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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 18 Documents
 1   2 
Maqāṣidī's Approach to Qiwāmah and Nafaqah: Finding Gender Justice in Modern Islamic Family Law Abdurrohman Awalul; Putri Mawariza; Jefry Ardian Syah; 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 Heri Sulaiman; Rahmad Lubis; Muhammad Muhammad; Sri Dewi; Arlina Sriani
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,
Ban on Interfaith Marriage in Indonesia: an Analysis of Constitutionality in The Perspective of Islamic Law and Human Rights Parwoto Parwoto; Fajar Romadon; Baehaki Baehaki
al Hairy | Journal of Islamic Law Vol. 2 No. 1 (2026): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v2i1.102

Abstract

Interfaith marriage is a family law issue that continues to generate debate in Indonesia because it lies at the intersection of the protection of citizens' constitutional rights, religious values, and human rights principles. This debate has become increasingly prominent after the Constitutional Court, through Decision Number 24/PUU-XX/2022, affirmed the constitutionality of Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage. This study aims to analyze the constitutionality of the prohibition on interfaith marriage from the perspective of Islamic law and human rights and to examine the relevance of the Constitutional Court's decision to the principles of the Indonesian constitution. This research is a normative legal research with a statutory approach, a conceptual approach, a case approach, and a comparative approach. The legal materials are analyzed qualitatively through a descriptive-analytical method by reviewing laws and regulations, Constitutional Court decisions, international human rights instruments, and Islamic legal literature. The results of the study indicate that the prohibition on interfaith marriage is a constitutional legal policy because it is in line with the principle of Belief in One Almighty God as Indonesia's constitutional identity and is a form of open legal policy of lawmakers. From an Islamic legal perspective, this prohibition has a strong normative basis in the Qur'an, the Hadith, and the objectives of the maqāṣid al-syarī'ah (the principles of Islamic law), particularly the protection of religion, lineage, and the well-being of the family. Meanwhile, from a human rights perspective, this regulation cannot be classified as a human rights violation, but rather as a justifiable constitutional limitation as long as it meets the principles of legality, legitimate purpose, necessity, and proportionality. This research proposes the concept of constitutional fiqh as an integrative framework that harmonizes Islamic law, the constitution, and human rights in the formation of family law in Indonesia.
Commercial Sex Workers as A Household Economic Resilience Strategy in The Informal Sector Heri Sulaiman; Abdur Rouf; Riyadhul Hidayat; Yoga Rifaldi; Ipan Maulana
al Hairy | Journal of Islamic Law Vol. 2 No. 1 (2026): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v2i1.103

Abstract

The phenomenon of commercial sex work in the informal sector is a complex social issue because it lies at the intersection of economic realities, moral constructs, family resilience, and Islamic legal norms. Until now, commercial sex work has been more often understood through the perspective of morality and social deviance, while the structural factors underlying women's involvement in this work, such as poverty, limited access to formal employment, low education, and failure to meet family needs, have not received adequate attention. This study aims to analyze commercial sex work as a strategy for household economic resilience in the informal sector through the perspective of Islamic family law and the maqāṣid al-sharī'ah approach. This study uses a normative-empirical legal research method with a socio-legal approach that integrates analysis of the concept of livelihood in Islamic family law, the socio-economic realities of marginalized communities, and the dynamics of family economic resilience. The results show that women's involvement in commercial sex work in many cases is not solely an individual choice, but rather a form of economic adaptation that arises from structural pressures and limited employment options. Although the practice of prostitution is normatively contrary to the principles of Islamic law, the Maqāṣid al-Sharī'ah approach emphasizes the importance of considering humanitarian aspects, protection of life (ḥifẓ al-nafs), protection of property (ḥifẓ al-māl), and family sustainability in understanding this phenomenon. This research emphasizes that resolving the problem of commercial sex workers cannot be achieved solely through a repressive and moralistic approach, but requires a more comprehensive strategy that includes strengthening family resilience, empowering women economically, and providing access to decent employment. This study contributes to the development of contemporary Islamic family law discourse by presenting an integrative perspective between religious norms, social realities, and economic justice for vulnerable groups.
Divorce of Talaq Due to Toxic Relationship in The Household Perspective of Daf'u al-Dharar: An Analysis of Decision Number 429/PDT. G/2024/PA.MT Teguh Suratno; Afin Farna
al Hairy | Journal of Islamic Law Vol. 2 No. 1 (2026): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v2i1.104

Abstract

This study analyzes the judge's legal considerations in talaq divorce cases motivated by unhealthy domestic relationships and assesses its relevance to the principles of Daf'u al-Dharar. The focus of the research is directed at the Decision of the Metro Religious Court Number 429/Pdt.G/2024/PA.Mt. The research uses a juridical-normative method with a statutory approach, a case approach, and a conceptual approach. The primary legal material consists of court decisions, Government Regulation Number 9 of 1975, and the Compilation of Islamic Law. Secondary legal materials are in the form of journals and books on divorce, toxic relationships, fiqh rules, and maqashid al-shari'ah. The data was analyzed descriptive-analytically through the identification of legal facts, the assessment of ratio decidendi, and the interpretation of the principle of benefit. The results of the study showed that the judge granted the application verstek after the Applicant proved the existence of continuous disputes, separation of residence for about ten months, failure of peace, and no hope of living in harmony again. This fact fulfills Article 19 letter (f) of Government Regulation Number 9 of 1975 jo. Article 116 letter (f) of the Compilation of Islamic Law. The term toxic relationship is not used as a standalone legal reason, but serves as an analytical category to explain destructive communication patterns, loss of trust, emotional distress, and relationship fractures. Substantively, the verdict reflects Daf'u al-Dharar because divorce is placed as a last resort to stop psychic harm and protect the soul, intellect, dignity, and legal certainty of the parties.
Joint Property and Family Financial Disputes: A Shift from Formal Justice to Substantive Justice in Indonesian Islamic Family Law Muthmainah Muthmainah; Iqbal Subhan Nugraha; Nurlaila Nurlaila; Isnaeni Nurhalimah; Nur Faiqoh
al Hairy | Journal of Islamic Law Vol. 2 No. 1 (2026): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v2i1.105

Abstract

This research aims to analyze the legal and social dynamics related to common property (gono-gini), its distribution mechanism, and the settlement of family financial disputes in the Religious Court. This issue is important because of the increasing number of divorce cases accompanied by joint property lawsuits, which reflects the complexity of economic relations and gender equality in Muslim households in Indonesia. This study highlights how Islamic law and national law interact in realizing substantive justice in the division of assets post-divorce. The research uses a juridical-normative method with a conceptual and case approach. Data was obtained through a review of classical fiqh literature, laws and regulations, and decisions of the Religious Court in the last five years. The analysis was carried out by integrating the principles of maqāṣid al-syarī'ah, gender justice theory, and socio-economic considerations as the basis for assessing judicial practice. The results of the study show that joint property includes not only material assets, but also non-financial contributions such as domestic and emotional roles of the couple. In practice, Religious Court judges began to adopt a progressive approach by considering distributive justice and proportionality of contributions. This marked a paradigm shift from textual interpretation to a more humanistic approach to maqāṣid. The conclusion of the study emphasizes the need to reformulate Islamic family law to be more adaptive to the contemporary social context. The reform must ensure equal economic roles between husband and wife and encourage social justice in the distribution of common wealth.
Digital Family Integrity Framework (DFIF): an Islamic Family Law Framework for Muslim Families in The Social Media Era Miftah Farid; Umar Abdul Aziz; Iip Saepul Anwar; Aan Sastra; Syakiroh Syakiroh
al Hairy | Journal of Islamic Law Vol. 2 No. 1 (2026): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v2i1.109

Abstract

The development of social media has changed the character of family relationships by presenting various forms of digital interaction that affect communication, trust, commitment, and the quality of relationships in family life. Phenomena such as digital infidelity, cyber intimacy, oversharing, and the increasing intensity of virtual interactions show that the challenges faced by Muslim families in the digital age cannot be adequately explained through pre-developed family approaches. This research aims to develop the Digital Family Integrity Framework (DFIF) as a conceptual framework that integrates the principles of Islamic Family Law, maqāṣid al-syarī'ah, and the dynamics of contemporary digital relations to strengthen the integrity of Muslim families. This research is a normative legal research with a conceptual framework development orientation that uses a conceptual approach, a legislative approach, and a maqāṣid al-syarī'ah approach. The analysis was carried out through doctrinal analysis and conceptual synthesis of various legal sources and scientific literature related to Islamic Family Law, digital transformation, and family resilience. This research produced the Digital Family Integrity Framework (DFIF) which consists of five main dimensions, namely Digital Loyalty, Islamic Digital Communication Ethics, Family Privacy Protection, Online–Offline Relational Balance, and Digital Literacy. These five dimensions form a preventive conceptual model to maintain commitment, trust, ethics, and quality of Muslim family relationships in the digital space. This research contributes to the development of the study of Islamic Family Law by offering a preventive paradigm that complements the developed approach to family resilience and provides a conceptual foundation for empirical research and family policy development in the digital era.
A Comparative Analysis of Personal Data Protection Laws in Indonesia and Vietnam Septian Khairuddin; Akhmad Safik
al Hairy | Journal of Islamic Law Vol. 2 No. 1 (2026): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v2i1.110

Abstract

Personal data protection is an important issue in the digital era marked by the massive use of information technology. This study compares the rationality of personal data protection in Indonesia and Vietnam through Law No. 27 of 2022 and Decree No. 13/2023/ND-CP.  Both regulations are present in response to the increasing need or urgency for personal data protection in ASEAN, especially Indonesia and Vietnam. The aim is to understand the rational and background in the formation of both regulations, by analyzing the juridical, sociological, and philosophical aspects. The results show that although both countries face the same challenges as the rise of personal data leaks, there are fundamental differences in the legal approach used. Indonesia governs through laws with a high legal standing and oversight by independent institutions, while Vietnam governs through decrees (Nghị định) which are under the law (Luật) or are directly controlled by the government through the Bộ Côngan or the Ministry of Public Security. Indonesia's philosophical approach is rooted in human rights and social justice, while Vietnam's emphasizes more on national stability and security. This research shows the importance of personal data regulation that is not only legally strong, but also in accordance with the social and cultural values of each country to realize a safe and fair society.

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