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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 98 Documents
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Exploring the Diversity of Opinions in Contemporary Islamic Family Law: The Response of Islamic Civil Society Organizations in Banyumas to Changes in the Marriage Age Limit Iqrar Abdul Halim; M. Wildan Fauzbika; Muchammad Abdur Rochman
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.v7i1.6485

Abstract

Purpose - One of the consequences of the enactment of Law Number 16 of 2019 amending Law Number 1 of 1974 is the increase in applications for marriage dispensations, particularly in the Banyumas region. With this issue, the response of Islamic organizations is something that must be accommodated, because these organizations are currently the institutions that oversee and provide solutions to contemporary issues in the field of Islamic family law. Based on this premise, the research problem formulated is how Islamic organizations in Banyumas respond to the changes in the marriage age limits under Law Number 1 of 1974 amended by Law Number 16 of 2019 concerning Marriage Age Limits. Design/methods/approach - This study adopts a field research approach, where the primary method involves conducting interviews with several Islamic organizations in Banyumas, including Al Irsyad Al Islamiyah, Indonesian Islamic Da'wah Institute (Lembaga Dakwah Islam Indonesia/LDII), Muhammadiyah, and Nahdlatul Ulama. The object of this research is the response of Islamic organizations in Banyumas. Data collection is carried out using interview, observation, and documentation methods. The data gathered by the author is primarily sourced from interviews with these Islamic organizations in Banyumas. Findings - The findings of this study reveal that Islamic civil organizations in Banyumas express that the changes in marriage age limits pose no issues and are in agreement with the amendments. They argue that Islam does not impose absolute restrictions regarding marriage age, and the matter remains debatable among scholars (Ulama) within the realm of ijtihad (independent legal reasoning). Furthermore, they assert that determining these limits does not violate Islamic law, considering that maturity for marriage is also a factor, with the goal of achieving a harmonious family (Sakinah, Mawaddah, and Warrahmah) and raising future generations to be virtuous. This is in accordance with the principle of maqashid sharia as a paradigm of contemporary Islamic family law. Research implications/limitations - This research is limited to a field study whose object is Islamic civil organizations in Banyumas, including Muhammadiyah, Nahdlatul Ulama, LDII, and Al Irsyad Al Islamiyyah. Originality/value - This research is expected to contribute theoretically and practically to the development of legal construction regarding the age limit of marriage in Indonesia.
Matrilineal Tradition in the Framework of Contemporary Islamic Family Law: An Analysis of Same-Clan Marriage Prohibition in West Sumatra Krismono Krismono; Muhammad Lutfi; Karimuddin
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.v7i1.6492

Abstract

Purpose – This study examines the prohibition of same-clan marriages in the Minangkabau community in Nagari Balun Pakan Rabaa Tengah, West Sumatra, through the lens of Islamic legal sociology. This study explores the cultural rationale behind this prohibition, highlighting its role in preserving the matrilineal structure of Minangkabau society. Despite the absence of explicit legal boundaries in Indonesian law and Islamic law, this study analyzes their alignment with Islamic legal principles in the context of contemporary Islamic family law, such as maqāṣid sharī'ah and 'urf, and their impact on social cohesion and identity.Design/methods/approach – A qualitative field research approach was adopted, involving interviews and documentation with local community members. This analysis draws on Talcott Parsons' structural functional theory (AGIL framework) and Islamic legal principles to understand the interplay between local customs and religious norms.Findings – This prohibition optimizes the functional aspects of the Minangkabau matrilineal order and promotes social adaptation, integration and goal achievement. Using the frame of contemporary Islamic family law studies, the prohibition is in line with maqāṣid sharī'ah by ensuring lineage integrity and social harmony through customary norms ('urf). The findings emphasize the ban's dual role in maintaining cultural identity and religious values.Research implications/limitations – The study's limitation lies in its focus on a single Nagari, which restricts its generalizability. Future research could extend to comparative studies across other Minangkabau regions to assess cultural variations and their implications for social structures.Originality/value – This study bridges sociology and Islamic legal studies, offering new insights into how local customs can complement religious frameworks to address societal challenges in a pluralistic context.
The Relevance of Ibn Qudamah's Thought on the Transfer of Family Waqf Assets in the Contemporary Era: A Normative Study of Islamic Family Law Nuri Safitri; Nugraha Adi Saputra; Ermanita Permatasari; Naser Ali Abdulghani; Sayyid Abdurrohman; Rizki Anisa Fitria
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.v7i1.6760

Abstract

Purpose - The practice of family waqf is basically in accordance with sharia and has a legal basis in fiqh. However, its existence is debated because it is considered less productive and its allocation is limited to the family of the waqif, so in various Muslim countries this waqf practice has been abolished. This study aims to determine the relevance and flexibility of Ibn Qudamah's thoughts on waqf towards the transfer of family waqf into productive waqf intended for the general public. This study is framed in contemporary Islamic family law studies that emphasize the social role of the family in society. Methods - This research is a descriptive qualitative library research. Primary data is taken from the book “Al-Mughni” by Ibn Qudamah and supplemented by secondary data in the form of books, journal articles, proceedings articles, theses, theses, and other literature related to the transfer of waqf. The data was collected using the documentation method and analyzed using content analysis techniques. Findings - Based on Ibn Qudamah's thinking, the transfer of the function of family waqf assets is possible if there is no shar'i impediment. Switching the function of family waqf into productive waqf intended for the general public must be done through deliberation between the nadzir, waqif, and also family members. In the perspective of contemporary Islamic family law, the transfer of family waqf functions is one of the efforts to strengthen the social role of the family in the community. This is one of the indicators of a maslahat family and is in accordance with the principle of hifz al-maal (protecting property). Research limitations - This research is limited to normative studies that relate Ibn Qudamah's thoughts with waqf practices in Indonesian society. Given this limitation, future research is expected to continue the findings in this study by using an empirical approach that integrates with other sciences. Originality - This research is expected to be a normative and practical reference to the practice of family waqf function transfer in Indonesia. This is because not many studies have examined this issue, especially from the perspective of contemporary Islamic family law.
Sexual Ethics, Medical Risks, and Marital Harmony: An Analysis of Oral Sex from the Perspectives of Bioethics and Islamic Family Law Abdulraheem Abdulwahid Yusuph; Isa Olawale Solahudeen
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.v8i1.6886

Abstract

Purpose – This article discusses the practice of oral sex in marriage as a contemporary issue that reveals normative tensions between medical bioethics and Islamic family law. This study aims to analyze the practice of oral sex not only from the perspective of Islamic law but also by considering the medical risks, sexual ethical dimensions, and its impact on husband-wife relations within the framework of contemporary Islamic family law. Methods – This qualitative study with a normative legal research type uses an interdisciplinary approach, including fiqh and Islamic family law approaches, Islamic bioethics, and medical bioethics studies based on international scientific literature. Data were obtained through a literature study of classical and contemporary Islamic legal sources, as well as national and international journal articles in the fields of bioethics and sexual health, which were analyzed normatively, analytically, and comparatively using the maqāṣid al-sharī‘ah framework. Findings – This study confirms that the practice of oral sex in marriage must be analyzed multidimensionally, considering medical risks, sexual ethics, and the quality of the husband-wife relationship. Medical bioethics findings indicate potential health risks that require caution, while Islamic bioethics and maqāṣid al-sharī‘ah provide a normative framework that emphasizes the protection of life, human dignity, and family welfare. Simultaneously, contemporary Islamic family law analysis reveals that the impact of oral sex on marital relations is highly dependent on the principles of equal consent, open communication, and balance of power in the relationship. Research implications – This finding implies the need for a reconstruction of sexual ethics in Islamic family law that is not permissive without limits but also does not reject medical science findings, instead integrating them critically for the benefit of the family. Originality/value – The originality of this research lies in its integrative approach to examining oral sex through a synthesis of medical bioethics, Islamic bioethics, and contemporary Islamic family law, thereby offering a more comprehensive and relevant normative-ethical perspective on Islamic law in the modern era.
The Principle of Reciprocity in Contemporary Court Decisions: Analysis of Qirā'ah Mubādalah in Divorce Decisions of the Surabaya Religious High Court Ali Ma'shum; Yustafad; Fatmah; Nailal Muna; Mohammad Rafli; Muhammad Khowarizmi
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/d0mvem37

Abstract

Purpose – The purpose of this study is to analyze contemporary judges' considerations in divorce case rulings at the Surabaya Religious High Court and to examine the principle of reciprocity in the Qirā'ah mubādalah theory. Alimony rulings are not based on the status of the father (male) or the mother (female), but rather on who is considered more capable of fulfilling it. Method - The method used was library research by reviewing the divorce decision of the Surabaya Religious High Court in case No. 217/Pdt.G/2021/PTA.Sby. The analysis was carried out using the concept of Qirā’ah mubādalah theory. Findings – The results of the study show that the judge's considerations were not only focused on normative aspects, but also on the socio-economic context of the parties and the correction of procedural errors at the first level. The revocation of māḍiyah income and the adjustment of ḥaḍānah income reflect situational justice in accordance with Q.S. At-ṭalāq. The principle of Qirā'ah mubādalah in the Surabaya Religious High Court (PTA) decision can be seen from the placement of men and women as equal subjects. The adjustment of livelihoods reflects mutual and relational justice, and shows that mubādalah values can be integrated into formal law in a fair and legitimate manner. Research implications and limitations – The limitation of this paper is that it does not present many court decisions on divorce cases as comparative data for this decision. Originality – The study is original in applying Qirā’ah mubādalah to court decision analysis.
Strengthening Awareness of Islamic Family Law Through Community-Based Education in Contemporary Era: A Study of the Yasin Nurul Hidayah Congregation, Kediri Abdullah Affandi; Indana Zulfa; Abdulnasir Alsayd
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: 10.33367/0xx5zk15

Abstract

Purpose – This study aims to examine how community-based education initiatives can raise awareness of Islamic family law regarding gender roles, rights and obligations, and domestic relationships among the congregation of Yasin Nurul Hidayah in Kediri. Methods – The research used a Community-Based Research (CBR) approach, involving the congregation as active partners in every stage of the activity. A series of interventions were carried out in the form of seminars, participatory workshops, and legal consultations. Findings – The results of the study show that participants not only gained a better understanding of Islamic family law, but also the ability to apply the principles of Islamic family law in their daily lives. The integration of local cultural values into each activity strengthened the legitimacy of the program and fostered a sense of shared ownership. Overall, the participatory approach proved effective in changing individual awareness while shaping a more equitable, cooperative, and mutually respectful collective attitude in family life. Implications – These findings enrich the discourse on legal empowerment by emphasising the importance of participatory and contextual strategies in raising Islamic family legal awareness. This study emphasises that sustainable family harmony cannot rely solely on normative regulations. Originality - This study shows that community-based approaches can be an innovative pathway to strengthen family resilience while promoting social transformation.
Integrating Islamic Family Law and Gender Equality: A Comparative Study of Legal Reform and Social Norms in Contemporary Indonesia and Morocco Ahmad Ash Shiddieqy; Akhmad Roja Badrus Zaman; Sumayyah Faqihah; Muhammad Nur Fathoni; Dinda Difia Madina
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/legitima.v7i2.7101

Abstract

Purpose - This study analyzes how the reform of the Islamic family law framework in Indonesia and Morocco interprets and accommodates gender equality values in their respective socio-legal contexts. Method – This study uses qualitative methods and literature analysis. The main sources include the Indonesian Marriage Law No. 1 of 1974 and the Moroccan Family Code of 2004 (Mudawwanah al-Usrah). The data were analyzed thematically to identify similarities and differences in the rules and application of gender-inclusive legal norms in Indonesia and Morocco. Findings – Both legal systems are rooted in Islamic Sharia principles and provide formal protections for women and children, such as women's right to file for divorce and the priority of children's welfare in custody decisions, but they differ in the structure of gender relations. Morocco has adopted an egalitarian model that recognizes wives as legal partners equal to their husbands. Meanwhile, Indonesia maintains a hierarchical model in which the husband is placed as the head of the family, reflecting the patriarchal norms that still prevail. This difference highlights the interaction between legal reform and the dominant social and cultural logic. Research implications – This study offers critical insights into the capacity of Islamic family law to adapt to greater gender inclusivity. Originality/value – This study contributes to the discourse on Islamic legal reform by illustrating how gender equality can be negotiated within sharia-based legal systems.
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.

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