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Mubaidi Sulaeman
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Legitima: Jurnal Hukum Keluarga Islam
Published by Universitas Islam Tribakti Lirboyo Kediri
ISSN : 26554909     EISSN : 2656565X     DOI : https://doi.org/10.33367/legitima
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Legitima: Jurnal Hukum Keluarga Islam/ Legitima: Journal of Islamic Family Law is a Double Blind peer-reviewed journal published by the Islamic Family Law Department, Faculty of Shariah, Tribakti Islamic University, Lirboyo, Kediri, East Java. The journal publishes high-quality research and conceptual papers and is issued biannually, with editions released in June and December. It focuses on contemporary issues of Islamic family law in Indonesia and other Muslim countries, offering diverse perspectives through both theoretical and empirical studies. The journal’s scope covers, but is not limited to, marriage and family disputes, comparative Islamic family law in Muslim-majority societies, indigenous and local practices of Islamic family law, the roles and practices of religious courts in Indonesia, as well as various emerging and contemporary issues in the field of Islamic family law.
Arjuna Subject : Umum - Umum
Articles 143 Documents
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Relational Justice in Islamic Inheritance Law: Reinterpreting Gender Equality Through the Thought of Husein Muhammad and Faqihuddin Abdul Kodir Moch. Aufal Hadliq Khaiyyul Millati Waddin; Sri Lumatus Sa’adah; Pujiono; Imam Bonjol Jauhari
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9077

Abstract

Purpose – This study examines the concept of relational justice in Islamic inheritance law in response to the growing tension between classical legal doctrines and contemporary transformations in gender roles within Muslim societies. While existing studies have explored gender justice, maqāṣid al-sharī‘ah, and mubādalah approaches, an integrated theoretical framework for reinterpreting inheritance distribution remains underdeveloped. This research aims to formulate relational justice as a conceptual framework that bridges classical Islamic legal principles and contemporary socio-economic realities. Method – This study employs a qualitative normative–conceptual approach grounded in maqāṣid al-sharī‘ah and legal hermeneutics. Primary sources include Qur’ānic verses on inheritance (Q.S. al-Nisā’: 7, 11, 12, and 176), relevant ḥadīth, and provisions of the Kompilasi Hukum Islam (KHI), supported by both classical and contemporary scholarship. Data were analyzed using thematic analysis, legal hermeneutics, and maqāṣid-based reasoning. Findings – The findings reveal that classical distributive paradigms—particularly the 2:1 inheritance ratio—are historically grounded in gendered economic responsibilities that have shifted in contemporary contexts. Relational justice offers a context-sensitive framework by emphasizing social relations, reciprocal responsibilities, and actual economic contributions within the family. This framework enables reinterpretation while remaining aligned with the ethical objectives of Islamic law. Research Implications – This study is limited to normative and conceptual analysis and does not include empirical investigation. Future research is needed to examine the application of relational justice in judicial practices and within Muslim societies. Originality/Value – This study contributes by proposing relational justice as a distinct theoretical framework that integrates maqāṣid al-sharī‘ah, emancipatory fiqh, and qirā’ah mubādalah into a coherent analytical model, offering a more contextual approach to Islamic inheritance law.
Mabādi’ ‘Asyarah as an Epistemological Framework for National Fiqh: Reconstructing Lirboyo’s Contemporary Islamic Legal Thought Abdurrohman Kafabihi; Muhammad Rifa’i Bachrun
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.8214

Abstract

Purpose – The philosophy of science seeks to formulate the conceptual foundations that define the identity, structure, and purpose of a scientific discipline. Within the Islamic intellectual tradition, this function is represented by Mabādi’ ‘Asyarah, a framework consisting of ten fundamental principles used to establish the scientific foundations of knowledge. While National Fiqh (Fiqh Kebangsaan) developed by Lirboyo Islamic Boarding School has gained scholarly attention in discussions on religious moderation, nationalism, and pesantren-based Islamic thought, its epistemological foundations remain insufficiently explored. This study aims to reconstruct the scientific structure of National Fiqh through the framework of Mabādi’ ‘Asyarah and to examine its position within contemporary Islamic legal studies. Methods – Employing qualitative library research, this study analyzes the three volumes of Fikih Kebangsaan published by Lajnah Bahtsul Masail (LBM) and HIMASAL, complemented by classical Islamic sources, contemporary scholarship, and literature on philosophy of science. Data were analyzed descriptively and analytically using the ten principles of Mabādi’ ‘Asyarah as the primary analytical framework. Findings – The findings demonstrate that Mabādi’ ‘Asyarah systematically constructs the epistemological identity of National Fiqh through its definition (al-ḥadd), object of study (al-mawḍū‘), sources of knowledge (al-istimdād), methodological orientation, and societal objectives (al-thamrah). The study further reveals that National Fiqh functions not merely as a practical response to socio-political challenges but as a contextual jurisprudential paradigm rooted in pesantren epistemology and oriented toward public welfare within the Indonesian nation-state. Research implications – This article contributes to contemporary Islamic legal studies by demonstrating how the classical framework of Mabādi’ ‘Asyarah can be employed to formulate a coherent epistemological model for contextual Islamic jurisprudence.
Cyber Infidelity Evidence in Divorce Litigation: Reconstructing Judicial Reasoning in Indonesian Religious Courts Novendri Eka Saputra; Ilham Ramadhani; Zalaria Abdiwali Mohamed
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9060

Abstract

Purpose – This study examines judicial reasoning, disparities in the standard of proof, and the reconstruction of judicial reasoning regarding the proof of cyber infidelity in divorce cases in the Indonesian religious courts. The study stems from the lack of operational standards of proof regarding the use of digital communications as evidence of marital discord in the digital age. Methods – This study employs a normative legal methodology with a case-based approach, analyzing ten divorce rulings from the South Jakarta Religious Court in 2024 involving allegations of cyber infidelity through WhatsApp conversations, social media, and other forms of electronic communication. The analysis was conducted qualitatively, focusing on four indicators: admissibility, authentication, correlation of evidence, and substantive relevance of electronic evidence. Findings – The results of the study reveal three main findings. First, all rulings formally accepted electronic evidence but did not treat it as standalone or conclusive evidence. Second, the majority of rulings required corroboration through witness testimony, admissions by the parties, and narratives of domestic conflict to strengthen the probative value of digital communications. Third, none of the cases involved digital forensic examination; therefore, judges relied more on contextual and relational assessments in determining the reliability of electronic evidence. Consequently, cases with similar factual patterns resulted in different evidentiary assessments. This study argues that the primary issue in proving cyber infidelity does not lie in the admissibility of electronic evidence but rather in the absence of structured parameters for judicial reasoning when assessing the authentication and substantive relevance of digital evidence. Research implications/limitations – This study offers a reconstruction model that integrates the theory of judicial reasoning, assessment of digital evidence, theory of legal certainty, and principles of maqāṣid al-syarī‘ah. The model is designed to enhance the consistency of rulings, legal certainty, and substantive justice in contemporary Indonesia’s digital divorce cases.
Recontextualizing Islamic Inheritance Law in the Contemporary Era: An Uṣūl al-Fiqh Perspective and the Responses of Urban Muslim Communities Khoirul Amru Harahap; Ahmad Rezy Meidina; Muhammad Fuad Zain; Imam Sibawaih
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9148

Abstract

Purpose – This article explores the recontextualization of Islamic inheritance law through the perspective of uṣūl al-fiqh, focusing on the reformist ideas of Munawir Sjadzali and their reception among urban Muslim communities in Purwokerto, Indonesia. It seeks to examine how contemporary Muslim communities negotiate classical inheritance doctrines in response to changing social realities and evolving notions of justice and gender equality. Methods – This study employs a qualitative approach by combining library research on Munawir Sjadzali’s concept of inheritance reform with fieldwork involving in-depth interviews with twelve informants, including religious leaders, Islamic legal practitioners, academics, and Muslim families. The analysis is framed through the principles of maqāṣid al-sharī‘ah and maṣlaḥah to interpret contemporary understandings and applications of Islamic inheritance norms. Findings – The findings reveal three distinct patterns of community responses to inheritance reform. Progressive groups support contextual reinterpretation by emphasizing gender equality, women’s economic participation, and substantive justice, reflecting Sjadzali’s reformist orientation. Moderate groups accept limited adjustments under specific familial and social circumstances while maintaining the Qur’anic inheritance ratios as the normative foundation. In contrast, conservative groups reject reinterpretation and uphold classical jurisprudential formulations as immutable religious prescriptions. These patterns demonstrate that public acceptance of inheritance reform is closely associated with differing understandings of uṣūl al-fiqh principles and the legitimacy of contextual ijtihād. Research implications/limitations – This study contributes to contemporary debates on Islamic legal reform by demonstrating how uṣūl al-fiqh can mediate between normative religious texts and evolving social realities in the recontextualization of Islamic inheritance law. However, the findings are limited to urban Muslim communities in Purwokerto and may not be generalizable to other socio-cultural contexts in Indonesia.
The Dynamics of Gender Power Relations in Families of Indonesian Female Migrant Workers: A Study of Seesaw Marriage Esa Septian; Septi Wulandari; Mahmoud Ali Mussa
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9035

Abstract

Purpose – This study aims to analyze how the migration of Indonesian female migrant workers reshapes gender power relations within the family and to propose Hanna Rosin’s concept of seesaw marriage as an adaptive model for sharing breadwinning and caregiving roles. Methods – This study employed a Systematic Literature Review (SLR) following the PRISMA 2020 guidelines. The literature search was conducted using the Scopus database. Of the 356 articles initially identified, 14 articles published met the inclusion criteria and were analyzed thematically. Findings – The findings indicate that women’s migration abroad increases their control over remittances, strengthens their bargaining position, and expands their involvement in household decision-making. These changes encourage a shift in family structure from hierarchical patriarchal arrangements to more negotiated and egalitarian relationships. However, this transformation also generates various tensions, including threats to husbands’ masculine identity, conflicts over financial management, reduced emotional intimacy in long-distance marriages, higher rates of divorce, and psychosocial problems among left-behind children. The concept of seesaw marriage offers an adaptive framework that enables husbands and wives to alternate productive and reproductive roles according to family needs. Research implications – Theoretically, this study enriches the literature on gender and migration by integrating theories of household power relations with the concept of seesaw marriage, demonstrating that family authority is increasingly shaped by economic contributions and the capacity to negotiate roles. Practically, the findings underscore the importance of family resilience-based migration policies, including marital counseling, financial literacy, child caregiving support, and gender equality education. Originality/value – This study offers a novel integration of gender power relations, Indonesian female migrant workers, and the concept of seesaw marriage as an analytical framework for understanding transnational families.
Informal Divorces Resulting from Online Gambling in Rural Indonesia: Legal Pluralism, Informal Authority, and Access to Justice Saipudin; Kunhaniah Mabruroh; A.Nurtamim Amin; Dody Pratama; Ahmad Failasuf Nasuha
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9085

Abstract

Purpose – This study examines why rural communities in Gunung Labahan Subdistrict, Way Kanan Regency, continue to practice cerai sirri (informal divorce) outside the religious court system and analyzes its socio-legal consequences for women and children through the perspective of legal pluralism. Design/methods/approach – A qualitative socio-legal approach was employed using qualitative legal and content analysis. Data were collected between January and March 2026 through in-depth semi-structured interviews, observations, and Focus Group Discussions (FGDs) involving 12 informants, including divorced couples, village religious leaders (modin), and officials from the Office of Religious Affairs (KUA). Data were analyzed using interactive thematic analysis. Findings – The findings reveal that informal religious authority remains more influential than formal legal institutions because it is perceived as socially accessible, culturally legitimate, and procedurally practical. The expansion of online gambling has intensified household conflicts and contributed to informal divorce. Limited legal literacy, financial constraints, geographical barriers, bureaucratic complexity, and fear of court procedures further discourage access to formal justice. Although socially accepted, cerai sirri creates legal, economic, administrative, and psychological vulnerabilities, particularly for women and children. Research implications/limitations – The study is limited to one rural district; therefore, its findings may not represent other socio-legal contexts in Indonesia. Nevertheless, this highlights the need for more accessible judicial services, stronger legal literacy, and inclusive family law policies. Originality/value – This study contributes to socio-legal and Islamic legal scholarship by demonstrating how legal pluralism and structural barriers to access to justice shape informal divorce practices and influence community legal behavior in rural Indonesia.
Reexamining Sadd Al-Źarī’ah in Contemporary Islamic Family Law: An Empirical Study on the Rationale for Delaying Marriage in Pringsewu Regency Evy Septiana Rachman; Laras Shesa; Siti Zulaikha; Qois Azizah Bin Has
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9193

Abstract

Purpose – This study is motivated by the growing phenomenon of “waithood” (marriage postponement), which, from the perspective of classical Islamic law, is often viewed as potentially harmful to society. This study aims to analyze the rationale behind marriage postponement in Pringsewu Regency and reexamine the concept of Sadd al-Źarī’ah within a more dynamic social context. Methods – This study employs a qualitative approach with an empirical-sociological focus. Primary data were collected through in-depth interviews with ten women aged 25–40 who consciously delayed marriage, as well as from the Damar Institute and IWAPI Pringsewu. Secondary data were derived from relevant documents, reports, and statistics. Analysis was conducted qualitatively through data reduction, data presentation, and drawing conclusions with interpretation using the Sadd al-Źarī’ah framework Findings – Marriage postponement is influenced by economic, educational, psychological, and sociocultural factors and reflects instrumental, reflective, and normative-contextual rationality. Postponement functions as a mechanism for partner selection and a strategy to ensure the quality of long-term relationships. The findings also indicate a shift in social norms that increasingly accept marriage postponement and the strengthening of women’s agency in determining the timing of marriage. Conceptually, delay is not always a means leading to harm (mafsadat), but can function as an effort to prevent greater risks, such as divorce, domestic disharmony, and unpreparedness to fulfill family roles. Research implications – These findings encourage strengthening premarital education, empowering women through education and economic opportunities, and developing religious approaches that are more adaptive to contemporary social dynamics.
Building a Sakinah Family of Qur'anic Memorizers: A Strategic Approach and Dynamics in the Framework of Contemporary Islamic Family Law Digdo Aji Mukti; Zamakhsyari bin Hasballah Thaib; Fahrozi; Muh Zaitun Ardi; M. Fijar Ishlahul Ummah
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.5892

Abstract

Purpose – This study examines the dynamics of al-Qur'an memorizing couples in Roudlatul Qur'an Islamic Boarding School in Metro City in building a sakinah family. This study aims to fill the gap in the literature regarding the influence of the practice of memorizing the Qur'an on family relationships and daily life in the context of contemporary Islamic family law. This study argues that the spiritual practice of memorizing the Qur'an can be a significant strategy in improving family harmony and emotional well-being, making it relevant to be used as a reference in a strategic approach to building a sakinah family in the modern era. Methods – This research utilized a phenomenological study to gain in-depth insight into the informants' experiences. Data were collected through semi-structured interviews with three couples who memorize the Qur'an and work as teachers at Roudlatul Qur'an Islamic Boarding School. The interviews were analyzed using thematic analysis to identify key themes and patterns relating to the impact of Qur'ānic memorization on contemporary family dynamics. Findings – This study reveals that the activity of memorizing the Qur'an contributes significantly to controlling emotions, creating inner calm, and increasing wisdom in family decision-making. Couples who engaged in this activity reported increased self-awareness as well as the ability to handle conflicts more calmly and wisely. These results support the view that listening to and memorizing the Qur'an not only reduces stress levels, but also promotes inner peace through mechanisms involving the release of natural endorphins and delta wave stimulation. These findings are relevant in the context of building a sakinah family in the environment of Pesantren Roudlatul Qur'an Metro City, particularly within the framework of contemporary Islamic family law. Research limitations – Some limitations of this study include the small sample size and focus on one particular location, which may affect the generalizability of the findings. Further research with a larger sample and various locations is needed to strengthen the conclusions. Originality – This study makes an important contribution to the literature on the role of spirituality in contemporary family dynamics. The results of this study show that Qur'an memorization not only has an impact on spiritual aspects, but also on emotional and psychological aspects, thus providing a strong foundation for achieving a sakinah family. This research also opens up opportunities for further research on how religious practices can be used to improve the quality of family life.
Contemporary Issues of Islamic Family Law: The Waithood Phenomenon and the Impact of the Sex Recession in Indonesia in Review of Sadd al-dzari'ah Muhammad Hafis; Nia Elmiati; Juliani Syafitri
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6178

Abstract

Purpose – This research aims to examine the phenomena of waithood (delaying marriage) and sex recession as contemporary issues in Islamic family law in Indonesia. Both phenomena demonstrate complex social dynamics, which not only affect family structures but also have far-reaching impacts on social, cultural, religious and educational dimensions. Using the sadd al-dzari'ah approach, this research seeks to identify the root of the problem and offer solutions that are in accordance with the principles of Islamic family law. Methods - The research method used is juridical-normative with a philosophical and conceptual approach. The collection of legal materials uses document studies with prescriptive analysis techniques based on logic and deductive legal reasoning. The theory used is sadd al-dzari'ah. This theory was chosen because it is suitable to see the existing phenomenon. Sadd al-dzari'ah is a theory in Islamic law that prevents, prohibits, or closes the way of an act that is initially permitted but can cause damage. Findings - Based on this research, it can be concluded that Waithood is influenced by various factors, ranging from mental readiness, the feminism movement, social conditions, and the development of modernity to economic factors that are the impact of the contemporary era. Waithood has far-reaching potential impacts, including declining birth rates, demographic imbalances, and sex recessions. Sadd al-dzari'ah theory can be applied to prevent the negative impacts of Waithood and sex recession. Research implications - This study is expected to provide a new perspective in understanding the contemporary challenges faced by the younger generation and their implications for the sustainability of society and the state.
Understanding the Contemporary Social Construction of Sirri Marriages in Indonesia: An Analysis of Islamic Family Law Perspectives David Wildan; Dini Syamarina
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6203

Abstract

Research problems and objectives – The phenomenon of sirri marriage or unregistered marriage is still rampant in Indonesia and its legality is still debated. Whereas marriage registration is intended to provide a guarantee of legal certainty for each individual in the family. In practice in the community, sirri marriages are caused by complex factors that form an interesting contemporary social construction to be studied from the perspective of Islamic family law. Purpose and Research methods - This study aims to socially examine the issue of sirri marriage in relation to state legal guarantees and benefits in contemporary Islamic family law. Using a qualitative research method with a normative-sociological approach, this study investigates the causal factors, social and legal implications of sirri marriages from the perspective of Emile Durkheim's Social Theory. Findings - The result of the research is a complex interaction between legal norms and community values in sirri marriage. Sirri marriages in contemporary Islamic family law studies, although often positioned as deviations from formal legal provisions, persist as socially accepted practices within specific cultural and religious contexts. Durkheim's concept of collective consciousness helps explain how societal norms and shared beliefs influence the legitimization of sirri marriages, even in the absence of state recognition. This phenomenon highlights the tension between formal legal frameworks and traditional social practices, underscoring the importance of understanding local values and social structures when addressing issues of legal pluralism. Research recommendations/contributions - This research underscores the need for public education on the importance of marriage registration as a bridge between religious principles and state regulations. The study's contribution lies in offering an integrative perspective that highlights the necessity of harmonizing religious norms with legal recognition to strengthen the protection of family rights within the legal framework of the state. Originality/value - Ultimately, this analysis advocates for a more nuanced and culturally sensitive approach to harmonizing legal regulations with the socio-religious realities of Indonesia's diverse society.

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