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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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Reconstructing Gender Roles in Contemporary Muslim Families: Islamic Family Law Analysis in the Role of Wives as Online Motorcycle Taxi Drivers Ahmad Rusyaid Idris; Riski Wahyuni; Fikrah Elhifzi Harahap; Muhammad Khusaini; Idris Sufiandi
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/4wb87b54

Abstract

Purpose – This study aims to analyze the role of wives as online motorcycle taxi drivers in helping to meet household needs using the framework of contemporary Islamic family law. Methods – Field studies were conducted in this study with a socio-legal approach. Data was collected through interviews with five wives who work as online motorcycle taxi drivers in Metro City, and analyzed using the Mubādalah theory based on the principles of justice and equality. Findings – The findings of this study indicate that the obligation to earn a living is a form of protection for the family, and the role of wives as online motorcycle taxi drivers is part of modern society's efforts to achieve mutuality and cooperation in family life. Wives as online motorcycle taxi drivers are a form of loyalty in helping to create a harmonious family life and reduce the economic burden on the family. However, the main responsibility for earning a living remains the husband's obligation, and the wife helps her husband as part of a mutually beneficial relationship that brings goodness. Research limitations - The small sample size is a limitation of this study; however, it provides a comprehensive conceptual framework for addressing the challenges of contemporary families. Contribution – This study provides new insights into the relationship between the roles of husbands and wives in overcoming family challenges.
Mapping Islamic Legal Discourses on Domestic Violence: Media Representation and the Dynamics of Contemporary Muslim Family Law Sheila Fakhria; Fatimatuz Zahra; Citra Orwela
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/nhff4v64

Abstract

Purpose – This study aims to analyze the legal opinions of Instagram users regarding domestic violence (DV) in Muslim families. The study focuses on how elite figures such as religious leaders, politicians, and influencers express their legal opinions on social media, as well as how these opinions are received, responded to, and reconstructed by netizens. Methods – This study uses a qualitative-descriptive approach with Norman Fairclough's critical discourse analysis method. Data was obtained from content on Instagram social media that displayed legal opinions related to domestic violence, including comments from responding netizens. The data was analyzed through three dimensions: text, discourse practice, and sociocultural practice. Findings – The results of the study show that netizens do not necessarily accept legal opinions expressed by elite figures on social media as the sole truth. Instead, netizens actively represent their own understanding, which is often contradictory to the content being presented. The branding of content figures and their ideological backgrounds greatly influence the content and manner of delivery of these legal opinions. Netizens' comments indicate that the digital public sphere plays a significant role in breaking the dominance of patriarchal discourse and creating more emancipatory legal production that focuses on victim protection. Research limitations – The limitation of this study lies in the direct influence of social media content on the public's understanding of the law. Originality/value – This study contributes new insights to the study of Islamic family law and social media by examining the paradigm shift in legal communication in the digital space. 
The Status of Pre-Islamic Arab Women: Reform and the Challenge of Fulfilling Women's Rights in Contemporary Islamic Family Law Practice Henri Bimawan; Muhammad Haeqhal; Marhadi; Rafi Kusuma F.R; Try Rama Bagus Sanjaya
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/fv66cf88

Abstract

Purpose - This study aims to analyze the social status of Arab women during the Jahiliyyah period, within the context of the patriarchal social system that dominated Arab society at that time, and to evaluate how these conditions influenced the development of contemporary Islamic family law, particularly in terms of fulfilling women's rights. Methods - The research method used was a literature study with a historical approach. The primary data in this study consisted of verses from the Qur'an, while the secondary data included scientific references related to the research theme. Data were collected using documentation techniques and analyzed using content analysis techniques. Findings - The status of women in pre-Islamic Arabia was very marginalized, and they did not have proper legal status (in terms of inheritance, marriage, and social status). The arrival of Islam brought significant changes that improved the status of women by granting them basic rights. Reform efforts undertaken by Muslim countries, such as restrictions on polygamy, child custody rights, and fairer inheritance rules, are manifestations of the spirit of the Qur'an in creating justice and protecting women's rights. Research implications - Practically, the findings can be used as a basis for normative reflection for family law legislation with a gender justice perspective in contemporary Muslim societies. Originality/value - The originality of this research lies in its critical approach to the dominant narrative about pre-Islamic Arab women and its contextual connection to the development of Islamic family law.
Cryptocurrency Investment as a Marriage Dowry: An Analysis of Contemporary Islamic Family Law Yusril Rahmatullah Sholeh; Saifullah; M. Aunul Hakim; Mutiara Nur Lailawati
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/reg8dj02

Abstract

Purpose - This study aims to examine the validity of using cryptocurrency as dowry in marriage based on contemporary Islamic law and positive law in Indonesia. The phenomenon of giving dowry in the form of digital assets such as Bitcoin, Ethereum, and USDT has sparked debate in contemporary Islamic family law. Methods - The research method used is the normative legal method with a conceptual approach. Data sources were obtained from legislation, religious fatwas, fiqh books, and scientific journals. Analysis was conducted using thematic and content analysis. Findings - The findings of this study indicate that cryptocurrency can be used as dowry in marriage, provided that there are clear underlying assets, such as Bitcoin, Ethereum, and USDT, which have economically measurable value. These assets can be accepted as dowry as long as both parties agree and they can be legally transferred. Conversely, if a type of cryptocurrency does not have a clear underlying asset, it is prohibited to use it as dowry in marriage. This demonstrates the adaptation and flexibility of Islamic family law to contemporary phenomena while remaining grounded in Islamic law. Research limitations - Limitations of the study in terms of empirical data. However, this study provides a conceptual contribution to the development of Islamic family law that is responsive to technological dynamics. Originality - This study makes a valuable contribution to the contemporary Islamic legal discourse in formulating legal guidelines regarding the use of digital assets.
Marriage Registration as a Legal-Political Arena in Islamic Family Law: Reinterpreting Maṣlaḥah Mursalah within Modern Legal Systems Mukhamad Suharto; Nur Kholis; Ahmad Rezy Meidina; Muhammad Hasan Mahmud
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): 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.v8i1.7891

Abstract

Purpose – This article examines marriage registration in Islamic family law by positioning it as a legal-political arena, rather than merely an administrative requirement. Employing a qualitative socio-legal approach, this study investigates how the modern state constructs compulsory marriage registration as a mechanism for integrating Islamic norms, public interest, and legal pluralism. The analysis combines normative Islamic legal inquiry, historical examination of regulatory developments, and legal-political theories—particularly John Hart Ely’s representation-reinforcing theory, Savigny’s historical jurisprudence, and Mahfud MD’s contextual legal-political framework. Methods– This study employs a socio-legal method to examine marriage registration as a legal, social, and political construct within the framework of Islamic family law. Findings – The findings demonstrate that marriage registration signifies the transformation of Islamic family law from a community-based legal order into a state-centered legal system oriented toward rights protection, legal certainty, and social justice. From the perspective of maṣlaḥah mursalah and maqāṣid al-sharī‘ah, marriage registration functions as a legal mechanism to safeguard vulnerable groups, especially women and children, while simultaneously serving as a state instrument for shaping a legally recognized and administratively ordered family structure.  Research implications – The main contribution of this article lies in proposing an analytical framework that conceptualizes marriage registration as a site of legal-political negotiation between the state, religion and society. By foregrounding power relations, legal policy, and normative integration, this study advances contemporary scholarship on Islamic family law and highlights the political dimensions of the regulation of family institutions in Muslim societies.
Legal Pluralism and Marriage Dynamics in the Migrant Community in Port Numbay: Between Tradition, Law, and Contemporary Social Reality Eko Siswanto; Siti Qamariah Tiflen; Bilaly Sangare
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): 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.v8i1.8051

Abstract

Purpose - This study aims to reveal the dynamics of marriage among migrant communities in Port Numbay (Jayapura) using a legal pluralism framework to analyze the interaction between tradition, legal provisions, and contemporary social realities in marriage practices. Migration to Papua has formed a new social configuration that displays differences in marriage norms and potential friction with local culture Method – A qualitative approach was used in this study, with research data obtained from observations and interviews with religious leaders, traditional leaders, academics, and legal practitioners. Data analysis was conducted using descriptive analysis methods within a legal pluralism framework. Findings – The main findings of this study show that the marriage practices of the migrant community in Port Numbay take place in various patterns, including marriages between members of the same ethnic group, between different ethnic groups, and mixed marriages with the local community. The problem of migrant marriages is the result of a complex interaction between socioeconomic pressures and legal pluralism, where state law, Islamic law, and local customary law operate simultaneously but are not yet effectively integrated. These tensions place couples, especially women, in a vulnerable position, requiring an approach based on legal pluralism and maqāṣid al-sharīʿah to strengthen contextual protection, justice, and resilience. Research implications – Legal awareness and the harmonization of customary norms with state regulations in marriage practices among migrant communities must be strengthened. Originality/value – This study highlights the unique dynamics of migrant marriages in the multicultural context of Port Numbay.
Family Resilience and the Prevention of Radicalism: A Maqāṣid al-Sharī‘ah Approach Based on Jasser Auda Nur Muhammad Saifurrijal; Muhammad Ali Wafa
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): 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.v8i1.8067

Abstract

Purpose – This study analyzes the epistemological construction of maqāṣid al-sharī‘ah in the thought of Jasser Auda and examines its relevance for strengthening family resilience as a preventive framework against contemporary radicalism. It seeks to demonstrate how Auda’s systems-based maqāṣid paradigm can respond to latent, cognitive, and domestic forms of radicalization by reinforcing inclusive and moderate family values. Design/methodology/approach – This research adopts a qualitative library-based method with a descriptive-analytical approach. It critically examines Auda’s principal works on maqāṣid al-sharī‘ah and applies ijtihād maqāṣidī within the framework of uṣūl al-fiqh. The analysis emphasizes systems thinking, multidimensional reasoning, and the developmental orientation of Islamic law in addressing contemporary social challenges. Findings – The study finds that Auda’s reformulation of maqāṣid al-sharī‘ah shifts its orientation from classical ḥifẓ (protection) toward tanmiyah (development) and the realization of human dignity. In the context of family-based radicalism prevention, six interrelated indicators emerge: ḥifẓ al-dīn (balanced and tolerant religiosity), ḥifẓ al-nafs (psychological well-being and rejection of ideological violence), ḥifẓ al-‘aql (critical thinking and digital literacy), ḥifẓ al-nasl (healthy intergenerational relations), ḥifẓ al-māl (economic justice and ethical responsibility), and ḥifẓ al-usrah (family cohesion and moral accountability). Together, these dimensions form a maqāṣidī framework that enhances family resilience and functions as an epistemological safeguard against exclusivism and ideological rigidity. Research limitations/implications – While conceptually integrative, Auda’s maqāṣid framework remains largely normative and requires empirical operationalization. Future research should develop measurable indicators and apply them in family education, policy-making, and community-based prevention programs. Originality/value – This study offers a novel contribution by repositioning maqāṣid al-sharī‘ah as a family-centered preventive framework against radicalism, enriching contemporary Islamic legal discourse with a holistic and context-sensitive perspective.
Moral Negotiations and Islamic Family Law in the Digital Age: A Study of the Sugar Daddy Phenomenon Among Muslim Youth Ahmad; Naharuddin SR; Faisal Nur Shadiq Shabri
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): 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.v8i1.8109

Abstract

Purpose – This study analyzes the phenomenon of sugar daddies among Muslim youth in the digital age and its implications for the construction and practice of Islamic family law. This study focuses on the increasing tension between transactional intimate relationships, as a consequence of economic inequality and digital platform mediation, and the fundamental principles of marriage in Islam, namely sakinah, mawaddah, and raḥmah, which form the normative basis for family formation in Islam. Method – Qualitative methods were used in this study. Primary data were collected through semi-structured interviews with 15 informants (eight sugar babies, four sugar daddies, and three Islamic law experts) in Indonesia’s Greater Jakarta area. The analysis used the theoretical framework of Islamic law, namely maqāṣid al-sharī‘ah (the objectives of Islamic law) and sadd al-dharī‘ah (prevention of harm). Findings – Thematic analysis shows that sugar dating is triggered by economic pressures (80%) and facilitated by the existence of digital platforms (70%). Analytically, this relationship represents a form of commodification of intimacy that has characteristics similar to practices prohibited in Islam (adultery and contract marriage) because it threatens the institution of marriage itself. The findings also revealed significant religious identity conflicts (feelings of guilt), reinforced power and gender inequalities, and increased health risks for women. These findings confirm that transactional intimate relationships tend to reproduce structural exploitation, with long-term implications for the erosion of fundamental Islamic family values. Research limitations – The small sample size and urban focus limit generalizability, although depth was prioritized for this sensitive topic. Originality/value – This study integrates sociological, digital technology, and Islamic fiqh perspectives by formulating several practical recommendations, including strengthening Sharia-based digital literacy and economic empowerment for youth.
Between Marital Property and Inheritance: Judicial Legal Reasoning of the Religious Courts in Resolving Post-Death Marital Property Disputes Winda Putri Prasmayanti; Safitri Mukarromah; Try Hardyanthi
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): 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.v8i1.8170

Abstract

Purpose – This research analyzes the Purwokerto Religious Court's decision by examining the judges' legal reasoning in applying the principles of justice, legal certainty, and benefit in resolving disputes over joint property after death. In disputes over joint property after death, the main issue lies in determining the status of the property, whether it is joint property or inheritance, which affects the distribution of rights between the surviving spouse and heirs. Methods – This research uses a normative juridical method with a qualitative approach, using legal reasoning theory to analyze the Purwokerto Religious Court's decision No. 1655/Pdt.G/2020/PA.Pwt and interviewed the judges who handled the cases. The analysis also refers to the theories of joint property in Islamic and positive laws. Findings – The findings show that the panel of judges at the Purwokerto Religious Court applied both deductive and inductive legal reasoning to decide disputes over joint property after the death of one of the spouses. Deductive reasoning is reflected in the application of the Marriage Law, Compilation of Islamic Law (KHI), and Civil Code, which adhere to the principle of equal distribution. Inductive reasoning is applied through the assessment of evidence, witness testimony, and field inspections (descente), which resulted in only two assets being recognized as joint property, while other claims were rejected due to a lack of evidence. Claims related to personal property and inheritance were declared inadmissible on procedural grounds by the Court. Overall, this ruling demonstrates that judicial reasoning prioritizes legal certainty and evidentiary standards while ensuring substantive justice through the equal division of proven marital property. Research implications/limitations – This study can serve as a starting point for broader research with a larger number of decisions made.
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.

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