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POSITA
Published by Sekolah Tinggi Ilmu Syariah Ummul Ayman
ISSN : 29882958     EISSN : 29882338     DOI : https://doi.org/10.52029/pjhki
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Posita: Jurnal Hukum Keluarga Islam (EISSN. 2988-2338) is an open-access journal published by Sekolah Tinggi Ilmu Syarian Ummul Ayman Pidie Jaya, Aceh, Indonesia. This journal publishes research articles within the scope of Islamic Family Law which are published twice a year, namely in June and December. This journal is a forum for researchers around the world to publish the results of their research in the field of Islamic Family Law in the form of scientific articles. Posita: Jurnal Hukum Keluarga Islam has the ambition to become a quality scientific journal and aspires to present scientific articles that can be used as reference material for researchers as well as recommendation material for policymakers in the field of Islamic Family Law. Information about submitting articles in this journal can be seen in the writing guidelines available in the journal. Incoming articles will go through a review process by reviewers to then be considered for publication.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 3 No. 2 (2025)" : 5 Documents clear
Analisis Integratif Sistem Peradilan Nasional tentang Pelaksanaan Mediasi dalam Kasus Perceraian yang Diajukan oleh Istri di Pengadilan Agama Putra, Muhammad Zidan Arzaki; Kaha, Humaidi
Posita: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 (2025)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v3i2.376

Abstract

Divorce lawsuits filed by wives in Indonesia’s Religious Courts reflect evolving social dynamics and increasing legal awareness among women. Although mediation is mandated by PERMA No. 1 of 2016 and updated by PERMA No. 3 of 2022, its effectiveness in divorce cases remains questionable. This study aims to examine whether the current mediation system ensures substantive justice for women as plaintiffs and to identify the normative and structural challenges that hinder the integration of mediation into the national judicial system. Using a normative-empirical approach, this research analyzes legal norms, empirical data, and the socio-psychological context faced by women who file for divorce. Findings reveal that mediation is often reduced to a formalistic procedure, lacking sensitivity to gender dynamics and failing to provide a safe and equitable space for women. Normative barriers include the absence of gender-responsive regulations, while structural obstacles include insufficient training, lack of qualified mediators, and inadequate facilities. To overcome these challenges, an integrative approach is essential—one that combines legal, psychological, cultural, and gender perspectives. Reform strategies include regulatory revision, gender-based mediator training, multidisciplinary collaboration, and enhanced institutional support. Such reforms are expected to transform mediation into a more effective, fair, and human-centered mechanism for resolving marital disputes initiated by women.
Kontruksi dan Deskontruksi Hukum Talak dan Kompilasi Hukum Islam: Studi Kritis atas Praktik Yudisial di Pengadilan Agama Sofiyan, Mukhammad Afrizal; Kaha, Humaidi
Posita: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 (2025)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v3i2.378

Abstract

This study aims to critically examine the construction and deconstruction of divorce law (talak) within the Compilation of Islamic Law (KHI) and its judicial application in Religious Courts. As a source of positive law in Islamic judicial practice, KHI largely reflects the classical fiqh paradigm, which grants unilateral divorce rights to husbands. However, in practice, several judges have begun to reinterpret and deconstruct these norms to achieve substantive justice, especially for women. This research employs a normative-juridical and sociological approach, using data collected through document studies and in-depth interviews with judges and legal practitioners. The findings reveal a tension between the normative provisions of KHI and the social realities encountered in courtrooms. Judges tend to adopt a progressive, justice-oriented approach in divorce rulings, despite the constraints imposed by a conservative legal framework. These findings highlight the urgent need to reformulate divorce law in the KHI to better align with contemporary values of justice and gender equality.
Talak Via WhatsApp dalam Perspektif Mazhab Syafi’i dan Maliki: Studi Komparatif tentang Keabsahan dan Implikasinya Fithoroini, Dayan
Posita: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 (2025)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v3i2.391

Abstract

This study provides a comprehensive analysis of the differing approaches between Shafi'i and Maliki schools of thought regarding digital talaq, with particular focus on modern communication platforms like WhatsApp. Employing qualitative research methods through textual analysis of classical fiqh books and contemporary fatwas, the research reveals paradigmatic differences between these two schools. The findings indicate that while the Shafi'i school recognizes digital talaq as a contemporary form of written divorce (kitabah) emphasizing clear intent and message substance, the Maliki school maintains strict formal requirements including witnesses and identity verification. The study highlights the dilemma between legal flexibility and sharia certainty, where the Shafi'i's adaptive approach may create interpretive ambiguity, while Maliki's rigidity potentially limits justice access for marginalized communities.
Dampak Perkawinan Usia Dini terhadap Kesejahteraan Keluarga (Studi Kasus di Kecamatan Wonoasih Kota Probolinggo) Warda, Zahroil; Romli, Ahmad Syaifuddin
Posita: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 (2025)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v3i2.395

Abstract

The phenomenon of early marriage remains prevalent in various regions of Indonesia, including Wonoasih District, Probolinggo City, despite the government’s regulation of the minimum marriage age through Law Number 16 of 2019. This study aims to analyze the impact of early marriage on family welfare, focusing on economic aspects, psychological harmony, as well as children’s education and future. The research employed a qualitative method with a case study approach through interviews, observation, and documentation involving 6 female informants who were married at the age of 16–19, with educational backgrounds ranging from elementary to senior high school, and occupations as housewives, factory workers, and domestic helpers. The results indicate that early-married couples experience economic vulnerability due to low educational attainment and unstable income, which affects their ability to meet basic family needs. Psychologically, emotional immaturity leads to frequent household conflicts, stress, and even divorce. Furthermore, the interruption of education, particularly among women, reduces the family’s human capital accumulation, while children born from early marriages are at risk of developmental delays due to suboptimal parenting. These conditions affirm that early marriage has multidimensional consequences that weaken family welfare. Therefore, integrated interventions through education, economic empowerment, and cultural value strengthening are necessary to prevent and mitigate its negative impacts.
Analisis Dampak Perceraian Anak Terhadap Keluarga (di Desa Cililitan Kecamatan Picung) Warsih, Warsih; Irodat, Ahsan; Mustafid, Hidayat
Posita: Jurnal Hukum Keluarga Islam Vol. 3 No. 2 (2025)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v3i2.407

Abstract

This study aims to explore the factors contributing to divorce and formulate effective solutions for resolving domestic conflicts in Cililitan Village, Picung District. Utilizing a descriptive qualitative approach, data were collected through in-depth interviews with five women who experienced divorce between 2022 and 2024. The findings reveal that the primary causes of divorce in this area are ongoing disputes and prolonged financial pressures. The impact of divorce is not only felt by the couples but also by their children, who suffer from psychological distress, and by the mothers, who often bear the emotional and financial burdens of raising their children alone. As a preventive effort, active involvement of all family members is essential in building a healthy and harmonious relationship. Open communication, mutual understanding, compromise, and respect for personal boundaries are key to fostering family resilience. In addition, emotional management skills and the willingness to seek professional support are crucial steps to maintaining family unity and preventing divorce.

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