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Fitri Arianti Saputri
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INDONESIA
Journal of Nafaqah
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 3062746X     DOI : https://doi.org/10.62872/39b3c171
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The journal publishes original articles on current issues and trends occurring internationally in the the fields of: Islamic Marriage Law, grants, waqf, Islamic Inheritance Law, Review of Religious Court Decisions and socio-religious issues related to family life.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2024): JON-DECEMBER" : 3 Documents clear
Islamic Family Law in Facing the Widespread Phenomenon of Siri Marriage: Legal and Social Implication Dedi Dedi; Dadan Dadan; Aa Hendra; Syafi'i Syafi'i
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rvxqx729

Abstract

The purpose of this study is to examine in depth the position of children from siri marriages according to the constitution in force in Indonesia and to analyze the legal position of illegitimate children from siri marriages as heirs according to civil law and Islamic law. The research method used is a literature study (Information and Reference Study, abbreviated as SIR) by reviewing various literature, articles, journals, and policies related to the phenomenon of siri marriage in the context of Islamic family law. This method was chosen because of its descriptive and analytical nature, where the study emphasizes more on collecting and analyzing various relevant secondary sources to answer existing problems. The results of the study show that siri marriages, although valid according to Islamic law, have significant legal and social implications. From the perspective of Islamic family law, siri marriages often ignore aspects of protecting the rights of women and children that should be guaranteed in the country's legal system. The legal implications of siri marriages include difficulties in obtaining birth certificates for children born from the marriage, which has an impact on access to education and health services. In addition, wives in unregistered marriages do not have the same legal protection as in officially registered marriages, making them vulnerable to injustice in terms of inheritance rights, maintenance, and protection from domestic violence. From a social perspective, unregistered marriages can cause stigma and discrimination against the women and children involved.
Islamic Family Law and the Recognition of Same-Sex Marriage: Controversial Issues in the Context of Human Rights Achmad Fitrian
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xh956q64

Abstract

This study aims to examine the debate on Islamic family law regarding same-sex marriage in the context of human rights. In Islamic law, same-sex marriage is considered contrary to religious teachings, while human rights emphasize the principles of equality and non-discrimination. The conflict between religious norms and human rights demands is a major challenge, especially in countries with Islamic-based laws, including Indonesia. The research method used is a literature review by examining academic and legal sources. Data sources include the Qur'an, Hadith, fiqh books, and laws and regulations related to marriage in Indonesia. Secondary sources include academic books, scientific journals, and international legal documents related to human rights. Data were collected through literature studies from various academic databases and official legal sources. The results of the study show that Islamic family law still maintains the view that marriage is only valid between a man and a woman. Meanwhile, the human rights movement demands equality for the LGBT community. Countries with Islamic law, including Indonesia, still reject same-sex marriage despite global pressure. Therefore, a dialogue-based approach is needed to balance individual rights, religious values, and social harmony. Further studies are needed to formulate inclusive and fair solutions to this issue
Child Custody in Divorce: A Review of Islamic Law Against Modern Court Practice Muhammad Arsyad; M. Anshari; Mawarni Fatma
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/er3pxz67

Abstract

This study also aims to evaluate the extent to which Islamic law can be applied or accommodated in the modern justice system in Indonesia. The method used is a normative legal approach, with a literature review of legal sources, such as Islamic legal texts, court decisions, and Indonesian laws and regulations relating to child custody. The main data were obtained from books, journals, scientific articles, and relevant court decisions. Data analysis was carried out by examining the application of Islamic legal principles related to child custody in modern court practices in Indonesia. This study also uses comparative analysis to compare Islamic legal principles with Indonesian positive law. The results of the study show that although Islamic law provides clear principles regarding child custody, modern court practices are often not fully in accordance with these principles. The courts prioritize positive law, although the welfare of the child remains the main consideration. Therefore, harmonization between Islamic law and positive law is needed so that court decisions are fairer and in accordance with the values ​​of Muslim society. This study emphasizes the importance of integrating Islamic legal principles into the Indonesian justice system to ensure decisions that are in the best interests of the child.

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