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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 47 Documents
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Legal Certainty of Interfaith Marriage After SEMA No. 02 of 2023 Maqasid Sharia Perspective Rusliansyah, Shabrina; Melayu, Hasnul Arifin; Amri, Aulil; Lajaunie, Claire; Benali, Fatima Zohra
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.v2i4.303

Abstract

Interfaith marriage in Indonesia has long been a controversial legal issue, particularly following the issuance of Supreme Court Circular Letter (SEMA) No. 02 of 2023, which explicitly prohibits the registration of marriages between individuals of different religions. This policy has raised significant concerns regarding legal certainty and its alignment with substantive justice, especially when examined through the lens of Maqasid al-Sharia. This study aims to analyze the extent of legal certainty governing interfaith marriage under Indonesia’s positive law framework and to assess its conformity with the objectives of Islamic law. Employing a normative juridical method, this research utilizes statutory, conceptual, and doctrinal approaches, drawing upon legislation, Islamic legal doctrines, and relevant academic literature. The findings reveal that, under positive law, interfaith marriage lacks formal legal validity as it contravenes Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage, a position further reinforced by SEMA No. 02 of 2023 as a binding judicial guideline. From the perspective of Maqasid al-Sharia, the prohibition is consistent with the protection of the five essential objectives of Islamic law (al-daruriyyat al-khams), particularly the preservation of religion (hifz al-din) and lineage (hifz al-nasl). Nevertheless, this study also identifies inconsistencies in the implementation of SEMA No. 02 of 2023 at the practical level, which may undermine legal certainty and result in unequal legal treatment. Therefore, this research recommends the strengthening of legal harmonization through clearer statutory regulation, enhanced inter-institutional coordination, and improved guidance for law enforcement and civil registration authorities to ensure consistent application in accordance with the principles of legal certainty, justice, and social welfare.
The Law of Adoption of Children Out of Wedlock in the Perspective of Islamic and Indonesian Law Amar Yusuf Abdurrohman; Misbahuzzulam; Abdulah Pakarti, Muhammad Husni; Sajid, Imran Ahmad; Najihah, Fateema Muslihatun
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.v2i4.347

Abstract

The adoption of children from extramarital relationships is a complex legal issue because it involves legal, social, and religious dimensions at the same time. This study aims to analyze the comparison of the regulation of adoption of children out of wedlock in Islamic law and positive law in Indonesia, especially related to the legal status of children, civil relations, and the implications of their rights. This research uses a normative-juridical approach with a comparative legal method, through an examination of laws and regulations, court decisions, fatwas, as well as relevant Islamic law and national law literature. The results of the study show that in Indonesia's positive law, children out of wedlock can obtain a civil relationship with their biological father as long as it is scientifically proven and determined through legal mechanisms, but does not automatically obtain inheritance rights from adoptive parents except through grants or mandatory wills. Meanwhile, Islamic law views the adoption of children in the form of kafālah, which emphasizes the parenting aspect without changing the child's nasab, inheritance rights, and marital status. The difference in principle between the two legal systems poses normative challenges in the practice of child protection, so an integrative approach is needed that is able to ensure the best interests of children without ignoring Islamic sharia values. This research contributes by offering a conceptual framework for harmonization between Islamic law and national law in the regulation of out-of-wedlock child adoption based on the protection of children's rights.
The Concept of the Ideal Couple: Buya Hamka's Perspective in Islamic Marriage Law Ahmad, Chaidir Ali; Syarafuddin, Muhsan; Manbi Ushama, Kirama Nasim; Muhsen, Jamaluddin Jamal
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.v2i4.366

Abstract

The choice of a life partner is a fundamental aspect in Islamic marriage law because it has a direct effect on the formation of a harmonious family. This study aims to analyze Buya Hamka's perspective on the criteria for ideal couples in Islamic marriage and its relevance to contemporary legal and social contexts. This research uses a qualitative approach through literature studies, with the main source in the form of Buya Hamka's works, including Tafsir al-Azhar, Great Pribadi, Living Institutions, and Modern Sufism. The results of the study show that Buya Hamka places faith and morals as the main foundation in choosing a partner, outperforming physical, economic, and social status considerations. In addition, Hamka emphasized the concept of kafā'ah which is not solely material, but includes the harmony of religious understanding, education, character, and vision of life. This view is in line with the purpose of marriage in Indonesia's positive law which emphasizes the formation of a happy, prosperous, and sustainable family. This research contributes by enriching the treasure of Islamic family law thought through the formulation of ideal couple criteria based on the integration of religious, social, and psychological values that are relevant to strengthening the resilience of Muslim families in the modern era.
Negotiating Marital Communication in the Digital Era: Social Media Use among Working Couples from a Family Law Perspective Yanis, Muhammad; Ali, Bukhari; Wahyuni, Yenny Sri; Hazram, Nurul Ain; Akbar, Hisyam Maliki
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.v2i4.401

Abstract

This study aims to identify and analyze the communication patterns of married couples who work in using social media effectively and adaptively to maintain household harmony. This study uses a qualitative descriptive method with the determination of informants based on the principle of data saturation, considering that the population number is not known for sure. A total of 12 informants who were married couples with formal employment status were randomly selected. Data collection was carried out through in-depth interviews and thematic analysis. The results of the study show that face-to-face communication remains the most crucial and effective foundation in maintaining household harmony, especially in resolving sensitive issues and deep conflicts. Meanwhile, social media functions as a complement to practical communication, especially in conditions of limited time, long distance relationships, and as a means of defusing conflicts in the early stages. However, the majority of informants consider that social media is not yet fully effective in conveying crucial issues such as criticism and differences of opinion due to the high risk of misunderstandings. These findings indicate that household harmony (sakinah, mawaddah, and rahmah) is supported by the application of interpersonal communication norms, such as openness, emotional control, mutual respect, and the establishment of ethical boundaries in digital behavior to prevent conflicts, including the potential for online infidelity. Based on these findings, this study recommends that married couples who actively work build a balanced communication agreement between face-to-face communication and social media utilization, accompanied by digital communication literacy oriented towards ethical values and family resilience.
Prohibition vs Persistence: Contract Marriages between the Objectives of Islamic Law and Local Legal Realities in Indonesia Burhan Latip; Abdulah Pakarti , Muhammad Husni; Nik Saleh, Nik Salida Suhaila; Husain, Muhammad Zakir; Daud, Normadiah
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.v2i4.471

Abstract

The phenomenon of contract marriage (nikah kontrak) in Cianjur Regency has emerged as a significant legal and socio-religious issue within Indonesian society, attracting both national and international scholarly attention. This study is driven by two core research questions: (1) How is Regent Regulation No. 38 of 2021 implemented in addressing the practice of contract marriage? and (2) To what extent does this regulation reflect and uphold the objectives of Islamic law (Maqāṣid al-Sharīʿah)? The research aims to critically examine the legal implementation and social impact of the regulation, particularly on individuals involved in contract marriages. Employing a qualitative method with a descriptive-analytical and case-study approach, data were collected through in-depth interviews with contract marriage actors, community leaders, and government officials. The findings reveal that contract marriages in Cianjur occur through various forms of informal or semi-formal arrangements often without legal guardians or witnesses, or with invalid ones thereby fulfilling only the outward form of marriage without generating legal consequences such as the obligation of ʿiddah. From the Sunni legal perspective, such practices are considered invalid, whereas in the Shiʿa Imamiyah tradition, they may resemble nikah mutʿah under specific conditions. The persistence of contract marriage is influenced by internal factors (economic necessity, cultural accommodation) and external factors (social tolerance and weak enforcement). Although Regent Regulation No. 38/2021 seeks to curb the practice, its implementation has yet to produce a substantial deterrent effect. Within the broader global discourse on Islamic legal reform, this study underscores the necessity of integrating normative Islamic legal principles with contextual socio-legal realities. A more comprehensive strategy combining legal enforcement, community education, and theological engagement is essential to safeguard the higher objectives of Islamic law and protect vulnerable parties in marital relations.
Islam as a Condition for Waqf: Dialectics of Classical Fiqh and Indonesian Waqf Law in a Pluralistic Society Abdullah, Hilmi Marwa; Usman, Musyafi; Nizam, Sadida; Bilal, Muhammad
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.v2i4.472

Abstract

Waqf plays a strategic role in strengthening the Islamic economy and promoting social welfare. However, scholarly debate persists regarding whether being Muslim constitutes a substantive legal requirement for a waqif, particularly within Indonesia’s pluralistic socio-legal context. Existing studies largely focus on administrative or economic aspects of waqf, while the normative tension between classical Islamic jurisprudence and Indonesian positive law on the religious status of the waqif remains underexplored. This study aims to address this gap by critically examining the requirement of Islamic faith for waqif from the perspectives of Islamic jurisprudence and Indonesian waqf law. Employing a qualitative normative-juridical method, the research analyzes classical and contemporary fiqh sources from the four Sunni schools (Ḥanafī, Mālikī, Syāfi‘ī, and Ḥanbalī), alongside national regulations, particularly Law No. 41 of 2004 on Waqf and Government Regulation No. 42 of 2006. The findings demonstrate that, within Islamic jurisprudence, being Muslim is not an absolute prerequisite for the validity of waqf, except when the object of waqf is directly related to ritual worship, such as mosques. The Ḥanafī, Syāfi‘ī, and Ḥanbalī schools emphasize legal capacity (ahliyyah al-taṣarruf), ownership, and lawful objectives as determining factors of validity. Similarly, Indonesian waqf law does not impose religious restrictions on waqif, provided that the waqf serves public benefit and does not contradict sharia principles. This study contributes to the discourse on waqf law by demonstrating that the requirement of Islam for waqif functions as a contextual moral and spiritual value rather than a rigid juridical condition, thereby highlighting a normative convergence between classical fiqh and national law in prioritizing social justice and public welfare.
Child Rights Fulfilment in Families Practicing Early Marriage: A Juridical-Empirical Analysis of Child Protection Law Implementation in Blangkejeren, Gayo Lues Regency Hayati, Mala; M. Yunus, Fakhrurrazi; Achyar, Gamal
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.v2i4.474

Abstract

The phenomenon of Early marriage remains a critical social issue in Blangkejeren District, Gayo Lues Regency, with significant implications for the fulfilment of children’s rights within the family. Despite the existence of a comprehensive legal framework, particularly Law Number 35 of 2014 on Child Protection, its implementation at the family level among early-married couples remains ineffective. This study examines the fulfilment of children’s rights in families practising early marriage and identifies the legal and socio-familial factors hindering its realisation. Employing a juridical-empirical approach with a qualitative descriptive design, the research integrates normative legal analysis with empirical data collected through in-depth interviews with early-married families, community leaders, and relevant institutions. The findings reveal a clear gap between legal norms and social practice, as children’s rights related to caregiving, education, and health are inadequately fulfilled. These conditions are driven by parents’ economic and psychological unpreparedness, limited legal awareness, and weak institutional support. The study highlights the need to strengthen child protection law implementation through structured premarital education, young family empowerment, and enhanced institutional oversight.

Page 5 of 5 | Total Record : 47

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