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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 38 Documents
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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.
Tindak Pidana Kelalaian Lalu Lintas Yang Menyebabkan Kematian Perspektif Hukum Positif Dan Hukum Pidana Islam Banalfa Izdihaar, Balqiz Rafi'
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.175

Abstract

Law enforcement against criminal acts of traffic negligence (culpa) that result in death often raises debates about the proportionality of the sanctions imposed. This article aims to analyze the application of law in traffic negligence cases based on Indonesian positive law and Islamic criminal law. The study focuses on Court Decision Number 49/Pid.Sus/2023/PN Kdl, in which the defendant was sentenced to one year of city detention, even though Article 310 paragraph (4) of Law Number 22 Year 2009 stipulates a prison sentence of up to six years. This research uses a normative juridical method with a qualitative approach, through analysis of legal documents and in-depth interviews with judges who handle cases. The results showed that the judge considered the special conditions of the defendant, such as pregnancy, dependents of children under five, sincere remorse, and good faith in providing compensation to the victim's family. In the perspective of Islamic criminal law, the act is classified as jarimah qatlu al-khata', which is subject to sanctions in the form of diyat and expiation if unable to pay. This finding shows that there is a difference in approach between positive law and Islamic law, and raises discourse about the gap between legal norms and people's sense of justice. Therefore, it is necessary to evaluate the punishment policy in traffic negligence cases to better reflect substantive justice.
Nafkah Pasca Talak bagi Istri Nusyuz: Telaah Yuridis atas Putusan Mahkamah Syar'iyah Banda Aceh Nomor 215/Pdt.G/2020/Ms.Bna Ulkhuluq, Nisa; Amri, Aulil; Fithria, Nurul
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.179

Abstract

This study aims to analyze the legal considerations of judges in determining post-divorce alimony to wives who are declared nusyuz in the practice of religious justice. In classical Islamic law, nusyuz wives are generally not entitled to alimony, but the reality in Indonesian religious courts shows that there is flexibility in its interpretation and application. This study uses a normative juridical approach with a qualitative descriptive method, based on a study of the Decision of the Banda Aceh Syar'iyah Court Number 215/Pdt.G/2020/MS. Bna. The data was analyzed through a review of laws and regulations, a Compilation of Islamic Law, and fiqh books as the main source of law. The results of the study show that even though the wife is proven to be nusyuz, the judge still determines the maintenance of iddah and mut'ah by considering social factors, such as the economic condition of the wife and the existence of young children. This consideration shows that there is a contextual approach by judges that prioritizes the principles of justice and protection for vulnerable parties. This study concludes that the practice of providing alimony to nusyuz wives can be legally justified if it is based on the principle of benefit. Therefore, it is necessary to understand the law that is adaptive to social dynamics and strengthen regulations that are in line with the sharia maqashid in realizing substantive justice in Indonesian religious courts.
The Principle of Guardianship in Marriage: A Philosophical Analysis of the Harmonization of Islamic Law and Indonesian Positive Law Muhammad Husni Abdulah Pakarti; Aden Rosadi; Usep Saepullah; Husain
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.188

Abstract

Guardianship in marriage law has an important position as one of the conditions for the validity of marriage in the perspective of Islamic law and also received recognition in the Indonesian national legal system. However, the application of guardianship principles in the context of positive law often raises debates, especially regarding the authority of the guardian, the position of women, and the limits of state intervention. This study aims to examine the principles of guardianship in the Indonesian marriage law system and its relevance to the values of justice and legal protection. This research uses a normative juridical approach with a literature study method. Sources of data are obtained from legislation, legal doctrine, and relevant court decisions. The analysis is done descriptively-qualitatively by tracing the concepts of guardianship in Islamic law, the Compilation of Islamic Law (KHI), and Law Number 1 Year 1974 on Marriage. The results show that the principle of guardianship in the Indonesian marriage legal system is based on the strong influence of Islamic law, especially in KHI. The marriage guardian is considered as a representation of honor and protection of women. However, there is also ambiguity in guardianship arrangements between the national legal system and social religious practices, which can lead to legal uncertainty. There is a need for harmonization between religious principles and human rights principles in marriage law, especially regarding women's autonomy in choosing a life partner. Revisions to regulations relating to guardianship are also needed to emphasize the position of women as independent and protected legal subjects.
Penyelesaian Hak Asuh Anak Pasca Perceraian Di Luar Pengadilan: (Studi Kasus Dayah Mon Ara Kecamatan Kembang Tanjong Kabupaten Pidie) Muniruddin, Amesya Amani Fatiha; Fakhrurrazi M. Yunus; Boihaqi Bin Adnan
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.198

Abstract

This research examines the settlement of child custody after divorce outside the court with a focus on child custody disputes in Gampong Dayah Mon Ara, Kembang Tanjong District, Pidie Regency, the purpose of the research is to find out how the practice of resolving custody rights is carried out and how it is in accordance with Islamic law and laws and regulations. This research uses field research methods and empirical normative approaches, observation and interviews become primary data sources while articles, theses, theses and dissertations that have been researched by previous authors become secondary data sources. The results of this study indicate that the local community prefers to resolve disputes through deliberation with local traditional leaders, without going through the court process because the community believes that customary institutions are able to resolve their cases rather than having to go to court at a relatively more expensive and long time, in the case studied by the author the custody of minors falls to the father because it is considered more feasible in terms of emotional, economic, and social support, this customary settlement reflects the synergy between customary norms, Islamic law and the principle of the best interests of the child.
Pembatalan Perkawinan dalam Sistem Hukum Indonesia: Analisis Regulasi, Faktor Penyebab, dan Dampaknya Andro Foza, Yerry; Suyatna , Enang; suhibbullah, suhibbullah; Tahsin , Rizal; Hanas, Azwar
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.207

Abstract

Marriage annulment is a legal measure taken to declare a marriage invalid and considered never to have occurred. In Indonesia, marriage annulment is regulated under Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). This study aims to analyze the factors leading to marriage annulment, the applicable legal procedures, and its impact on the parties involved, including the husband, wife, children, and shared assets. Based on legal analysis and case studies, the main causes of marriage annulment include improper marriage guardianship, violations of marriage procedures, and polygamous marriages conducted without the consent of the first wife and without court approval. Court rulings on marriage annulments have far-reaching legal implications, including the nullification of marital status, legal protection for children, and the division of shared assets. This study concludes that although regulations regarding marriage annulment are clearly defined, challenges remain in their implementation, particularly in law enforcement and public awareness of legal marriage requirements. Therefore, strengthening regulations, enhancing judicial oversight, and increasing legal education for the public are necessary to ensure that all marriages comply with the prevailing legal provisions.
Comparison of Islamic Family Law in Malaysia and Indonesia Ade Khoirunnisa; Retno Arimbi Dewi; Fatya Zahra Siahaan; Siti Samra; Aulil Amri
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.226

Abstract

Islamic family law in Malaysia and Indonesia has the same sharia basis but differs in its application due to the influence of the legal system, culture, and state policies. This comparison is important to understand the variation of regulations and their implications for Muslim communities in both countries. This study aims to analyze the similarities and differences of Islamic family law in Malaysia and Indonesia, especially in the aspects of marriage, polygamy, and inheritance, and to examine the effectiveness of its implementation. This study uses a normative juridical method with a comparative approach. Primary data sources include the Enakmen of the Melaka State Law Number 12 of 2002, the Selangor State Law Draft, the Islamic Family Law Enakmen Number 17 of 2003 (Malaysia), and Law Number 1 of 1974, Law Number 16 of 2019, and the Compilation of Islamic Law (Indonesia). Data collection techniques were carried out through library research, with data analysis using descriptive analysis and content analysis of applicable legal provisions. Research shows that although Malaysia and Indonesia are both based on sharia, Malaysia tends to be more structured in regulating polygamy and inheritance, while Indonesia is more flexible by considering customary law. Differences are also seen in the authority of the judicial institution, where Malaysia has autonomous Sharia Courts per state, while Indonesia implements a centralized system through the Religious Courts.
Eksplorasi Komprehensif Hukum Keluarga Islam di Indonesia: Sejarah, Prinsip, dan Praktik Kontemporer Aulil Amri; Fariqan Malhusna; Maryam Thahira; Nissa Azra Nabila; Nabila Miswar; Saniah Amatillah; Ibrahim Adeyemi Adewumi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.227

Abstract

This paper aims to comprehensively examine Islamic Family Law in Indonesia, focusing on its historical development, legal sources, and core components such as marriage, inheritance, divorce, wills, adoption, and gifts. The method used is a literature review of Islamic legal texts and national regulations, particularly the Compilation of Islamic Law (KHI) and the Marriage Law. The results show that Islamic Family Law in Indonesia has significantly evolved, especially since the enactment of Law No. 1 of 1974 and the implementation of KHI through Presidential Instruction No. 1 of 1991. Nevertheless, challenges remain in terms of implementation, public understanding, and criticism of certain provisions perceived as gender- biased. Ongoing reform and contextualization are needed to ensure Islamic family law delivers more equitable justice in Indonesia’s pluralistic society.

Page 3 of 4 | Total Record : 38

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