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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 59 Documents
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Beyond Formal Courts: The Role of Customary Institutions in Resolving Divorce Disputes in East Aceh, Indonesia Nabila Miswar; Ida Friatna; Riza Afrian Mustaqim; Maryna Chernysh; Munkh-Erdene Batdulam
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 Noor Fadillah Hayatusyifa; Fakhrurrazi M. Yunus; Aulil Amri; Manuel Beltrán Genovés; Nur Syahirah Binti Mohammad Nasir
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.
Conflict between Customary Law and Islamic Law in the Postponement of Joint Property Distribution After Divorce Seri Bahreni Riski; Misran Misran; Boihaqi bin Adnan; Nur Syahirah Mohammad Nasir
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.521

Abstract

The postponement of the distribution of joint property after divorce is still an ongoing socio-juridical problem and has an impact on weak legal certainty and the fulfillment of economic rights after divorce, especially for women. Although Indonesian positive law and Islamic law normatively regulate the division of common property, there is still a gap between legal norms and the practice of their implementation in a society based on customary law. This research fills the research gap in the form of a lack of empirical juridical studies on the postponement of the distribution of common property in the interaction between customary law, Islamic law, and state law in traditional societies. The purpose of this study is to analyze the causal factors, patterns, and legal implications of post-divorce joint property distribution, with an emphasis on the protection of economic rights. The method used is empirical juridical with a socio-legal approach, which is carried out through field research in Katimaju Village, Ketambe District, Southeast Aceh Regency, with in-depth interview techniques and document analysis. The results of the study show that the delay in the distribution of joint property is influenced by the strong customary norms, the dominance of the role of extended families and traditional leaders, and the prevalence of unregistered marriages, which has implications for legal uncertainty and weak economic protection for women. The novelty of this research lies in an integrative analysis between normative legal frameworks and local social practices that reveal structural injustices in customary dispute resolution mechanisms. Based on these findings, this study recommends that the settlement of the distribution of joint property after divorce be required through a legal mechanism that has binding power by involving the Religious Court as the main authority, accompanied by the reformulation of customary dispute resolution mechanisms to be in harmony with Islamic law and state law, increasing the legalization of marriage through marriage registration, and strengthening community-based legal education to ensure legal certainty.  protect women's economic rights, and realize substantive justice in indigenous peoples.
Qawā'id Fiqhiyyah and Legal Pluralism: Reconstructing Islamic Family Law toward Gender Equality in Indonesia Ismail Jalili; Abdul Kabir Hussain Solihu
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.536

Abstract

The relationship between Islamic family law and national law in Indonesia is still an important legal issue, especially in the areas of marriage, inheritance, child custody, and family rights. However, existing studies tend to focus on formal legal reform and legal pluralism without providing a systematic analytical framework for harmonization that is explicitly based on Qawāʾid Fiqhiyyah and oriented towards gender equality. This research fills this gap by formulating and applying an analytical framework based on Qawāʾid Fiqhiyyah to examine how key legal principles can be used to resolve the normative conflict between Islamic family law and Indonesian national law while promoting gender justice. This study uses a qualitative research design with a comparative-analytical approach through document analysis of classical and contemporary Islamic legal sources, Indonesian laws and regulations, important court decisions, and scientific works that have gone through a peer review process, using iterative coding and thematic comparison. This study centers on the basic principles of justice (ʿadl), benefit (maṣlaḥah), prevention of harm (darʾ al-mafāsid), and custom ('urf), which are operationalized as criteria for assessing legal provisions and patterns of interpretation. The findings of the study show, first, that Qawāʾid Fiqhiyyah facilitates a contextual reinterpretation of family law rules so that provisions on marriage guardianship, alimony, and divorce can be harmonized with constitutional guarantees of equality; second, that the principles of maṣlaḥah and the prevention of harm provide a principled basis for courts to prioritize protection from violence and discrimination in childcare and inheritance disputes; and third, that the recognition of the legitimate 'urf opens up space for the integration of Indonesian socio-legal realities into Islamic legal reasoning without abandoning its doctrinal foundation. Theoretically, this study makes a contribution to formulating Qawāʾid Fiqhiyyah not only as a technical rule of fiqh, but as a normative-analytical framework for the harmonization of rights-based law between Islamic family law and national law in the context of modern countries with Muslim populations.
Reconstructing Boundaries of Spousal Interaction with the Opposite Sex in the Digital Era: A Sadd Al-Dzari'ah Approach in Islamic Family Law Agung Gunawan; Emha Hasan Nashrulloh; Noor Naemah Abdul Rahman; Ozioma Victoria Uchime
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.530

Abstract

The high divorce rate in Indonesia, which reached 516,334 cases in 2022, shows the increasingly vulnerable resilience of Muslim families. Previous studies have generally explained divorce from social, economic, and psychological perspectives, while studies that have formulated preventive limits on the interaction of husband and wife with the opposite sex based on Islamic legal principles, especially in physical, digital, and professional spaces, are still very limited. This study aims to formulate preventive limits on the interaction of husband and wife with the opposite sex based on the concept  of sadd adz-dzarī'ah in the perspective of Islamic Family Law and analyze its normative capacity as a basis for strengthening Muslim family governance in the modern era. This research uses a normative legal research method based on literature studies with a conceptual approach and maqāṣid al-syarī'ah. The data was analyzed qualitatively through the study of the Qur'an, hadith, classical literature of uṣūl fiqh, and contemporary scientific publications. The results of the study show that sadd adz-dzarī'ah has a strong and proportionate normative capacity because it only limits interactions that objectively have a high potential to lead to acts that are prohibited by the Shari'ah. This research produced a Preventive Model of Three Spaces of Interaction that includes the boundaries of physical, digital, and professional interactions, accompanied by measurable indicators of the shift in interaction from the category of mubāḥ to dzarī'ah as well as a multi-level normative classification that includes mubāḥ, makrūh, and ḥarām. These findings expand the scope of the study of fiqh mu'āsyarah into the digital space as a theoretical contribution that has not been widely discussed in the literature before. This study recommends that the model be integrated into the curriculum of marriage guidance, family education, and Muslim family development policies as preventive instruments to strengthen family resilience in the digital age.
Legal Certainty and Legal Protection For Victims of Catcalling In Indonesia: A Critical Analysis of The Sexual Violence Crime Law And Maqāṣid Al-Sharī'ah Nurfadilah Djafar; Rusdiyanto Puluhulawa; Irl an Puluhulawa; Rasham Armab Saikhu
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.547

Abstract

Catcalling is one of the most common forms of non-physical sexual harassment in public spaces, yet legal protection for victims in Indonesia still faces various obstacles. Although Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence recognizes non-physical sexual harassment as a crime, there is no regulation that explicitly defines catcalling, resulting in normative ambiguity, legal uncertainty, and differences in interpretation in its enforcement. This study aims to analyze the legal regulations regarding catcalling in Indonesian positive law, identify obstacles to legal protection for victims, and examine it from the perspective of maqāṣid al-syarī'ah. The study uses a normative legal research method with a statutory, conceptual, comparative, and Islamic legal approach. Primary, secondary, and tertiary legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretations. The results show that the absence of a clear legal definition of catcalling means that legal protection does not fully fulfill the principles of legal certainty, particularly lex certa and lex stricta, so that law enforcement still relies on the interpretation of officials. Furthermore, difficulties in proving, gender bias in law enforcement, a culture of victim blaming, and the normalization of verbal sexual harassment further weaken protection for victims. From the perspective of maqāṣid al-syarī'ah, catcalling contradicts the principles of Hifz al-'Ird (protection of honor), Hifz al-Nafs (protection of life), and Hifz al-Karamah (protection of human dignity). This study offers a normative reconstruction of the regulation of catcalling through harmonization between the TPKS Law and the Criminal Code, while integrating positive law with Islamic legal principles to strengthen legal certainty and increase the effectiveness of legal protection for victims of verbal sexual harassment.
Transforming Islamic Family Law: Integrating the Compilation of Islamic Law with Digital Evidence and AI Khozinatul Asrori; Siti Zaharah Jamaluddin; Wan Nur Izzati Wan Nor Anas; Musanif Henan
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.546

Abstract

This study examines the relevance and transformation of the Compilation of Islamic Law (KHI) in facing developments in the digital era and artificial intelligence (AI). The main problem raised is the normative gap between the KHI (which is still based on the traditional paradigm) and the reality of contemporary family law which is increasingly influenced by digital evidence and technology-based judicial practices. The research uses a qualitative approach with normative-juridical and philosophical research types, through literature studies, analysis of statutory regulations, and studies of Islamic legal philosophy with the framework of maqāṣid al-syarī'ah and maṣlaḥah mursalah. The research results show that the Indonesian Criminal Code has not explicitly accommodated digital evidence such as online conversations, electronic recordings, or social media traces, even though this data is increasingly dominant in family cases, especially divorce. This gap creates legal uncertainty regarding validation, authenticity, and evidentiary power. The research proposes an integration of the principles of maqāṣid al-syarī'ah as the direction of legal objectives and maṣlaḥah mursalah as a methodological instrument to legitimize the recognition of digital evidence and the use of AI in religious courts. Practically, the research recommends three strategies: reforming the Compilation of Islamic Law (KHI) through explicit recognition of digital evidence, developing adaptive fatwas and jurisprudence, and enhancing the capacity of judges to understand digital technology. Thus, the transformation of Islamic family law not only maintains the relevance of the Compilation of Islamic Law but also ensures justice and the welfare of the community in the digital era.
The Application of Legal Protection for Victims of Rape in Marriage in Unregistered Marriages: Between Legal Certainty and Human Rights in Indonesia Nurfadhilah Nahe; Yerik Tungatarov; Naimah Mohamad Nasir; Diana Farid; Muhammad Husni Abdulah Pakarti
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 3 (2026): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i3.559

Abstract

Unregistered marriages remain a legal issue in Indonesia, as they place women in a more vulnerable position when they become victims of marital rape. Although Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT), Law No. 12 of 2022 on Sexual Violence Crimes (TPKS), and the National Criminal Code provide a legal basis for protection against domestic sexual violence, prior research has largely focused on normative aspects and has not yet examined the implementation of legal protections for victims in unregistered marriages from a human rights perspective. This study aims to analyze the implementation of legal protections for female victims of marital rape in unregistered marriages and to identify obstacles affecting the effective fulfillment of victims' rights. A normative legal research method was employed, utilizing statutory, conceptual, case-based, and human rights approaches. The findings indicate that, normatively, victims are entitled to protection under the PKDRT Law, the TPKS Law, and the National Criminal Code, regardless of their marriage registration status. However, implementation remains suboptimal due to administrative hurdles in proving the marital relationship, victims' low legal awareness, patriarchal culture, limited access to protection services, and the inconsistent application of a gender perspective by law enforcement officials. This study contributes by highlighting the gap between normative guarantees and law enforcement practices, while emphasizing the importance of policy reform aimed at effectively and equitably protecting victims' rights.
The Failure of the Realization of Maqāṣid al-Nikāḥ as a Reason for Divorce in Contemporary Households Muhammad Faqih Faiq Nurrus Falah; Arif Husnul Khuluq; Amjad Hamad Abdullah; Sajjad Hussain
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 3 (2026): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i3.578

Abstract

Divorce is a family law issue that reflects the non-achievement of marital goals and is influenced by various legal, social, and relational factors. This study aims to analyze maqāṣid al-nikāḥ as a benchmark for household success and evaluate the suitability of the reasons for divorce in Indonesia's positive law with the substantive goal of marriage. This study uses normative legal methods with a statutory and conceptual approach. Data were collected through literature studies on laws and regulations, Compilation of Islamic Law (KHI), and relevant literature, then analyzed descriptive-analytically. The results of the study show that maqāṣid al-nikāḥ can be used as an evaluative framework to assess the success and failure of the household through the achievement of peace (sakinah), affection (mawaddah wa rahmah), fulfillment of the rights and obligations of husband and wife, family protection, and sustainability of benefits. The reasons for divorce in Indonesian positive law have basically accommodated most of these dimensions through concrete juridical indicators, such as constant disputes and quarrels, neglect, and violations of marital obligations. However, maqāṣid al-nikāḥ has not been explicitly formulated as an integrative framework in regulating the grounds for divorce. This study confirms that the integration of the perspective of maqāṣid al-nikāḥ can strengthen the interpretation of divorce law that is oriented towards justice and benefit. Therefore, it is necessary to strengthen substantive considerations based on the purpose of marriage in the examination of divorce cases, without overriding legal certainty, protection of the rights of the parties, and applicable legal provisions.

Page 6 of 6 | Total Record : 59

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