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Muhammad Husni Abdulah Pakarti
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An-nisa: Journal of Islamic Family Law
Published by Yayasan Cendekia Gagayunan Indonesia
ISSN : -     EISSN : 30640520     DOI : https://doi.org/10.63142/an-nisa.v1i4.46
Core Subject : Religion, Education, Social,
Religion Law, Crime, Criminology & Criminal Justice Other
An-Nisa: Journal of Islamic Family Law is a peer-reviewed academic journal that focuses on the study and analysis of Islamic family law and related issues. The journal aims to provide a platform for scholars, researchers, and practitioners to explore the dynamic and evolving nature of Islamic family law in various cultural, social, and legal contexts. An-Nisa welcomes submissions from various disciplines, including Islamic studies, law, sociology, anthropology, gender studies, and related fields. The journal is dedicated to advancing knowledge and fostering a deeper understanding of how Islamic family law operates both in theory and practice, as well as its implications for contemporary Muslim societies. By engaging with diverse perspectives and research methodologies, An-Nisa contributes to the ongoing discourse on Islamic family law and offers insights into the legal, social, and ethical dimensions of family life in Muslim communities. This journal is published 1 year 4 times (March, June, September and December).
Arjuna Subject : Umum - Umum
Articles 7 Documents
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Search results for , issue "Vol. 2 No. 1 (2025): Maret" : 7 Documents clear
Refleksi Maqoshid Syariah Dalam Istinbath Hukum Progresif Terhadap Pembagian Harta Bersama Dalam Kompilasi Hukum Islam Di Indonesia Daelani, Supian
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.115

Abstract

This study analyzes the implementation of Article 97 of the Compilation of Islamic Law (KHI) regarding the distribution of joint property after divorce in the Religious Courts of Bandung, Depok, Sukabumi, and Garut. This article mandates an equal division of assets between husband and wife without considering individual contributions. However, this rule is often viewed as unfair because it does not account for the specific roles in acquiring assets, particularly in the context of the evolving roles of husbands and wives, where many wives also contribute as breadwinners. Court rulings in Bandung and Depok reveal that judges have begun to consider both economic and non-economic contributions, resulting in a more proportional division of assets. In contrast, in Sukabumi and Garut, the division is still rigidly applied according to formal regulations. This highlights the need for reform. This study explores maqashid al-shariah, which emphasizes substantive justice and public welfare, as a basis for reforming Article 97 of the KHI. This reform aims to achieve a fairer distribution of assets based on each party's actual contribution. The participation of society and academics is also essential in this reform process to ensure that the policies developed are relevant and just.
Hadist Tentang Penjualan Berdasarkan Kesepakatan Bersama, Dalam Konteks Kehidupan Kontemporer Purnomo, Heri; Athoillah, Mohamad Anton; Rodliyana, Muhamad Dede
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.80

Abstract

Hadiths are one of the most important sources of Islamic law, including in economic matters, especially in buying and selling transactions. Sales based on mutual agreement is a fundamental principle described in various traditions. In the context of contemporary life, this principle is relevant in various modern business models, both in physical and digital transactions. This article examines the relevance of the traditions governing sale and purchase transactions in the context of the modern economy taking into account the dynamics of technological development, e-commerce, and the need for transparency in transactions. It highlights how the application of these principles can ensure justice for all parties involved in the buying and selling process, avoid usury, and promote economic balance. Based on the views of two Islamic economists, namely Muhammad Abdul Mannan and M.A. Chapra, this study also reveals how the principle of mutual agreement can be applied in increasingly complex contemporary businesses.
Keluarga Sebagai Preventif Radikalisme Dalam Diskriminasi Hak Beragama Perspektif Sad Dzari’ah Dan Islam Nusantara Hidayat, Raya; Saiban, Kasuwi; Hamidah, Tutik
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.99

Abstract

Indonesia faces several issues regarding the discrimination of religious worship rights, which clearly violates the regulations in Indonesia. In many cases of religious discrimination in the country, the neutrality of the government as a public servant is often called into question. Consequently, our society still lacks a proper understanding of religious tolerance. Instilling an understanding of appropriate solutions within families related to the discrimination of worship rights in Indonesia must be addressed more seriously. This study is essential to analyze radicalism in the discrimination of worship rights through the lens of sad dzari’ah. Furthermore, the researcher will examine the role of families in preventing worship rights discrimination from the perspective of Islam Nusantara. This research employs a qualitative approach based on library research. The findings indicate that discrimination against worship rights is inconsistent with sad dzari’ah because it can lead to significant harm, such as division and conflict. Therefore, worship rights discrimination must be prevented to align with the principles of sad dzari’ah. Additionally, strengthening family resilience through the cultivation of Islam Nusantara values can serve as a preventive effort against radicalism in worship rights discrimination.
Kontroversi Pencatatan Pernikahan Seluruh Agama Serta Kaitannya Dengan Eksistensi Kantor Urusan Agama Di Indonesia Tanoto, Ivan; Zelikho, Andini; Daryadi, Yudi; Farid, Diana; Abdulah Pakarti, Muhammad Husni
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.100

Abstract

Marriage registration is a form of state service to protect the public from problems that arise because of marriage ties, such as inheritance rights, maintenance and other civil rights. In fact, the registration of marriages has been regulated in Government Regulation No. 9 of 1975 (PP No. 9/1975) which states that registration of marriages for Islamic religions is recorded by the Religious Affairs Office (KUA) and registration of marriages for non-Islamic religions is carried out by registration officers at the Office. Civil Registry (KCS). However, in early 2024 the Minister of Religion plans to make KUA services inclusive for all religions in Indonesia. In fact, the unification of these services will certainly take away the existence of the KUA as a place to carry out some of the duties of the district and city Department of Religion offices in the field of Islamic religious affairs in sub-district areas as stated in Minister of Religion Decree No. 517 of 2021 concerning the KUA Organization. This research discusses comprehensively the registration of marriages of all religions and its relation to the existence of the KUA in Indonesia. The aim of this research is to determine the impact of the law and controversy over the registration of marriages of all religions at the KUA. The research method we use is normative juridical through a statutory regulatory approach and a conceptual approach. The results of this research indicate that it will be necessary to systematically rework many regulations to make the KUA the centralization of marriage registration for all religions.
Legal Procedure and Formalities of Marriage Application in the State of Selangor: A Way Forward Nik Saleh, Nik Salida Suhaila; Noor Azmi, Kamarul Adrian Akmar; Mohd. Nawi, Nur Jihan Mardhiah; Pakror Rozi, Nur Yasmin Zawani; Mustafa Kamal, Siti Nurfaqihah Syafiqah; Abd Shukur, Amar Haziq
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.111

Abstract

This paper considers the legal procedure and formalities of marriage application in the State of Selangor. While the Islamic Family Law (State of Selangor) Enactment 2003 has provided detail provisions on the marital related matters, it still needs clearer provisions and amendments on the security of marriage institution. The objective of this paper is to study whether the marriage requirements stated in the Enactment have upheld positive values and whether the marriage procedures have complicated the process of application. This is important to answer the issues of marriage syndicate which has created holistic challenges in Malaysia. The authors employed quantitative methods in searching for the answers by analysing the Enactment in understanding the legal procedures and formalities stated therein. This paper also proposed that amendment of the law is necessary to prevent issues related to procedure and formalities of marriage in the State of Selangor. The authors have found that the procedures and formalities upheld positive values and do not complicate the process. Family lineage can be well taken care of if things that are prohibited in marriage can be prevented legally.
Nikah Sirri (Perbandingan Hukum Positif Indonesia Dan Hukum Islam) Salsabila, Fajrina Dhia; Alfi Syahri, Vanda Kamila; Hamidah, Tutik; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.144

Abstract

The implementation of Marriage Act No. 1/1974, which was later amended by Act No. 16/2019, and its various provisions, led to the emergence of the phenomenon of nikah siri. Nikah siri is a marriage that takes place in secret and is not registered in accordance with the provisions of the current Marriage Law. This research will include an in-depth analysis of 1) An explanation of nikah siri according to Indonesian positive law and Islamic law. 2) The legal status and criminal sanctions of nikah sirri under Indonesian positive law and Islamic law. This research is normative in nature with a comparative approach to analyse the crime of nikah sirri by comparing Indonesian positive law and Islamic law. The data collected will be analysed descriptively and comparatively to identify the similarities, differences and legal implications of the crime of nikah sirri in the two perspectives. Therefore, it is hoped that this research can increase understanding of the phenomenon and make a positive contribution to our knowledge of the dynamics of human relationships in the context of hidden marriages.
Kehujjahan Hadis Mauqūf Dalam Persoalan Ibadah Perspektif Ushūl Fikih Fajar Rachmadhani
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.145

Abstract

Hadith mauqūf is a prophet tradition whose chain of transmission only reaches the companions of the Prophet Muhammad, without continuing to the Prophet. In the study of ushul fiqh (Islamic Jurisprudence), there are different views regarding the validity of hadith mauqūf in matters of worship. Some scholars accept the hadith mauqūf as proof while others reject them, especially in aspects related to the provision of Shari'ah laws. This paper aims to analyse the position of hadith mauqūf in the law of worship and review their validity from the perspective of ushul fiqh. The results of the study show that some scholars accept hadith mauqūf as evidence if there is a strong indication that the companions did not argue on the basis of personal thoughts, while others reject it because in worship there must be direct evidence from the Prophet Muhammad. The ushul fiqh approach shows that hadith mauqūf can be used as evidence in matters of worship if they fulfil certain rules, especially if there are indications that the companions attributed their opinions to the sunnah of the Prophet SAW.

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