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Fitri Arianti Saputri
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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 18 Documents
 1   2 
Inheritance Distribution in Islamic Family Law: A Juridical Study of the Principle of Gender Justice Basri Basri
Journal of Nafaqah Vol. 2 No. 1 (2025): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/mvxrfe02

Abstract

This article explores the principles of Islamic inheritance law through a normative and conceptual approach, focusing on gender-based distribution and its alignment with the broader ideals of justice in Islamic legal thought. It analyzes classical juristic formulations, particularly the rule that assigns male heirs twice the share of females, in light of maqāṣid al-sharī‘ah and contemporary interpretations of gender justice. The study also compares these principles with customary inheritance practices in Indonesia, which emphasize social roles, flexibility, and deliberation-based distribution. The findings reveal an ongoing tension between the rigidity of classical fiqh and the evolving demands of justice in pluralistic and modern contexts. By synthesizing classical doctrines with maqāṣid-oriented reasoning and contextual ijtihād, the study demonstrates the potential for a more responsive and ethically grounded inheritance framework. This research contributes to the broader discourse on Islamic legal reform by highlighting how contextual reinterpretation of inheritance norms can reflect not only legal continuity but also the living spirit of sharī‘ah justice in addressing gendered realities.
Tracing the Sociological Roots of Terrorism in Indonesia: The Role of Family Dysfunction in the Perspective of Islamic Family Law Herniwati Herniwati; Kurniati Kurniati; Zulhas'ari Mustafa
Journal of Nafaqah Vol. 2 No. 1 (2025): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/msxbe924

Abstract

The phenomenon of family involvement in acts of terrorism in Indonesia indicates a shift in the pattern of radicalization from the public sphere to the private sphere. This research aims to trace the sociological roots of terrorism by emphasizing the role of family dysfunction and reviewing the relevance of Islamic family law principles in preventing the radicalization process early on. The method used is qualitative with a case study approach, through document analysis, literature study, and in-depth interviews with relevant resource persons, such as former terrorists, sociology experts, and Islamic law experts. The results show that most terrorists come from dysfunctional families, characterized by a lack of communication, neglectful or harsh parenting, and the absence of moderate spiritual role models. The radicalization process takes place within the home, through closed recitations, digital extreme content, and internal indoctrination. These findings indicate the non-implementation of maqashid sharia principles in family life, such as the protection of the soul, mind and offspring. Therefore, the de-radicalization approach must be multidisciplinary by integrating the perspectives of sociology, Islamic law and family education. Islamic family law not only functions as a legal-formal norm, but also as an ethical and practical guideline in building family resilience as the first bulwark against violent ideologies.
Islamic Family Law and the Protection of Single Mothers: A Response to the Rising Trend of Divorce Indah Dewi Megasari; Setyawan Setyawan
Journal of Nafaqah Vol. 2 No. 1 (2025): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/vqhg9x34

Abstract

This article examines the normative and institutional gaps in the legal protection of single mothers within Islamic family law, especially in the context of rising divorce rates in Muslim societies. Using a normative-juridical and conceptual approach, the study analyzes classical Islamic legal frameworks, maqāṣid al-sharī‘ah, and national legal instruments in Indonesia. It also draws comparative insights from other Muslim-majority countries to explore how Islamic values can be harmonized with gender-sensitive policy reform. The findings reveal that although Islamic law provides foundational principles for post-divorce responsibilities, its literal application often fails to address the socioeconomic vulnerabilities faced by women. The study argues that a contextual reinterpretation grounded in maqāṣid values such as justice and dignity is both theologically valid and socially necessary. Rather than positioning Islamic law as merely reactive to modern social demands, this study contributes to contemporary Islamic legal scholarship by framing the protection of single mothers as a legitimate evolution of sharī‘ah-based justice. It demonstrates that contextual ijtihād can serve as a methodological bridge between normative doctrine and lived realities, thereby reinforcing the transformative capacity of Islamic law in advancing inclusive legal systems.
The Relationship between Classical Fiqh and Modern Social Needs in the Formation of Islamic Law Samsidar Samsidar
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2thmj830

Abstract

This article examines the relationship between classical fiqh and modern social needs in the formation of Islamic law, focusing on the normative and methodological tensions arising from contemporary legal development. Classical fiqh, rooted in structured juristic reasoning and historical context, is often perceived as rigid when confronted with rapid social transformation, technological advancement, and institutional complexity. This study identifies three principal legal issues: the mischaracterization of classical fiqh as a static normative product, methodological stagnation resulting from restricted conceptions of ijtihād, and the absence of a coherent framework for integrating social change into Islamic legal formation. Employing a normative juridical method with conceptual, statute, and case approaches, the article analyzes contemporary Islamic legal discourse, fatwa practices, and adaptive jurisprudence across various legal fields. The analysis demonstrates that classical fiqh inherently possesses adaptive capacity through its methodological tools, including maqāṣid al-sharīʿah, qawāʿid al-fiqhiyyah, and juristic pluralism. This article argues that the perceived conflict between tradition and modernity stems not from doctrinal incompatibility but from methodological misapplication. It proposes a prescriptive integration framework that institutionalizes continuous ijtihād, strengthens maqāṣid-based reasoning, and revitalizes methodological pluralism to ensure that Islamic law remains doctrinally authentic, socially responsive, and normatively coherent in contemporary contexts.
Gender and Justice in Islamic Family Law: A Critical Analysis of Contemporary Discourse Pramidazzura Alifa Rifqi
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0f1dzj81

Abstract

This article critically examines contemporary discourse on gender and justice in Islamic family law, focusing on the structural causes of persistent gender inequality within legally enforced family norms. Although Islamic law is normatively grounded in principles of justice and moral equality, prevailing interpretations of family law often reproduce patriarchal power relations through doctrines governing marriage, divorce, inheritance, and guardianship. This study identifies three core legal problems: normative ambiguity in defining gender justice within Islamic legal sources, interpretive dominance of formalistic classical fiqh over justice-oriented reasoning, and institutional resistance to gender-equitable reinterpretation. Employing a normative juridical method with statute, conceptual, and case approaches, the article analyzes codified Islamic family law, contemporary hermeneutical debates, and patterns of judicial reasoning. The analysis demonstrates that gender injustice persists not due to doctrinal necessity, but because ethical objectives of Islamic law are subordinated to hierarchical interpretive authority. This article argues for a prescriptive reconstruction of Islamic family law grounded in maqāṣid al-sharīʿah, emphasizing substantive justice rather than formal equality. It proposes recalibrating interpretive authority, reforming codified norms, and adopting gender-sensitive legal reasoning to restore the legitimacy and moral coherence of Islamic family law in contemporary societies.
Islamic Criminal Law in Contemporary Academic Discourse: Conceptual and Implementation Challenges Pramidazzura Alifa Rifqi
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7qsmxd57

Abstract

Islamic criminal law remains one of the most contested areas within contemporary legal and academic discourse, particularly regarding its conceptual foundations and feasibility of implementation in modern legal systems. This article examines the conceptual ambiguity and structural challenges surrounding Islamic criminal law by employing a normative juridical approach with statute, conceptual, and case analyses. The study finds that contemporary debates frequently reduce Islamic criminal law to its punitive dimensions, neglecting its jurisprudential foundations rooted in ethical objectives, interpretive reasoning, and procedural restraint. Such reductionism contributes to fragmented academic discourse and directly influences implementation failures in modern state systems. Experiences from jurisdictions such as Aceh and Malaysia demonstrate that the incorporation of Islamic criminal law without methodological adaptation generates legal inconsistency, selective enforcement, and normative conflict. This article argues that the crisis of Islamic criminal law is fundamentally methodological rather than doctrinal. It proposes a prescriptive reconstruction framework grounded in maqāṣid al-sharīʿah, contextual ijtihād, and restorative justice principles to reconcile Islamic criminal law with contemporary legal standards. By repositioning Islamic criminal law as a dynamic and ethically grounded legal tradition, this study contributes to a more coherent and sustainable model of criminal justice reform
Islamic Law and the State: An Analysis of the Relationship between Religious Authority and Political Power Firayani Firayani
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4d73y489

Abstract

This article examines the relationship between Islamic law and the state through an analysis of authority contestation between religious institutions and political power. Employing a normative juridical method with conceptual and historical approaches, the study demonstrates that classical Islamic governance maintained a differentiated authority structure in which religious interpretation and political power operated within distinct normative spheres. The emergence of the modern state transformed this relationship by centralizing sovereignty and subordinating Islamic law to political control. Contemporary case studies reveal that excessive state intervention in religious matters undermines both legal legitimacy and religious authority. This article proposes a normative framework that emphasizes epistemic autonomy of religious authority, facilitative state governance, and clear institutional boundaries. The study contributes to contemporary debates by repositioning Islamic law as a normative system capable of coexistence with modern state structures without political instrumentalization. 
The Epistemology of Islamic Law and Its Implications for Legal Thought Reform Samsidar Samsidar
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z30qw412

Abstract

This article examines the epistemology of Islamic law and its implications for the reform of Islamic legal thought in modern social contexts. The central issue addressed is the epistemological fragmentation within contemporary Islamic legal reform, characterized by the isolated use of bayani reasoning, rational hermeneutics, maqāṣid al-sharī‘ah, and ethical approaches without an integrated evaluative framework. This study employs a normative juridical method using conceptual and doctrinal approaches to analyze the epistemic structure of classical Islamic law and the challenges facing modern reform efforts. The findings indicate that the crisis of Islamic legal reform does not stem from a lack of substantive norms, but from the erosion of epistemological discipline in legal reasoning. The study argues for the reconstruction of an integrative epistemology that reaffirms uṣūl al-fiqh as a structural framework, textual authority as the normative foundation, maqāṣid as an orientation toward justice, and rational reasoning as a controlled contextual instrument. Such reconstruction is essential to preserve legitimacy, methodological coherence, and the adaptive capacity of Islamic law in the contemporary era. 

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