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Nur Rohim Yunus
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al Hairy | Journal of Islamic Law
Published by Yayasan Pesantren Islam Literasi Nusantara
ISSN : -     EISSN : 30906865     DOI : https://doi.org/10.64344/hry
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Al Hairy | The Journal of Islamic Law is an academic journal that focuses on the study of Islamic law, aiming to develop scientific research through the publication of original research as well as critical analysis of contemporary issues in the field. This journal opens up space for contributions from scholars, academics, and researchers who are committed to strengthening the study of Islamic law in various scientific perspectives. Here are some of the main focuses in the study of Islamic Law: Islamic Family Law The Law of Waqf and Zakat Sharia Banking Law Comparative Law of Madhhab Islamic Criminal Law Islamic Constitutional Law Islamic Civil Law Islamic Judicial Law Islamic Law and Politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
 1   2 
Maqāṣidī's Approach to Qiwāmah and Nafaqah: Finding Gender Justice in Modern Islamic Family Law Awalul, Abdurrohman; Mawariza, Putri; Ardian Syah , Jefry; Nuranisah, Nuranisah
al Hairy | Journal of Islamic Law Vol. 1 No. 2 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i2.69

Abstract

This study reviews the concepts  of qiwāmah (husband's leadership) and nafāqah (maintenance obligation) in Islamic family law through the maqāṣid al-sharī'ah  approach as an effort to find gender justice in the context of the modern Muslim family. Historically, both concepts have often been interpreted hierarchically and patriarchally, which has an impact on the inequality of roles and rights between men and women. This research aims to reinterpret the meaning of qiwāmah and nafāqah based on the principles  of maqāṣid al-sharī'ah such as ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-'ird, so as to give birth to a more substantive and contextual understanding. Using a qualitative-descriptive method based on literature studies, this study examines classical and contemporary sources, including the thought of al-Ghazālī, Ibn 'Āshūr, and Jasser Auda. The results of the study show that the maqāṣidī  approach is able to shift the meaning of qiwāmah into a collective moral responsibility and nafāqah as a participatory economic responsibility. These findings confirm that gender justice in Islamic family law is not a form of liberalization, but rather the actualization of the sharia's benefit-oriented goals (maṣlaḥah). This research makes a conceptual contribution to the development of contemporary Islamic law methodologies and offers a basis for reforming family law norms in Indonesia to be more responsive to the values of equality and justice
Prenuptial Agreement as A Protection of Wife's Rights: Maqāṣid al-Syarī 'ah'ah's Analysis of The MUI Fatwa and The Constitutional Court's Decision Sulaiman, Heri; Lubis, Rahmad; Muhammad, Muhammad; Dewi, Sri; Sriani, Arlina
al Hairy | Journal of Islamic Law Vol. 1 No. 2 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i2.70

Abstract

This article examines the legal position of prenuptial agreements as an instrument for the protection of wife's rights in Islamic family law in Indonesia. Since the Constitutional Court Decision No. 69/PUU-XIII/2015, the urgency of the prenuptial agreement has increased because it is declared valid both before and after marriage. However, its role has not been fully understood as a protection mechanism for wives, especially in family economic justice. This study aims to analyze the legal position of prenuptial agreements in the perspective of the MUI Fatwa and the Constitutional Court Decision and evaluate its relevance through maqāṣid al-syarī'ah. The research method uses a normative qualitative approach through conceptual and juridical analysis. The results of the study show that the two legal instruments affirm the protection of wives on different grounds of argument: the MUI fatwa emphasizes sharia benefits and moral protection, while the Constitutional Court Decision affirms constitutional equality and distributive justice. Through the analysis of maqāṣid, the pre-marriage agreement has a preventive function that ensures the protection of property (ḥifẓ al-māl), the dignity of women (ḥifẓ al-'irḍ), and fair economic participation. Thus, the prenuptial agreement needs to be interpreted as a maqāṣid-based legal tool, not just an administrative agreement, but a substantive justice mechanism in contemporary Islamic family law,

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