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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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Comparative Study of the Law of Determining the Nasab of Children Outside of Marriage; Perspective of Family Law in Malaysia and Yemen Azizi, Hendi Hilmi
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2023): 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.v6i1.4811

Abstract

Purpose – In marriage regulations, children are divided into two categories, namely legitimate children and illegitimate children. Therefore, this study will examine the nasab status of children out of wedlock in Malaysia and Yemen. Methods – The research method used is a literature study, namely the process of collecting data and information using various sources available in the library, such as books, hadith, and various other written materials. Findings – The results show that in children out of wedlock or illegitimate children in Malaysia, the nasab (kinship) of children born to biological fathers less than six months of the child's age cannot be connected to their biological father. But the positive law of Malaysia issued a fatwa that those who do not have nasab with their biological father can be bin to Abdullah or Asmaul Husna. Similarly, the positive law of Yemen states that if a child is born in a valid marriage from a religious point of view and the birth is within six months, then the child can be related through the father and mother. If the child is born less than six months from the beginning of the marriage or marriage contract, then the child cannot be related through the father and can only be related to the mother. Research implications - Marriage is a bond, both physically and mentally, between a man and a woman, which aims to form a happy and lasting family based on tawhid. Therefore, marriage must be carried out as applicable law and registered, because this will have an impact on the child's status.
Analysis of Law No. 23/2004 and the Ideals of Elimination of Domestic Violence in Indonesia from the Perspective of Sadd adz-Dzari'ah Sunarto, Muhammad; Ali, Alfin Haidar; Rofikah, Nadiyah
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): 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.v6i2.5161

Abstract

Purpose - This research aims to analyze domestic violence using the concept of sadd adz-dzari'ah to find out whether domestic violence prevention efforts by the PKDRT Law are following the concept of sadd adz-dzari'ah. Methods - The research method in this study is based on the manhaji method, which is a method of solving problems by following the way of thinking and the rules of determining the law that has been compiled by the imam madzhab are sadd adz-dzari'ah. Findings - Based on the research results, it can be concluded that domestic violence is an intermediary or dzari'ah that can cause greater harm that must be prevented. Research implications - So the presence of the PKDRT Law is following the concept of sadd adz-dzari'ah because it is a prevention of domestic violence so as not to cause greater harm.
Marriage Registration in the Qur’an: Historical Insights and Contemporary Legal Relevance Maulidia Mulyani
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): 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.v6i2.5354

Abstract

Purpose – Explicitly, the rules for registering a marriage in the Al-Qur’an are not explained. However, if we trace the text through historical and interpretive aspects, some texts refer to marriage registration. This research presents two questions related to the historicity of marriage registration in Islam, the texts of marriage registration in the Al-Qur’an and its legal relevance in the contemporary era. Methods – This qualitative analysis is based on library research data that traces the history and texts of the Al-Qur’an related to marriage registration. Findings – This research concludes several findings: First, legal regulations for marriage registration in Islam are rarely found, but texts have been found that have meaning, even though they do not lead to marriage registration, so interpretation is needed. Second, marriage registration is then carried out in law to provide protection within the scope of family law practice. Research implications – Marriage registration is needed as a form of protection in family law practice in Indonesia. The background of the Al-Qur’anic texts is not explained due to certain conditions in the past, but in the search, it is implied that recording something makes things easier.
Resolving the Problems of Early Marriage in the Religious Courts: An Analysis of the Assessment of the Institute for the Protection of Women and Children Najib, Achmad; Sakirman; Fatarib, Husnul
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): 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.v6i2.5842

Abstract

Purpose – The main purpose of this research article is to analyze the significance of the assessment conducted by the Gunung Sugih Women and Children Protection Agency (LPPA) on marriage dispensation applications at the Gunung Sugih Class I B Religious Court. Methods – The Class 1B Gunung Sugih Religious Court serves as the location of a specific type of field research. This research used a juridical-empirical approach to gather information. Primary and secondary sources were used as data sources. Judges in charge of reviewing marriage dispensation cases and LPPAs who provided recommendations for judgment were the primary data sources. In contrast, all data not obtained from primary sources were considered secondary data sources in this study. Findings – The Women and Child Protection Agency (LPPA) of Gunung Sugih plays an important role in the marriage dispensation application process at the Religious Court Class I B Gunung Sugih. Their assessment is crucial as they conduct a thorough evaluation of the prospective bride and groom, taking into account their understanding of religious issues, psychological readiness, mental well-being, commitment to their future children, the stability of their children, and the family's financial situation. The ultimate goal is to ensure that decisions regarding marriage dispensation are taken following the principle of maslahah, which prioritizes the long-term welfare of both individuals and society.
Building a Sakinah Family of Qur'anic Memorizers: A Strategic Approach and Dynamics in the Framework of Contemporary Islamic Family Law Mukti, Digdo Aji; Thaib, Zamakhsyari bin Hasballah; Fahrozi; Ardi, Muh Zaitun; Ummah, M. Fijar Ishlahul
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): 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.v7i1.5892

Abstract

Purpose – This study examines the dynamics of al-Qur'an memorizing couples in Roudlatul Qur'an Islamic Boarding School in Metro City in building a sakinah family. This study aims to fill the gap in the literature regarding the influence of the practice of memorizing the Qur'an on family relationships and daily life in the context of contemporary Islamic family law. This study argues that the spiritual practice of memorizing the Qur'an can be a significant strategy in improving family harmony and emotional well-being, making it relevant to be used as a reference in a strategic approach to building a sakinah family in the modern era. Methods – This research utilized a phenomenological study to gain in-depth insight into the informants' experiences. Data were collected through semi-structured interviews with three couples who memorize the Qur'an and work as teachers at Roudlatul Qur'an Islamic Boarding School. The interviews were analyzed using thematic analysis to identify key themes and patterns relating to the impact of Qur'ānic memorization on contemporary family dynamics. Findings – This study reveals that the activity of memorizing the Qur'an contributes significantly to controlling emotions, creating inner calm, and increasing wisdom in family decision-making. Couples who engaged in this activity reported increased self-awareness as well as the ability to handle conflicts more calmly and wisely. These results support the view that listening to and memorizing the Qur'an not only reduces stress levels, but also promotes inner peace through mechanisms involving the release of natural endorphins and delta wave stimulation. These findings are relevant in the context of building a sakinah family in the environment of Pesantren Roudlatul Qur'an Metro City, particularly within the framework of contemporary Islamic family law. Research limitations – Some limitations of this study include the small sample size and focus on one particular location, which may affect the generalizability of the findings. Further research with a larger sample and various locations is needed to strengthen the conclusions. Originality – This study makes an important contribution to the literature on the role of spirituality in contemporary family dynamics. The results of this study show that Qur'an memorization not only has an impact on spiritual aspects, but also on emotional and psychological aspects, thus providing a strong foundation for achieving a sakinah family. This research also opens up opportunities for further research on how religious practices can be used to improve the quality of family life.
Contemporary Issues of Islamic Family Law: The Waithood Phenomenon and the Impact of the Sex Recession in Indonesia in Review of Sadd al-dzari'ah Muhammad Hafis; Elmiati, Nia; Syafitri, Juliani
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): 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.v7i1.6178

Abstract

Purpose – This research aims to examine the phenomena of waithood (delaying marriage) and sex recession as contemporary issues in Islamic family law in Indonesia. Both phenomena demonstrate complex social dynamics, which not only affect family structures but also have far-reaching impacts on social, cultural, religious and educational dimensions. Using the sadd al-dzari'ah approach, this research seeks to identify the root of the problem and offer solutions that are in accordance with the principles of Islamic family law. Methods - The research method used is juridical-normative with a philosophical and conceptual approach. The collection of legal materials uses document studies with prescriptive analysis techniques based on logic and deductive legal reasoning. The theory used is sadd al-dzari'ah. This theory was chosen because it is suitable to see the existing phenomenon. Sadd al-dzari'ah is a theory in Islamic law that prevents, prohibits, or closes the way of an act that is initially permitted but can cause damage. Findings - Based on this research, it can be concluded that Waithood is influenced by various factors, ranging from mental readiness, the feminism movement, social conditions, and the development of modernity to economic factors that are the impact of the contemporary era. Waithood has far-reaching potential impacts, including declining birth rates, demographic imbalances, and sex recessions. Sadd al-dzari'ah theory can be applied to prevent the negative impacts of Waithood and sex recession. Research implications - This study is expected to provide a new perspective in understanding the contemporary challenges faced by the younger generation and their implications for the sustainability of society and the state.
Understanding the Contemporary Social Construction of Sirri Marriages in Indonesia: An Analysis of Islamic Family Law Perspectives Wildan, David; Syamarina, Dini
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): 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.v7i1.6203

Abstract

Research problems and objectives – The phenomenon of sirri marriage or unregistered marriage is still rampant in Indonesia and its legality is still debated. Whereas marriage registration is intended to provide a guarantee of legal certainty for each individual in the family. In practice in the community, sirri marriages are caused by complex factors that form an interesting contemporary social construction to be studied from the perspective of Islamic family law. Purpose and Research methods - This study aims to socially examine the issue of sirri marriage in relation to state legal guarantees and benefits in contemporary Islamic family law. Using a qualitative research method with a normative-sociological approach, this study investigates the causal factors, social and legal implications of sirri marriages from the perspective of Emile Durkheim's Social Theory. Findings - The result of the research is a complex interaction between legal norms and community values in sirri marriage. Sirri marriages in contemporary Islamic family law studies, although often positioned as deviations from formal legal provisions, persist as socially accepted practices within specific cultural and religious contexts. Durkheim's concept of collective consciousness helps explain how societal norms and shared beliefs influence the legitimization of sirri marriages, even in the absence of state recognition. This phenomenon highlights the tension between formal legal frameworks and traditional social practices, underscoring the importance of understanding local values and social structures when addressing issues of legal pluralism. Research recommendations/contributions - This research underscores the need for public education on the importance of marriage registration as a bridge between religious principles and state regulations. The study's contribution lies in offering an integrative perspective that highlights the necessity of harmonizing religious norms with legal recognition to strengthen the protection of family rights within the legal framework of the state. Originality/value - Ultimately, this analysis advocates for a more nuanced and culturally sensitive approach to harmonizing legal regulations with the socio-religious realities of Indonesia's diverse society.
Post-Divorce Maintenance in Contemporary Islamic Family Law: An Empirical Study of Judges' Considerations at the East Jakarta Religious Court Aziz, Abdul; Nugraha, Iqbal Subhan; Hakim, Lukman
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): 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.v7i1.6429

Abstract

Purpose – This research aims to analyze the application of post-divorce maintenance in contemporary Islamic family law, focusing on an empirical study of judges' considerations at the East Jakarta Religious Court. This research will explore how judges consider the obligations of nafkah madhiyah, mut'ah, and iddah in divorce verdicts, as well as the legal and social implications for women involved in the process. Methods – This research uses a field research method with a case study approach with a focus on contemporary problems in family law. Data was collected through in-depth interviews with judges, clerks handling divorce cases, substitute clerks handling divorce cases, and analysis of relevant legal documents. Findings – The findings of this study indicate that the obligation to provide maintenance in the East Jakarta Religious Court serves as a protection of women's rights and as part of efforts to achieve social and gender justice in the contemporary era. The results of this study indicate that the application of financial provisions in Islamic law is essential to protect women's rights and reduce the potential economic hardship experienced after divorce. Research implications – Achieving equality and justice in gender relations requires reforms in legal policies and practices to be more responsive to women's needs, particularly in the context of divorce. This research makes a significant contribution to understanding the interaction between law, gender and social justice in society in an increasingly complex contemporary era. This research only focuses on cases in a particular region, so the results cannot be generalized to other contexts.
Contemporary Islamic Family Law Studies: An Analysis of the Inconsistency of Marriage Age Limits Between Law and Social Reality at the Mojokerto Religious Court Dewi, Dwi Ratna Cinthya; Fikriyah, Durrotul; Utsman, Muhammad Dzul Hilmi; Ningsih, Marlinda Ayu; Nasution, Alhafidh
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): 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.v7i1.6439

Abstract

Purpose - This study examines the inconsistency of the marriage age limit as regulated in the Marriage Law and PERMA Number 5 of 2019 concerning Reasons for Adjudicating Marriage Dispensation Cases. In addition, this study also analyzes the views of judges at the Mojokerto Religious Court regarding the application of marriage dispensation. It explores the dynamics of social reality that influence the practice of contemporary Islamic family law. Methods - This research is field research with an empirical juridical approach. Research is conducted by interviewing judges, lawyers, the community, and the Head of the Religious Affairs Office and analyzing laws and regulations. The analysis was carried out to identify inconsistencies in the rules for marriage age limits and marriage dispensation contained in Article 7 paragraph (2) of Law Number 16 of 2019 with PERMA Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications. Findings - This study concludes several findings: first, the scholars' opinions on the age limit of marriage vary, but some scholars have agreed to determine it as a means of mashlahah to answer problems in the contemporary era. Second, there are legal inconsistencies between Article 7 paragraph (2) of Law Number 16 of 2019 and PERMA Number 5 of 2019, namely the age limit for marriage and the application for marriage dispensation. Research Implications - The regulations on marriage dispensation have indeed been explained, but there is still a lack of clarity regarding the urgent reasons for applying. Therefore, detailed clarity is needed to answer these reasons so as not to cause legal disharmony and legal uncertainty.
Exploring the Diversity of Opinions in Contemporary Islamic Family Law: The Response of Islamic Civil Society Organizations in Banyumas to Changes in the Marriage Age Limit Halim, Iqrar Abdul; M. Wildan Fauzbika; Muchammad Abdur Rochman
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): 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.v7i1.6485

Abstract

Purpose - One of the consequences of the enactment of Law Number 16 of 2019 amending Law Number 1 of 1974 is the increase in applications for marriage dispensations, particularly in the Banyumas region. With this issue, the response of Islamic organizations is something that must be accommodated, because these organizations are currently the institutions that oversee and provide solutions to contemporary issues in the field of Islamic family law. Based on this premise, the research problem formulated is how Islamic organizations in Banyumas respond to the changes in the marriage age limits under Law Number 1 of 1974 amended by Law Number 16 of 2019 concerning Marriage Age Limits. Design/methods/approach - This study adopts a field research approach, where the primary method involves conducting interviews with several Islamic organizations in Banyumas, including Al Irsyad Al Islamiyah, Indonesian Islamic Da'wah Institute (Lembaga Dakwah Islam Indonesia/LDII), Muhammadiyah, and Nahdlatul Ulama. The object of this research is the response of Islamic organizations in Banyumas. Data collection is carried out using interview, observation, and documentation methods. The data gathered by the author is primarily sourced from interviews with these Islamic organizations in Banyumas. Findings - The findings of this study reveal that Islamic civil organizations in Banyumas express that the changes in marriage age limits pose no issues and are in agreement with the amendments. They argue that Islam does not impose absolute restrictions regarding marriage age, and the matter remains debatable among scholars (Ulama) within the realm of ijtihad (independent legal reasoning). Furthermore, they assert that determining these limits does not violate Islamic law, considering that maturity for marriage is also a factor, with the goal of achieving a harmonious family (Sakinah, Mawaddah, and Warrahmah) and raising future generations to be virtuous. This is in accordance with the principle of maqashid sharia as a paradigm of contemporary Islamic family law. Research implications/limitations - This research is limited to a field study whose object is Islamic civil organizations in Banyumas, including Muhammadiyah, Nahdlatul Ulama, LDII, and Al Irsyad Al Islamiyyah. Originality/value - This research is expected to contribute theoretically and practically to the development of legal construction regarding the age limit of marriage in Indonesia.

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