic hearings. However, its implementation still faces challenges in the form of the digital divide, low digital literacy, and personal data protection issues. Therefore, regulatory strengthening, infrastructure improvements, and optimized outreach are needed so that the digitization of the judiciary can truly ensure equitable access to justice.

Page 3 of 3 | Total Record : 25

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