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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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Early Marriage in the Islamic Legal System, the Continental and Anglo Saxon European Legal Systems Ikbal, Muchamad; Ah. Fathonih; Fauzan Ali Rasyid
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.v2i2.292

Abstract

Child marriage is a violation of human rights that has a systemic impact on aspects of reproductive health, education, economy, and social participation. This article conducts a comparative-critical analysis of the construction of child marriage law in three dominant legal systems: Islamic Law (based on maslahah mursalah), Continental European Law (codification-based), and Anglo-Saxon Law (precedent-based), using the theoretical framework of legal pluralism Santos (1987) and the concept of best interest of the child (CRC 1989). The research method combines a normative-doctrinal approach with a critical discourse analysis of primary legal texts and court decisions in 15 representative countries. The findings reveal three paradigms: (1) Contemporary Islamic law has undergone a transformation from classical fiqh through the reinterpretation of maqashid shari'ah with an age limit of 18 years (Law No. 16/2019 in Indonesia and the Child's Rights Act 2003 in Nigeria); (2) The Continental European System implements legal paternalism through the harmonization of EU Directive 2019/51 with the minimum age standard of 18 years without dispensation; (3) The Anglo-Saxon system developed judicial activism through progressive precedents (the Re Marriage Act 2015 in the UK and Obergefell v. Hodges in the US). This study contributes to the theory of global legal convergence by recommending an integrated legal reform model that synthesizes the legal certainty of the European system, Anglo-Saxon flexibility, and Islamic maslahah values.
Islamic Family Law in Tunisia: Reforms, Characteristics, and Challenges Hayati, Mala; Yati, Rahma Zulkhairi; Amri, Aulil; Azizah, Putri; Bimawan, Henri; Fitri, Inayatul
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.244

Abstract

Tunisia is a country in North Africa with a Muslim majority population that underwent significant reforms in family law after independence in 1956 through the passage of the Code du Statute Personnel (CSP). The reform is known to be progressive because it promotes gender equality and the protection of women's rights, while remaining grounded in Islamic values. Previous studies have focused more on normative aspects or described Tunisia as a model for family law reform in the Islamic world, but there is still limited research that explores the characteristics of this reform in a socio-political context, especially after the 2011 Revolution. This study uses a literature review method with a descriptive-qualitative approach to analyze regulations related to marriage, divorce, marital rights and obligations, and inheritance in Tunisian family law. The results of the study show that the reform of family law in Tunisia is marked by a balance between the principles of modernity and religious tradition, which is reflected in egalitarian policies towards women and restrictions on discriminatory practices in the family. These findings affirm Tunisia's position as a pioneer of Islamic family law reform with a distinctive model, while revealing the dynamics and challenges that arose in its implementation after the 2011 Revolution. This research provides an academic contribution in the form of a critical analysis of the Tunisian experience which can be an important reference for the development of Islamic family law in other Muslim countries.
Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Persetubuhan Hendrawan, Hendrawan; Wahyudi, Wahyudi; Husain , Husain
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.249

Abstract

In the legal system and child protection in Indonesia, legal protection efforts for children victims of sexual intercourse crimes are very important. The victim's child suffered such great physical, psychological, and social losses that it required a comprehensive and sustainable protection system. This paper examines the various forms of legal protection provided to child victims of sexual intercourse based on applicable laws and regulations and their application in the field. By examining Law Number 35 of 2014 concerning Child Protection, the Criminal Code (KUHP), and Law Number 17 of 2016 as the second amendment to the Child Protection Law which regulates criminal threats for perpetrators of sexual violence against minors, the author uses a normative juridical method. Various challenges, including weak law enforcement, lack of institutional coordination, and lack of victim recovery facilities, have led to legal protection for child victims not being fully ideal, according to the study. Although there has been a law in accordance with the rights of child victims, implementation in the field is still constrained by cultural and institutional barriers. Therefore, it is important to improve the capabilities of law enforcement officials, encourage institutional synergy, and adopt trauma-based healing strategies in the justice system. Effective legal protection guarantees the recovery and future of the victim's child in a holistic and dignified manner, not only by punishing the perpetrator but also by.
The Role and Application of 'Urf as a Source of Islamic Law: A Historical Review and Fiqhiyah Rules Abdulah Pakarti, Muhammad Husni; Ending Solehudin; Maruf, Maruf; Saujan, Iqbal; Shakibiciu, Saeideh
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.300

Abstract

Urf or community customs have an important role in the development of Islamic law. As one of the sources of law, 'urf is recognized in fiqhiyah rules as long as it does not contradict the shar'i nash. This research aims to analyze the role and application of 'urf in Islamic law with a historical approach and examine the fiqhiyah rules related to its use. This research uses a qualitative approach with a literature study method. Data were collected from primary and secondary sources, such as classical fiqh books, academic journals, and Islamic legal literature. The analysis is done descriptively-critically to understand the historical development of 'urf and its relevance in fiqhiyah rules. The results show that 'urf has a significant role in the development of Islamic law, especially in the context of legal adaptation to social and cultural changes. Historically, 'urf has been used by scholars as a basis in determining laws that are relevant to the context of society, as long as they do not conflict with the principles of sharia. Fiqhiyah rules such as al-'ādah muhakkamah (customs can be made into law) and Al-maslahah al-mursalah (interests that are not mentioned by the nash) become the main basis for applying 'urf. This finding confirms that 'urf can be a valid source of Islamic law as long as it meets certain criteria, such as not contradicting shar'i arguments and being common in society. Understanding 'urf is also important in the context of fatwa and contemporary Islamic legal policy. 'Urf acts as a dynamic instrument in Islamic law that allows flexibility in the application of sharia in accordance with social reality. This study contributes to understanding how Islamic law can remain relevant by considering the customs of society that do not contradict the principles of sharia.
Disfungsi Keluarga: Telaah Fantasi Sedarah Melalui Teori Sistem Ekologi dan Fungsi Keluarga Dalam Islam Wigaswanda, Syifa Lailya; Riyadi, Hendar; Faatinisa, Esty; Rahman, Nabila Julianti; Luthfiana, Afiifah Dinda; Padila, Nadia Nur
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.318

Abstract

The emergence of the online community “Fantasi Sedarah” reflects a severe form of family dysfunction, where moral values and core family functions have failed. This study aims to examine the relationship between family dysfunction and sexual deviance within this community by applying Bronfenbrenner’s ecological systems theory and the Islamic concept of family function by Khurshid Ahmad. This research uses a qualitative approach with a case study design and digital ethnography (netnography). Data were collected through observation of the online community, and news documentation. The findings reveal that the community’s existence is not only rooted in micro-level failures such as within the family but is also reinforced by exosystems like social media and a macrosystem that is permissive toward deviant content. The discussions within the group normalize deviant behaviors, indicating the collapse of the family’s moral and emotional protection roles. This study concludes that the “Fantasi Sedarah” phenomenon is a multidimensional crisis requiring collaborative responses from families, education systems, legal authorities, and digital platforms.
Mechanism for Settlement of Wali Adhal Cases in the Determination of Guardian Judges in Banda Aceh Cut Amirah Fatinah; Khairani Mukdin; Nik Saleh, Nik Salida Suhaila; Ğafurof, Rishat Ameer; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.361

Abstract

This study aims to examine the factors that lead to the appointment of a marriage guardian judge (wali hakim) due to the refusal of a legitimate guardian (wali adhal), as well as the mechanism of its implementation at the Office of Religious Affairs (KUA) in Lueng Bata District, Banda Aceh. The research employs a qualitative approach with a sociological-empirical method, using in-depth interviews, observation, and documentation with the Head of KUA and KUA staff as the primary sources, supported by secondary data from literature and legal documents. The findings reveal that the appointment of a wali hakim generally arises from non-shar’i reasons, including personal conflicts between guardians and prospective brides, excessive social considerations related to the groom’s status, economic concerns, and long-standing family disputes. These factors restrict women’s rights to marry in accordance with Islamic law. The resolution mechanism consists of several stages, starting from reconciliation efforts, mediation by KUA and community leaders, and, if necessary, filing a petition to the Religious Court. Once the court transfers guardianship rights, the marriage can be solemnized with a wali hakim appointed by the judge. This study highlights the crucial role of KUA and the Religious Court in safeguarding women’s rights and ensuring the validity of marriage under both Islamic and state law in Indonesia.
Korupsi sebagai Kejahatan Kemanusiaan dalam Perspektif Fasad fi al-Ardh dan Hukum Indonesia Abdullatif, Muhammad Lutfi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.405

Abstract

Corruption in Indonesia is no longer seen as an ordinary crime, but has developed into an extraordinary crime that damages the system and order of national life. A positive legal approach through the Corruption Law is considered to be unable to provide a deterrent effect or touch the root of the problem of substantive justice. This research aims to offer an alternative perspective by positioning corruption as a crime against humanity through the study of the concept of fasad fi al-ardh in the Qur'an. The method used is normative legal research with philosophical, conceptual, and comparative approaches. Primary data is sourced from the Qur'an and laws and regulations, while secondary data comes from books of tafsir, books, and scientific journals. The results of the study show that the characteristics of the fi al-ardh façade, such as massive damage, betrayal of public trust, and dehumanization, have a substantive conformity with systemic corruption practices in Indonesia. This similarity provides a strong philosophical basis for reformulating national criminal law policy. This study proposes: (1) increasing the qualification of systemic corruption as an extraordinary crime equivalent to a crime against humanity; (2) the application of heavier and proportionate punishment as reflected in the QS. Al-Maidah: 33; and (3) strengthening additional restorative punishments, including the allocation of fines for the socio-economic recovery of the community. The findings of this study confirm that the integration of fi al-ardh façade values  in national criminal law policy can be a progressive paradigm to strengthen moral legitimacy, law enforcement effectiveness, and eradication of corruption in Indonesia.
Jurisprudence of the Banda Aceh Syar'iyyah Court in the Determination of Post-Divorce Child Support Rahman, Mujibur; Shabarullah, Shabarullah; Lianne, Ghazal
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.355

Abstract

This study examines the judicial considerations and implementation of child support arrangements following divorce as stipulated in the Decision of the Mahkamah Syar’iyyah Banda Aceh Number 450/Pdt.G/2023/MS.Bna, as well as the form of legal protection afforded to children’s rights. Using a descriptive qualitative method with a normative juridical approach, this research analyzes relevant statutory regulations, Islamic legal principles, and the court decision as the primary data source. The findings reveal that the judges endorsed the parties’ agreement regarding child custody and financial responsibility, resulting in a shift of the child support burden from the father to the mother. This determination was made on the basis of the child’s best interests, despite the normative rule that places the primary obligation of support on the father according to Article 41 of Law No. 1 of 1974, Article 80 of the Compilation of Islamic Law, and classical fiqh principles. Mahkamah Syar’iyyah adopts a flexible approach in allocating support obligations when justified by mutual agreement and the welfare of the child. Theoretically, this study contributes to strengthening the maqāṣid al-sharī‘ah framework particularly the principle of maslahah al-walad within contemporary family law adjudication. The study underscores the need for continuous evaluation of religious court practices to ensure consistent and effective protection of children’s rights to financial support after divorce.

Page 4 of 4 | Total Record : 38

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