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Program Studi Hukum Keluarga Islam Fakultas Syari'ah Universitas Islam Tribakti Lirboyo Kediri. Jl. KH. Wahid Hasyim 62 Kediri Telp. (0354) 772879 Jawa Timur 64114 Indonesia
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Legitima : Jurnal Hukum Keluarga Islam
Published by Universitas Islam Tribakti Lirboyo Kediri
ISSN : 26554909     EISSN : 2656565X     DOI : https://doi.org/10.33367/legitima.v7i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Focus Legitima: Jurnal Hukum Keluarga Islam presents scholarly works that focus on contemporary issues of Islamic family law in Indonesia and Muslim countries from various perspectives, including theoretical and practical studies. Scope Legitima: Jurnal Hukum Keluarga Islam accepts writings from scholars on theories, concepts, philosophies, and community practices, including: - Marriage - Divorce - Property in marriage - Child rearing - Family rights and obligations - Inheritance and Wills (washiah) - Gender Studies
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 98 Documents
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Sexual Ethics, Medical Risks, and Marital Harmony: An Analysis of Oral Sex from the Perspectives of Bioethics and Islamic Family Law Abdulraheem Abdulwahid Yusuph; Isa Olawale Solahudeen
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.6886

Abstract

Purpose – This article discusses the practice of oral sex in marriage as a contemporary issue that reveals normative tensions between medical bioethics and Islamic family law. This study aims to analyze the practice of oral sex not only from the perspective of Islamic law but also by considering the medical risks, sexual ethical dimensions, and its impact on husband-wife relations within the framework of contemporary Islamic family law. Methods – This qualitative study with a normative legal research type uses an interdisciplinary approach, including fiqh and Islamic family law approaches, Islamic bioethics, and medical bioethics studies based on international scientific literature. Data were obtained through a literature study of classical and contemporary Islamic legal sources, as well as national and international journal articles in the fields of bioethics and sexual health, which were analyzed normatively, analytically, and comparatively using the maqāṣid al-sharī‘ah framework. Findings – This study confirms that the practice of oral sex in marriage must be analyzed multidimensionally, considering medical risks, sexual ethics, and the quality of the husband-wife relationship. Medical bioethics findings indicate potential health risks that require caution, while Islamic bioethics and maqāṣid al-sharī‘ah provide a normative framework that emphasizes the protection of life, human dignity, and family welfare. Simultaneously, contemporary Islamic family law analysis reveals that the impact of oral sex on marital relations is highly dependent on the principles of equal consent, open communication, and balance of power in the relationship. Research implications – This finding implies the need for a reconstruction of sexual ethics in Islamic family law that is not permissive without limits but also does not reject medical science findings, instead integrating them critically for the benefit of the family. Originality/value – The originality of this research lies in its integrative approach to examining oral sex through a synthesis of medical bioethics, Islamic bioethics, and contemporary Islamic family law, thereby offering a more comprehensive and relevant normative-ethical perspective on Islamic law in the modern era.
Marriage Registration as a Legal-Political Arena in Islamic Family Law: Reinterpreting Maṣlaḥah Mursalah within Modern Legal Systems Mukhamad Suharto; Nur Kholis; Ahmad Rezy Meidina; Muhammad Hasan Mahmud
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.7891

Abstract

Purpose – This article examines marriage registration in Islamic family law by positioning it as a legal-political arena, rather than merely an administrative requirement. Employing a qualitative socio-legal approach, this study investigates how the modern state constructs compulsory marriage registration as a mechanism for integrating Islamic norms, public interest, and legal pluralism. The analysis combines normative Islamic legal inquiry, historical examination of regulatory developments, and legal-political theories—particularly John Hart Ely’s representation-reinforcing theory, Savigny’s historical jurisprudence, and Mahfud MD’s contextual legal-political framework. Methods– This study employs a socio-legal method to examine marriage registration as a legal, social, and political construct within the framework of Islamic family law. Findings – The findings demonstrate that marriage registration signifies the transformation of Islamic family law from a community-based legal order into a state-centered legal system oriented toward rights protection, legal certainty, and social justice. From the perspective of maṣlaḥah mursalah and maqāṣid al-sharī‘ah, marriage registration functions as a legal mechanism to safeguard vulnerable groups, especially women and children, while simultaneously serving as a state instrument for shaping a legally recognized and administratively ordered family structure.  Research implications – The main contribution of this article lies in proposing an analytical framework that conceptualizes marriage registration as a site of legal-political negotiation between the state, religion and society. By foregrounding power relations, legal policy, and normative integration, this study advances contemporary scholarship on Islamic family law and highlights the political dimensions of the regulation of family institutions in Muslim societies.
Legal Pluralism and Marriage Dynamics in the Migrant Community in Port Numbay: Between Tradition, Law, and Contemporary Social Reality Eko Siswanto; Siti Qamariah Tiflen; Bilaly Sangare
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8051

Abstract

Purpose - This study aims to reveal the dynamics of marriage among migrant communities in Port Numbay (Jayapura) using a legal pluralism framework to analyze the interaction between tradition, legal provisions, and contemporary social realities in marriage practices. Migration to Papua has formed a new social configuration that displays differences in marriage norms and potential friction with local culture Method – A qualitative approach was used in this study, with research data obtained from observations and interviews with religious leaders, traditional leaders, academics, and legal practitioners. Data analysis was conducted using descriptive analysis methods within a legal pluralism framework. Findings – The main findings of this study show that the marriage practices of the migrant community in Port Numbay take place in various patterns, including marriages between members of the same ethnic group, between different ethnic groups, and mixed marriages with the local community. The problem of migrant marriages is the result of a complex interaction between socioeconomic pressures and legal pluralism, where state law, Islamic law, and local customary law operate simultaneously but are not yet effectively integrated. These tensions place couples, especially women, in a vulnerable position, requiring an approach based on legal pluralism and maqāṣid al-sharīʿah to strengthen contextual protection, justice, and resilience. Research implications – Legal awareness and the harmonization of customary norms with state regulations in marriage practices among migrant communities must be strengthened. Originality/value – This study highlights the unique dynamics of migrant marriages in the multicultural context of Port Numbay.
Family Resilience and the Prevention of Radicalism: A Maqāṣid al-Sharī‘ah Approach Based on Jasser Auda Saifurrijal, Nur Muhammad; Wafa, Muhammad Ali
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8067

Abstract

Purpose – This study analyzes the epistemological construction of maqāṣid al-sharī‘ah in the thought of Jasser Auda and examines its relevance for strengthening family resilience as a preventive framework against contemporary radicalism. It seeks to demonstrate how Auda’s systems-based maqāṣid paradigm can respond to latent, cognitive, and domestic forms of radicalization by reinforcing inclusive and moderate family values. Design/methodology/approach – This research adopts a qualitative library-based method with a descriptive-analytical approach. It critically examines Auda’s principal works on maqāṣid al-sharī‘ah and applies ijtihād maqāṣidī within the framework of uṣūl al-fiqh. The analysis emphasizes systems thinking, multidimensional reasoning, and the developmental orientation of Islamic law in addressing contemporary social challenges. Findings – The study finds that Auda’s reformulation of maqāṣid al-sharī‘ah shifts its orientation from classical ḥifẓ (protection) toward tanmiyah (development) and the realization of human dignity. In the context of family-based radicalism prevention, six interrelated indicators emerge: ḥifẓ al-dīn (balanced and tolerant religiosity), ḥifẓ al-nafs (psychological well-being and rejection of ideological violence), ḥifẓ al-‘aql (critical thinking and digital literacy), ḥifẓ al-nasl (healthy intergenerational relations), ḥifẓ al-māl (economic justice and ethical responsibility), and ḥifẓ al-usrah (family cohesion and moral accountability). Together, these dimensions form a maqāṣidī framework that enhances family resilience and functions as an epistemological safeguard against exclusivism and ideological rigidity. Research limitations/implications – While conceptually integrative, Auda’s maqāṣid framework remains largely normative and requires empirical operationalization. Future research should develop measurable indicators and apply them in family education, policy-making, and community-based prevention programs. Originality/value – This study offers a novel contribution by repositioning maqāṣid al-sharī‘ah as a family-centered preventive framework against radicalism, enriching contemporary Islamic legal discourse with a holistic and context-sensitive perspective.
Moral Negotiations and Islamic Family Law in the Digital Age: A Study of the Sugar Daddy Phenomenon Among Muslim Youth Ahmad; Naharuddin SR; Faisal Nur Shadiq Shabri
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8109

Abstract

Purpose – This study analyzes the phenomenon of sugar daddies among Muslim youth in the digital age and its implications for the construction and practice of Islamic family law. This study focuses on the increasing tension between transactional intimate relationships, as a consequence of economic inequality and digital platform mediation, and the fundamental principles of marriage in Islam, namely sakinah, mawaddah, and raḥmah, which form the normative basis for family formation in Islam. Method – Qualitative methods were used in this study. Primary data were collected through semi-structured interviews with 15 informants (eight sugar babies, four sugar daddies, and three Islamic law experts) in Indonesia’s Greater Jakarta area. The analysis used the theoretical framework of Islamic law, namely maqāṣid al-sharī‘ah (the objectives of Islamic law) and sadd al-dharī‘ah (prevention of harm). Findings – Thematic analysis shows that sugar dating is triggered by economic pressures (80%) and facilitated by the existence of digital platforms (70%). Analytically, this relationship represents a form of commodification of intimacy that has characteristics similar to practices prohibited in Islam (adultery and contract marriage) because it threatens the institution of marriage itself. The findings also revealed significant religious identity conflicts (feelings of guilt), reinforced power and gender inequalities, and increased health risks for women. These findings confirm that transactional intimate relationships tend to reproduce structural exploitation, with long-term implications for the erosion of fundamental Islamic family values. Research limitations – The small sample size and urban focus limit generalizability, although depth was prioritized for this sensitive topic. Originality/value – This study integrates sociological, digital technology, and Islamic fiqh perspectives by formulating several practical recommendations, including strengthening Sharia-based digital literacy and economic empowerment for youth.
Between Marital Property and Inheritance: Judicial Legal Reasoning of the Religious Courts in Resolving Post-Death Marital Property Disputes Winda Putri Prasmayanti; Safitri Mukarromah; Try Hardyanthi
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8170

Abstract

Purpose – This research analyzes the Purwokerto Religious Court's decision by examining the judges' legal reasoning in applying the principles of justice, legal certainty, and benefit in resolving disputes over joint property after death. In disputes over joint property after death, the main issue lies in determining the status of the property, whether it is joint property or inheritance, which affects the distribution of rights between the surviving spouse and heirs. Methods – This research uses a normative juridical method with a qualitative approach, using legal reasoning theory to analyze the Purwokerto Religious Court's decision No. 1655/Pdt.G/2020/PA.Pwt and interviewed the judges who handled the cases. The analysis also refers to the theories of joint property in Islamic and positive laws. Findings – The findings show that the panel of judges at the Purwokerto Religious Court applied both deductive and inductive legal reasoning to decide disputes over joint property after the death of one of the spouses. Deductive reasoning is reflected in the application of the Marriage Law, Compilation of Islamic Law (KHI), and Civil Code, which adhere to the principle of equal distribution. Inductive reasoning is applied through the assessment of evidence, witness testimony, and field inspections (descente), which resulted in only two assets being recognized as joint property, while other claims were rejected due to a lack of evidence. Claims related to personal property and inheritance were declared inadmissible on procedural grounds by the Court. Overall, this ruling demonstrates that judicial reasoning prioritizes legal certainty and evidentiary standards while ensuring substantive justice through the equal division of proven marital property. Research implications/limitations – This study can serve as a starting point for broader research with a larger number of decisions made.
Childcare, Single-Mother Sex Workers, and Islamic Family Law: Contemporary Realities Between Child Welfare and Social Stigma Aditya Ramadhan; Roqiyul Ma’arif Syam; Afif Muamar; Nazula Alfirahmah; Dede Al Mustaqim
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8239

Abstract

Purpose – Contemporary Ḥaḍānah practices are often confronted with complex social and economic realities. Childcare practices by Single mothers working as sex workers must bear full responsibility for childcare amid economic pressures and moral stigma. This study focuses on the tension between the principle of child welfare and the social marginalization of single mothers who are sex workers. Design/methods/approach – This research employs a qualitative field method with a case study. Primary data were collected through in-depth interviews and observations of four single mothers who worked as sex workers in Astana Village, Cirebon, Indonesia. The data were analyzed thematically using the interpretive framework of Qirā’ah Mubādalah and Maslow’s hierarchy of needs. Findings – The research findings show that the practice of ḥaḍānah by single sex worker mothers in Astana Village, Cirebon, Indonesia reflects a reciprocal caregiving relationship oriented towards the welfare of the child, as emphasized in the Qirā’ah Mubādalah perspective. Analysis using Abraham Maslow's Hierarchy of Needs Theory reveals that caregiving is carried out simultaneously and contextually through the fulfillment of physiological needs, safety, affection, and even the child's future aspirations, despite structural limitations. Research implications/limitations – These results confirm that the suitability of ḥaḍānah cannot be measured by the stigma of the mother's work but rather by her commitment and ability to fully meet the needs of her children. Originality/value – This research offers a novel interdisciplinary analysis integrating Qirā’ah Mubādalah and Maslow’s theory to reinterpret maternal resilience and justice in childcare, promoting a more compassionate and contextual understanding of Islamic family law.
Reconstruction of Islamic-Based Marriage Law Politics: A Comparison between Legal Traditions in the Middle East and Southeast Asia Abbas Sofwan Matlail Fajar; Karmawan; Nur Rohim Yunus
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8356

Abstract

Purpose - This article aims to analyze the reconstruction of Islamic-based marriage law politics through a comparative approach between the legal traditions of the Middle East and Southeast Asia. The study examines how legal politics shapes the codification of family law and the extent to which reconstruction is needed to address the challenges of justice and modernity. Method - This study employs a normative-comparative method, drawing on a legal politics approach and comparative Islamic law. The data are drawn from primary legal materials (marriage laws, Islamic legal compilations, and family regulations in Muslim-majority countries) and secondary legal materials, including academic literature. The analysis is conducted through content analysis and comparison of legal systems. Findings - The findings indicate that legal politics plays a dominant role in shaping Islamic-based marriage regulations. The legal tradition in the Middle East tends to preserve classical fiqh with a high degree of conservatism. In contrast, Southeast Asia is more adaptive through codification and harmonization with national legal systems. A reconstruction of legal politics is necessary to integrate the principles of maqāṣid al-sharīʿah with the demands of universal justice. Research Implications - This study contributes to the development of Islamic legal politics theory and serves as a reference for policymakers in formulating marriage regulations that are responsive to social dynamics. Originality/Value - This study offers a new perspective on the reconstruction of Islamic-based marriage law politics through a cross-regional comparative analysis, a subject rarely examined in depth in contemporary Islamic legal literature.

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