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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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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.
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.
The Penal Turn in Muslim Family Regulation: Criminalization and State Enforcement in Contemporary Egypt Hijrian Angga Prihantoro
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.v8i2.7747

Abstract

Purpose: This study analyzes the penal framework outlined in Articles 168–175 of Egypt’s 2026 Draft Family Law, with particular emphasis on the integration of imprisonment, monetary fines, professional sanctions, and ancillary legal consequences in the regulation and enforcement of family law obligations. It investigates how the differentiated application of criminal sanctions signifies an evolving transformation in the interplay between family law and state penal authority.  Design/methods/approach: This study utilizes qualitative doctrinal legal research with a socio-legal interpretive framework. The principal source analyzed is Chapter Two (al-ʿUqūbāt) of Egypt’s 2026 Draft Family Law, specifically Articles 168–175. These provisions were examined through systematic doctrinal content analysis, focusing on the identification of punishable conduct, legally responsible parties, types and severity of sanctions, cross-references to substantive provisions, and the regulatory interests safeguarded. To contextualize the statutory analysis, relevant legislative materials, scholarly literature, and Egyptian media reports were also incorporated.  Findings: The study reveals that the draft establishes a differentiated penal framework within family law. Article 168 serves as the gateway linking family-law offenses to the broader criminal-law system, whereas Articles 169–175 criminalize specific acts such as child marriage, non-disclosure of income, failure to document and false disclosure in divorce proceedings, misrepresentation of marital status, professional non-compliance by marriage officials, obstruction of visitation and hosting rights, and wrongful retention of children. The prescribed sanctions include monetary fines, alternative imprisonment, professional disqualification, mandatory restoration of the child, and reconciliation mechanisms. These provisions illustrate that criminal law functions not merely as an external remedy but as an internal enforcement tool for family-law norms.  Research implications/limitations: This study advances the understanding of the increasing coercive aspects within contemporary Islamic family law; however, its scope is confined to Articles 168–175 of a legislative draft. Consequently, it does not evaluate judicial interpretation, practical implementation, or the real-world social impacts of these provisions. Future research should investigate the application of these articles post-enactment, assess their proportionality and gendered implications, and explore their connections with Islamic jurisprudence as well as comparative developments in family law across other Muslim-majority jurisdictions.  Originality/value: This study offers an original perspective by conceptualizing Egypt’s 2026 Draft Family Law as a unified penal framework, rather than viewing its sanctions merely as ancillary provisions. It redirects focus from substantive family-law rights to the criminalization of familial obligations. By highlighting this penal shift, the study illustrates how criminal sanctions increasingly serve as an internal mechanism of family-law governance and contributes to the broader scholarship on state coercion within contemporary Islamic family legislation.

Page 15 of 15 | Total Record : 143

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