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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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Childcare, Single-Mother Sex Workers, and Islamic Family Law: Contemporary Realities Between Child Welfare and Social Stigma Aditya Ramadhan; Roqiyul Ma’arif Syam; Afif Muamar; Nazula Alfirahmah; Dede Al Mustaqim
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.v8i1.8239

Abstract

Purpose – Contemporary Ḥaḍānah practices are often confronted with complex social and economic realities. Childcare practices by Single mothers working as sex workers must bear full responsibility for childcare amid economic pressures and moral stigma. This study focuses on the tension between the principle of child welfare and the social marginalization of single mothers who are sex workers. Design/methods/approach – This research employs a qualitative field method with a case study. Primary data were collected through in-depth interviews and observations of four single mothers who worked as sex workers in Astana Village, Cirebon, Indonesia. The data were analyzed thematically using the interpretive framework of Qirā’ah Mubādalah and Maslow’s hierarchy of needs. Findings – The research findings show that the practice of ḥaḍānah by single sex worker mothers in Astana Village, Cirebon, Indonesia reflects a reciprocal caregiving relationship oriented towards the welfare of the child, as emphasized in the Qirā’ah Mubādalah perspective. Analysis using Abraham Maslow's Hierarchy of Needs Theory reveals that caregiving is carried out simultaneously and contextually through the fulfillment of physiological needs, safety, affection, and even the child's future aspirations, despite structural limitations. Research implications/limitations – These results confirm that the suitability of ḥaḍānah cannot be measured by the stigma of the mother's work but rather by her commitment and ability to fully meet the needs of her children. Originality/value – This research offers a novel interdisciplinary analysis integrating Qirā’ah Mubādalah and Maslow’s theory to reinterpret maternal resilience and justice in childcare, promoting a more compassionate and contextual understanding of Islamic family law.
Reconstruction of Islamic-Based Marriage Law Politics: A Comparison between Legal Traditions in the Middle East and Southeast Asia Abbas Sofwan Matlail Fajar; Karmawan; Nur Rohim Yunus
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.v8i1.8356

Abstract

Purpose - This article aims to analyze the reconstruction of Islamic-based marriage law politics through a comparative approach between the legal traditions of the Middle East and Southeast Asia. The study examines how legal politics shapes the codification of family law and the extent to which reconstruction is needed to address the challenges of justice and modernity. Method - This study employs a normative-comparative method, drawing on a legal politics approach and comparative Islamic law. The data are drawn from primary legal materials (marriage laws, Islamic legal compilations, and family regulations in Muslim-majority countries) and secondary legal materials, including academic literature. The analysis is conducted through content analysis and comparison of legal systems. Findings - The findings indicate that legal politics plays a dominant role in shaping Islamic-based marriage regulations. The legal tradition in the Middle East tends to preserve classical fiqh with a high degree of conservatism. In contrast, Southeast Asia is more adaptive through codification and harmonization with national legal systems. A reconstruction of legal politics is necessary to integrate the principles of maqāṣid al-sharīʿah with the demands of universal justice. Research Implications - This study contributes to the development of Islamic legal politics theory and serves as a reference for policymakers in formulating marriage regulations that are responsive to social dynamics. Originality/Value - This study offers a new perspective on the reconstruction of Islamic-based marriage law politics through a cross-regional comparative analysis, a subject rarely examined in depth in contemporary Islamic legal literature.
Filling the Vacancy of the Heirs: The Reasoning of the Supreme Court's Qiyās, Certainty of the Law of Adoption in Islamic Family Law Dita Indriani Siregar; Muchlis Bahar; Elfia; Ahmad Syukran Baharuddin
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.v8i2.8528

Abstract

Purpose – This study critically evaluates the epistemological shift in Islamic inheritance law within contemporary Indonesian judicial practice by examining Supreme Court Decision No. 179 K/AG/1998 which employs qiyās (analogical reasoning) to grant a "Mandatory Will" for adopted children. It moves beyond descriptive accounts to interrogate whether socio-parental relations and emotional bonding can legitimately substitute nasab (lineage) as a valid legal cause (illah) within Islamic jurisprudence. Methods – Using a normative-legal approach, this research utilizes a transformative legal analysis framework. It combines standard normative legal methods with an operationalized maqāṣid al-sharī‘ah paradigm (drawing on Jasser Auda’s systems approach) and legal pluralism theories (Brian Tamanaha). Primary judicial documents and national child protection statutes are critically analyzed using thematic legal memoing and qualitative coding to assess the epistemological boundaries of judicial ijtihd. Findings – The study reveals that the Supreme Court's application of qiyās reconstructs the ontology of legal relationships by shifting the ʿillah from biological certainty to functional-protective care. While Article 209 of the Compilation of Islamic Law (KHI) provides a generic regulative basis, lower courts show significant inconsistency. This judicial disparity stems from judges constantly negotiating the tension between rigid doctrinal fidelity to classical text and the dynamic socio-legal demands of contemporary Indonesian family structures. Research implications – Theoretically, this study reconceptualizes qiyas not merely as a rigid formalistic analogical tool, but as a dynamic mechanism of legal transformation that mediates classical textual authority and contemporary empirical realities. It provides a strong epistemic justification for expanding the boundaries of family law reform through a rights-based maqāṣid lens. Originality/value – This study proposes a reconstructive analytical framework for understanding the evolution of qiyas in contemporary Islamic family law. It offers an original critique of the socio-historical constructs of classical inheritance rules, justifying how contemporary social welfare imperatives can legally reconfigure the ontology of inheritance distribution in a pluralistic legal setting.
Judicial Disparities in Determining Children Born Out of Wedlock: Examining Legal Reasoning Between Administrative Needs and Sharia-Based Justice Mughniatul Ilma; Khusniati Rofiah; Asma' 'Alilatul Barizah Irfani
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.v8i2.8966

Abstract

Purpose – This article examines the disparity in judges' reasoning in the determination of children born out of wedlock in the Religious Court environment, with an emphasis on how judges build legal reasoning when facing the tension between administrative needs and sharia-based justice. This research aims to shift the focus of analysis from the decision's results alone to the reasoning structure that shapes the decision and its implications for legal clarity and child protection. Design/methods/approach – This study uses a normative juridical approach with a comparative case study of the three determinations of the Ponorogo Religious Court. Data were obtained from decision documents, classical and contemporary fiqh literature, and a limited number of interviews with judges. The analysis was carried out using the framework of legal pluralism, judicial discretion, and legal reasoning to capture the interaction of various norm systems in judicial practice. Findings – The results of the study show that the disparity is more attributable to differences in judges' reasoning than to differences in decision outcomes. These variations form a spectrum of approaches that reflect different degrees of integration between state law, fiqh principles, and practical considerations. The level of elaboration of legal implications, especially regarding nasab, inheritance, and guardianship, affects the clarity of the law and the decision's educational function. Research implications/limitations – This study confirms the importance of analyzing judges' reasoning in Islamic family law, but it is limited by the number of cases and specific locations. Further research can expand the scope through a comparative or socio-legal approach. Originality/value – This article offers a typology of judges' reasoning as an analytical contribution to understanding the disparity of judgments, showing that this disparity is a manifestation of legal pluralism and judicial discretion, and emphasizing the importance of the educational function of judgments in bridging state law and Islamic law.
Customary Authority and Islamic Family Law Governance under Legal Pluralism: Toward a Limited Integration Model in the Sultanate of Ternate, Indonesia Samad Umarama; Syaifuddin; Mahmudah; Abu Sanmas; Rusmiyanti Wontami
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.v8i2.8987

Abstract

Purpose – This study aims to analyze the customary authority of the Sultanate of Ternate in the governance of Islamic family law in Indonesia within the framework of legal pluralism. This study is based on the fact that disputes within Muslim families are not always resolved through the religious courts but through community-based social mechanisms, such as customary mediation, family consultations, and the roles of customary and religious leaders. Methods – This study employs a socio-legal approach with a qualitative research design. Data were obtained through in-depth interviews with traditional leaders, religious figures, and members of the community, as well as through an analysis of relevant academic literature. The analysis was conducted using thematic analysis, integrating empirical findings with the theory of legal pluralism. Findings – The research findings indicate that customary authorities in the Sultanate of Ternate function as informal actors in the administration of Islamic family law through three main roles: establishing socio-cultural legitimacy, facilitating pre-litigation mediation, and providing customary consultation in family disputes. However, these roles do not supersede the authority of the Religious Courts but rather complement dispute resolution mechanisms through social reconciliation and the strengthening of legal processes. Further findings of this study indicate that legal pluralism carries risks of legal uncertainty, gender bias, forum shopping, and the politicization of customary practices if not accompanied by clear boundaries on authority. This study proposes a Model of Limited Integration of Customary Authority, namely a model that positions the Sultanate’s authority as a non-litigious consultative and mediatory institution while maintaining the constitutional authority of the Religious Courts to adjudicate cases. This model is built upon five key principles: accountability, documentation, voluntariness, gender protection, and child protection. Research implications – Theoretically, this study contributes to the integration of the theories of legal pluralism, the semi-autonomous social field, and ‘justice in many rooms’ in explaining the relationship between customary legitimacy and the national legal system in the context of Islamic family law.
Power Relations and Women's Strategies in Accessing Property from Unregistered Marriages in Indonesia: A Socio-Legal Analysis Rohmawati; Muhamad Arifin; Ahmad Gelora Mahardika; Dewi Isna Tsamrotu F
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.v8i2.9024

Abstract

Purpose – The practice of marriages that are not officially registered with a state institution continues to shape contemporary debates on Islamic family law in the Global South, particularly regarding women’s legal status, access to marital property, and inheritance rights. In many Muslim societies, women involved in unregistered marriages face structural barriers in asserting their economic rights, despite the availability of state legal mechanisms intended to provide recognition and protection. Methods - This study employs a socio-legal approach with a gender perspective. Data were collected through in-depth interviews with women who have been or are currently in unregistered marriages, informant observation, and documentation.  Findings - The results of the study indicate that men dominate women in the ownership and management of property, reflecting unequal power relations. In response to these conditions, women have developed two forms of resistance strategies. The public transcript is expressed through confrontational means such as direct demands or legal actions via marriage validation. In contrast, the hidden transcript involves a non-confrontational approach that emphasizes the use of social and familial values. The results of the study demonstrate that women's strategies for accessing property in unregistered marriages are shaped by legal awareness, social dynamics, and local power structures. Limitations - This study emphasizes the female perspective, which can then be explored further through the male perspective in order to obtain a complete picture of the problem of access to property and understanding of male domination. Originality/value - This study fills a gap in the still-limited body of research linking the practice of unregistered marriages to women’s agency strategies rooted in local contexts, while also making a theoretical contribution by enriching the socio-legal perspective on forms of women’s resistance within informal legal structures and power relations.
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.
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.
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 Juhari
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.
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.

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