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Dedy Setiawan
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Journal of Islamic Family Law
Published by Sekolah Tinggi Agama Islam Kuningan
ISSN : -     EISSN : 30896428     DOI : https://doi.org/10.59784/jifl.v1i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This journal aims to provide a comprehensive platform for scholarly discourse on the multifaceted aspects of Islamic Family Law. It welcomes research that critically examines the legal interpretations, social outcomes, and practical implementations of Islamic family principles in contemporary contexts. The scope of the journal encompasses, but is not limited to, the following key areas: Marriage and Divorce: Legal and social dynamics of polygamy, evolving practices of marriage contracts, and the role of mediation in conflict resolution, including divorce mediation. Family Relationships and Rights: Analysis of inheritance rights for women, modern approaches to child custody (including in the digital age), and the legal protection for victims of domestic violence. Contemporary Challenges and Adaptations: Research exploring the impact of socioeconomic factors, the influence of customary practices, and the role of Islamic family law in addressing issues arising from the pandemic and the digital age. Comparative and Interdisciplinary Perspectives: Studies that offer comparative analyses across various jurisdictions and integrate insights from diverse fields to understand the complex interplay between tradition, gender justice, and modern needs within Islamic family law. The journal encourages submissions that contribute to a deeper understanding of how Islamic family law adapts to evolving societal norms while upholding its core principles, fostering justice and welfare within families.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Polygamy and Socioeconomic Factors in Islamic Family Law: Legal Interpretations and Social Outcomes Mahmud, Jihanu Rofifah
Journal of Islamic Family Law Vol. 1 No. 1 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i1.1

Abstract

This research aims to explore how socioeconomic factors influence the interpretation and practice of polygamy within Islamic family law and examine the resulting social impacts on families and communities. Purposive sampling technique is used to select jurisdictions with varying socioeconomic contexts. Semi-structured interviews with religious scholars, legal experts, and affected individuals will provide qualitative insights into the lived experiences of those involved in polygamous marriages. Data analysis will be conducted using thematic analysis to identify recurring themes and patterns, focusing on how socio-economic factors shape legal interpretations and social outcomes for families. The findings indicate that while Islamic law provides a framework for regulating polygamies, the socio- economic context significantly influences its interpretation and enforcement. The study suggests that Islamic jurisdictions implement more stringent financial requirements, similar to the practices in Morocco and Malaysia. This study underscores the need for legal frameworks that are sensitive to socioeconomic realities, emphasizing the importance of financial stability as a criterion for polygamic marriages to align with Islamic principles of fairness.
Divorce Mediation in Islamic Family Law: Assessing the Role of Religious Mediation in Conflict Resolution Sulistiawati, Lina
Journal of Islamic Family Law Vol. 1 No. 1 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i1.2

Abstract

This study examines the role of religious mediation in divorce cases within Islamic family law, analyzing how it contributes to conflict resolution and whether it aligns with contemporary standards of justice and fairness. A qualitative research approach is employed to collect data from multiple Islamic jurisdictions, focusing on how religious mediation is implemented in practice. Interviews were conducted with mediators, legal professionals, and participants from Saudi Arabia, Malaysia, Indonesia, and Egypt, aiming to capture diverse perspectives on religious mediation's effectiveness in resolving marital disputes. The results of the analysis indicate that religious mediation serves as an essential mechanism for conflict resolution, reflecting a balance between traditional Islamic values and contemporary needs for fair dispute resolution. The findings could serve as a reference for legal scholars, policymakers, and religious authorities who aim to improve the effectiveness of mediation within an Islamic framework.
The Evolving Practice of Marriage Contracts in Islamic Family Law: Customary Influences and Legal Implications Tamamiyah, Lutfiyatut
Journal of Islamic Family Law Vol. 1 No. 1 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i1.3

Abstract

Islamic family law is a foundational framework for marriage contracts, which is influenced by local customs. This study aims to explore how these customary influences shape the practice of marriage contracts and examine the legal implications of such variations, focusing on the balance between religious adherence and cultural adaptation. The study employs a qualitative approach to analyze the evolving practice of Islamic marriage contracts across diverse cultural contexts, identifying trends and challenges in balancing religious guidelines with local traditions. The results suggest that Islamic family laws, when flexible, can accommodate diverse cultural landscapes while maintaining the essence of religious guidelines. Additionally, the study suggests developing guidelines that balance respect for cultural traditions with adherence to core Islamic principles. The research highlights the importance of a balanced approach that respects cultural traditions while ensuring that Islamic principles of justice and fairness are upheld. This research provides valuable insights for legal scholars, policymakers, and religious authorities who are navigating the challenges of aligning traditional Islamic values with contemporary legal standards.
Inheritance Rights of Women in Islamic Family Law: Comparative Analysis Across Jurisdictions Putra, Dwi Rayhan Sunandar
Journal of Islamic Family Law Vol. 1 No. 1 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i1.4

Abstract

This study aims to provide a comparative analysis of women's inheritance rights under Islamic family law across various Islamic jurisdictions. A purposive sampling technique is employed, aiming to select cases and legal documents that provide comprehensive insights into the comparative aspects of the inheritance rights of women. The data analysis is conducted using thematic analysis to identify patterns, similarities, and differences in the inheritance practices, legal interpretations, and the impact of reforms. The findings suggest that the strict or flexible application of the law in the Islamic family system correlates with each jurisdiction's socio-cultural and legal environment. The study concludes that the inheritance right of women in Islamic family laws exhibits significant variation across jurisdictions, influenced by cultural, socio-economic, and legal contexts. This study suggests that jurisdictions should consider adopting flexible legal reforms, focused on judicial discretion and family agreements to create more equitable inheritance distributions for women. This research may serve as a valuable resource for legal scholars, policymakers, and activists who are engaged in advocating for gender equality within Islamic legal systems.
The Role of Islamic Family Law in Modern Child Custody Cases: Balancing Sharia Principles with Contemporary Needs Safii, Nur Muhammad; Kaur, Gagandeep
Journal of Islamic Family Law Vol. 1 No. 1 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i1.5

Abstract

Islamic Family Law has been widely used in the field of child custody, balancing traditional Sharia principles with contemporary child welfare needs. This study, therefore, aims to provide a comprehensive analysis of the role of Islamic family law in modern child custody cases, specifically focusing on how traditional values can be integrated with modern child welfare concerns. This research uses a qualitative research approach to explore the intersections between Islamic family laws and contemporary family dynamics, including the Qur'an and Hadith, as well as classical jurisprudential interpretations from major Islamic schools of thought. Thematic analysis is used to identify recurring themes and patterns related to Islamic legal principles in custody cases and the influence of modern legal standards and the impact of social changes on custody practices. The analysis also uncovers significant challenges in cases involving divorced or separated parents residing in different countries. The study concludes that the integration of traditional child welfare standards, such as prioritizing the child's emotional health, educational needs, and, where appropriate, considering the children's preference, enhances the applicability of Islamic Family law in addressing complex custody issues. This situation brings to light the importance of understanding how Islam can be harmonized with secular laws to provide solutions for Muslim families living in non-Muslim societies, especially when navigating child custody issues that are both legally and religiously sensitive.
Implementation of Mediation in Family Dispute Resolution Based on Islamic Law: Practices and Innovations in the Modern Era Amaliah, Fitri
Journal of Islamic Family Law Vol. 1 No. 2 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i2.6

Abstract

The resolution of family disputes based on Islamic law faces many challenges, including the rising divorce rates in Indonesia and a lack of understanding of the mediation process. Mediation as an alternative dispute resolution becomes relevant in this context. This study aims to analyze the practices of mediation in resolving family disputes and explore innovations that can enhance the effectiveness of this process in the modern era. This research employs a qualitative approach using semi-structured interviews, observations, and the distribution of questionnaires. Respondents include mediators, disputing parties, and legal practitioners, with thematic analysis techniques applied for qualitative data and descriptive statistical analysis for quantitative data. The findings indicate that mediation offers an opportunity for effective and efficient dispute resolution. However, significant challenges remain, including a lack of legal understanding, limited training for mediators, and social stigma associated with the mediation process. Innovations such as the use of online mediation applications show potential for improving accessibility and effectiveness. This study recommends enhancing education and training for mediators, as well as developing guidelines for the use of technology in mediation to increase public trust in the process.
Legal Protection for Victims of Domestic Violence in Islamic Law-Based Countries: A Comparative Review Anwar, Saeful
Journal of Islamic Family Law Vol. 1 No. 2 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i2.7

Abstract

Domestic violence (DV) is a serious social issue that impacts the health and well being of victims. In Islamic law based countries, legal protection for DV victims is often impeded by social stigma, cultural norms, and legal challenges. This study aims to analyze the legal protection available for DV victims in Indonesia, Malaysia, and Saudi Arabia, as well as to explore the effectiveness of the approaches adopted by each country. A qualitative approach was employed, utilizing in-depth interviews and analyzing relevant secondary data. Respondents included DV victims, NGO activists, and legal practitioners. The findings indicate that, while each country has a legal framework in place to protect victims, the application and effectiveness of these frameworks vary significantly. In Indonesia, a preventive approach is hindered by limited law enforcement. In Malaysia, although strict penalties are available, stigma prevents victims from reporting incidents. Meanwhile, in Saudi Arabia, despite legal reforms, cultural interpretations often confuse victims regarding their rights. This conclusion highlights the need for legal reforms that are more sensitive to cultural contexts and for increased collaboration between the government and civil society organizations to enhance effective protection for DV victims.  
The Issue of Polygamy in Islamic Family Law: Between Tradition and Gender Justice on the International Stage Fahira, Siti Hapsah
Journal of Islamic Family Law Vol. 1 No. 2 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i2.8

Abstract

The issue of polygamy in Islamic family law has become a complex topic of debate, particularly concerning gender equality and women's rights in the context of international law. Although polygamy is permitted under Islamic law, its application often conflicts with the gender equality principles expected in modern societies. This study aims to analyze the dynamics between Islamic family law traditions and international demands for gender justice regarding the practice of polygamy. The objective of this research is to understand how Islamic family law regulates polygamy and its impact on gender justice, as well as to explore how countries with Muslim majorities adapt international principles concerning women's rights in the practice of polygamy. This research employs a descriptive qualitative approach, utilizing data collection techniques that include in-depth interviews and document analysis. The countries selected for this study are Indonesia, Saudi Arabia, the United Arab Emirates, and Turkey, which represent various legal approaches to polygamy. The study reveals that while there are restrictions on the application of polygamy in some countries, the practice continues to create tension between tradition and gender equality demands. Countries with Muslim majorities need to reform their policies to protect women's rights and ensure that Islamic family law can be adapted in line with international principles.
Dynamics of Child Custody from the Perspective of Islamic Family Law in the Digital Age: Challenges and Solutions Shobichah, Shobichah
Journal of Islamic Family Law Vol. 1 No. 2 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i2.9

Abstract

The advancement of digital technology has significantly transformed the dynamics of Muslim family life, particularly in child custody issues after divorce. New challenges emerge as parents are required not only to fulfill the physical and emotional needs of the child but also to ensure their safety in digital spaces. However, Islamic family law in Indonesia, as codified in the Compilation of Islamic Law (KHI), has yet to address digital dimensions in child custody arrangements specifically. This research aims to reassess the concept of child custody within Islamic family law, incorporating digital-age challenges, and to formulate practical solutions based on the principles of maqasid al-shariah. Employing a normative juridical and empirical sociological approach, this research gathers data through literature review, in-depth interviews, questionnaires, and field observations involving 30 post-divorce families from urban and semi-urban areas. Findings reveal that most custodial parents exhibit low to moderate levels of digital literacy, which weakens their ability to supervise children's online activities effectively. From a normative perspective, the absence of digital competence indicators in custody rulings creates a legal and protective gap for children. This research proposes a Digital-Responsive Custody Framework as an alternative model for Islamic family law that is more aligned with contemporary challenges.
The Role of Islamic Family Law in Protecting Women and Children in the Context of the Pandemic: Case Studies in Developing Countries Lutfia, Lubna; B, Fowler
Journal of Islamic Family Law Vol. 1 No. 2 (2025): Journal of Islamic Family Law
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/jifl.v1i2.10

Abstract

The COVID-19 pandemic has posed various challenges for women and children, including increased cases of violence and difficulties in accessing legal services. Islamic family law plays a crucial role in protecting the rights of Muslims in this context. This study aims to analyze the role of Islamic family law in safeguarding women and children in developing countries during the pandemic, while examining the impact of parents' legal knowledge on their children's well-being. This research employs a qualitative method with a case study approach, involving semi-structured interviews and questionnaires distributed to 30-50 respondents, including women experiencing violence and legal activists. The findings indicate that approximately 70% of respondents are aware of their legal rights; however, many face barriers, including social stigma and complex legal procedures. Additionally, children from families with higher legal knowledge exhibit better well-being compared to those from families with lower legal knowledge. This study recommends better legal education and reforms in the legal system to enhance protections for women and children.

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