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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 5 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2026): Maret" : 5 Documents clear
Marital Maintenance Neglect and Divorce Dynamics: An Empirical Socio-Legal Study in Gampong Neuheun, Aceh Besar Fitri, Inayatul; Zubaidi, Zaiyad; Husnul, Muhammad; Sangare, Bilaly; Solahudeen, Isa Olawale
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.491

Abstract

Neglect of maintenance by the husband is one of the dominant factors that cause divorce which is not always related to structural poverty, but also to unproductive behavior and intentional neglect in fulfilling household economic obligations. This study aims to analyze the social dynamics of maintenance negligence, identify the main causative factors, examine its impact on family stability, and evaluate the effectiveness of custom-based mediation mechanisms in conflict resolution in Gampong Neuheun, Mesjid Raya District, Aceh Besar Regency. This study uses a qualitative approach with the type of field research. Data was collected through in-depth interviews with gampong officials, traditional leaders, and religious leaders, and strengthened by participatory observation and documentation studies. The results of the study show that livelihood instability is more predominantly caused by laziness, the involvement of the husband in online gambling, and dependence on social assistance that is not managed productively, thus triggering prolonged conflicts and increasing the risk of divorce. Customary mediation has been proven to play a role in reducing conflicts in the early stages, but its effectiveness is limited when it is not accompanied by a commitment to behavior change from the husband. This study recommends strengthening community-based regulations and supervision as well as family economic empowerment programs that are integrated with customary mediation mechanisms as preventive measures to reduce the divorce rate due to neglect of alimony.
Motivation and Impact of Marriage of UIN Ar-Raniry Banda Aceh Students in Hifz Ird̄i Review Fitri, Muhaiminu Laila; Zubaidi, Zaiyad; Shabarullah, Shabarullah; Aouati, Fatima Zohra; Pervin, Dalia
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.478

Abstract

This study aims to analyze the phenomenon of marriage among female students of UIN Ar-Raniry Banda Aceh during the study period through the perspective of hifz al-'ird in maqashid al-shariah, which is a principle that emphasizes the maintenance of honor and self-dignity. This phenomenon is interesting to study because of the increasing choice of marriage during college which gives rise to academic, social, and religious dynamics for female students. The study used a descriptive qualitative method with data collection techniques in the form of in-depth interviews with three married female students during the study period and documentation as supporting data. The data were analyzed thematically to identify the driving factors, impacts, and relevance to the concept of hifz al-'ird. The results of the study showed that the decision to marry was influenced by religious motivation, family support, mental and emotional readiness, economic considerations, and the desire to have a supportive partner in academic and household life. In terms of impact, marriage provides a positive influence in the form of moral protection, emotional support, increased responsibility, and more targeted social relations; But it also presents challenges such as the division of time between studies and household, potential academic obstacles, limited social interaction, and a decrease in focus on learning in certain situations. In the perspective of hifz al-'ird, marriage during the study period is understood as a means of maintaining honor, dignity, and personal integrity in line with the purpose of maqashid al-sharia in protecting the moral, psychological, and social aspects of individuals. The study recommends that universities provide academic support and family counseling for married female students during their studies to maintain a balance between academic responsibilities and home life.
Parent-to-Child Grants and Their Influence on Inheritance Perspectives of Islamic Law and Positive Law Intan, Intan; Jamhir, Jamhir; Kamaruzzaman, Yusnaidi; Mohd Noor, Nor Azlina; Ali Qaddumi, Shadi Imad
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.486

Abstract

Parental grants (hibah) to children are commonly practiced as an expression of affection and as a means of managing family property during one’s lifetime. However, in practice, such grants often give rise to legal issues, particularly when they affect the distribution of inheritance after the parents’ death. This article aims to examine the legal position of hibah from the perspective of Islamic law, the practice of parental grants to children, and the impact of such grants on inheritance according to Islamic law and Indonesian positive law. This study employs a qualitative approach with a normative-juridical method through library research, analyzing the Qur’an, Hadith, Islamic jurisprudential principles, the Compilation of Islamic Law, and relevant legal literature. The findings indicate that hibah in Islamic law is a valid legal transaction as long as it is conducted voluntarily, fairly, and while the grantor is still alive. Parental grants to children are permissible but must uphold the principle of justice to prevent inequality and family disputes. In principle, a valid hibah does not constitute inheritance property. Nevertheless, under certain circumstances such as unjust grants, grants made shortly before death, or grants intended to circumvent inheritance rules hibah may be calculated as part of the inheritance, as stipulated in Article 211 of the Compilation of Islamic Law. Therefore, hibah and inheritance are closely interconnected and must be implemented based on principles of justice and public benefit.
Beyond Formal Courts: The Role of Customary Institutions in Resolving Divorce Disputes in East Aceh, Indonesia Miswar, Nabila; Friatna, Ida; Mustaqim, Riza Afrian; Chernysh, Maryna; Batdulam, Munkh-Erdene
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.489

Abstract

This study examines the authority, effectiveness, and practices of divorce dispute resolution conducted by customary institutions in Lhok Dalam Village, Peureulak District, East Aceh, Indonesia. The research addresses the growing interaction between customary mechanisms and formal religious courts in resolving family disputes within Acehnese society. Using a qualitative socio-legal approach, data were collected through in-depth interviews with customary leaders and community members, field observations, and document analysis. The data were analyzed using descriptive-analytical techniques to identify patterns of authority, mediation practices, and institutional limitations within the customary dispute resolution process. The findings reveal that customary institutions possess strong moral and social legitimacy in mediating marital conflicts before cases are submitted to the Mahkamah Syar’iyah. Divorce disputes are generally addressed through deliberative dialogue, religious advice, and reconciliation efforts (islah) aimed at restoring family harmony. This process is perceived as effective in reducing social tensions, preventing premature divorce, and preserving community dignity and social cohesion. However, the study also finds that the effectiveness of customary mediation remains institutionally limited because the outcomes lack formal legal recognition within the state legal system. Consequently, decisions reached through customary mediation cannot always guarantee legal certainty for the parties involved. This study recommends strengthening the role of customary institutions by establishing formal documentation of mediation outcomes, enhancing the capacity of customary leaders through legal and mediation training, and developing institutional collaboration with the Mahkamah Syar’iyah to ensure both social legitimacy and legal certainty in divorce dispute resolution.
Children’s Rights Fulfillment in Families of Female Migrant Workers: An Islamic Law Perspective from Aceh Tenggara Hayatusyifa, Noor Fadillah; M. Yunus, Fakhrurrazi; Amri, Aulil; Genovés, Manuel Beltrán; Mohammad Nasir, Nur Syahirah Binti
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.496

Abstract

The increasing participation of women as migrant workers has created complex socio-legal consequences within family structures, particularly concerning the fulfillment of children's rights. While economic remittances from female migrant workers contribute to improving household welfare, the prolonged physical absence of mothers raises critical concerns regarding parenting, emotional attachment, and moral development of children. Existing studies largely focus on the economic benefits of labor migration, while limited attention has been given to the holistic fulfillment of children's rights from an Islamic legal perspective. This study aims to examine the fulfillment of children's rights in families of female migrant workers in Bukit Tusam District, Southeast Aceh Regency, and to analyze the issue through the framework of Islamic law. The research employs an empirical qualitative approach through field research, with data collected via in-depth interviews, observation, and documentation involving female migrant worker families, substitute caregivers, and community stakeholders. The findings indicate that children's economic and formal educational rights are relatively fulfilled through remittances and continued access to schooling. However, the rights related to parental care, emotional support, and moral-religious guidance are often inadequately addressed due to the absence of maternal caregiving. From the perspective of Islamic law, the fulfillment of children's rights requires a holistic approach grounded in the principles of maqāṣid al-sharīʿah, particularly the protection of lineage, intellect, and welfare. This study contributes to the discourse on Islamic family law by emphasizing the need for integrative policies and community-based support systems to ensure the comprehensive protection of children's rights in migrant worker families.

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