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Al Fuadiy: Jurnal Hukum Keluarga Islam
Published by LP3M Institut KH Yazid Karimullah
ISSN : 29646480     EISSN : 29617308     DOI : 10.55606
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al Fuadiy : Jurnal Hukum Keluarga Islam P-ISSN: 2964-6480, E-ISSN: 2961-7308, DOI 10.55606, publishes scholarly articles and reviews on the discourse of Islamic and Comparative law in Muslim Societies. The material presented includes textual studies and field studies with multiple perspectives on Islamic Family Law, Islamic discourse, gender, (legal drafting) Islamic Civil Law, Islamic inheritance law, Islamic criminal law and waqf. The Journal available online and published twice a year (January-June and July-December) by the Islamic Family Law Study Programme, College of Sharia Nurul Qarnain Jember. The journal is highly receptive to new research patterns and methods. The following articles will be issued for publication: 1) Family Law, 2) Gender Issues, 3) Legacy, etc.
Arjuna Subject : Umum - Umum
Articles 69 Documents
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Kedudukan dan Besaran Mahar dalam Pernikahan Menurut Pendapat Para Ulama’ M Burhanudin
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1641

Abstract

In the Fiqh of Marriage, Mahar/shodaq is a gift from the prospective husband to his prospective wife as an expression of love, not as wages or compensation for the woman, the amount of dowry which can vary from one person to another. Then, in relation to the marriage the Kabul consent, So the question arises what is the urgency of the dowry (shodaq) and its position in marriage? Is the mention of the dowry required in the Kabul consent? What is the actual dowry? To answer the problems above, this article was written,, aims to examine and analyze the views of dowry, both from a legal perspective its position and amount in marriage and what are the consequences of a marriage that does not mention a dowry, also includes arguments and as well as discuss them using descriptive methods of analysis.The results of this analysis show that the law of dowry in marriage is obligatory but is not included in the pillars and conditions of marriage. There is no specific maximum limit according to the majority of scholars madzhab, As for the minimum nominal, there are 2 opinions, the first is the Shafi'iyah madzhab: there is no minimum limit, and the Malikiyah and Hanafiyah madzhab require a minimum dowry of 10 Dirhams, This is the amount of the nishab for cutting off a hand in the event of theft. And the dowry is recommended to be mentioned in the Kabul consent Iqtida'an with the Prophet Muhammad SAW.
Analisis Penyelesaian Sengketa Harta Bersama dalam Perkawinan: Perspektif Hukum Keluarga Islam Dyah Ayu Vijaya Laksmi; Syukron Nur Aziz; Kodrattullah Sidiq
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1646

Abstract

The resolution of joint property disputes remains a critical challenge within Indonesia’s religious court system, particularly in divorce cases. This research explores the application of justice and legal certainty principles in the division of joint marital assets at the Metro Religious Court. Employing a descriptive qualitative approach, data were collected through in-depth interviews, courtroom observations, and the analysis of court rulings on 20 selected cases. Findings reveal that 60% of disputes were successfully resolved through mutual agreements facilitated by judges acting as mediators, while the remaining 40% required judicial rulings due to unsuccessful mediation. The effectiveness of consensus-based settlements is closely linked to mediation skills, the willingness of parties to compromise, and their understanding of rights and obligations. These results highlight the relevance of syura and tahkim principles in Islamic family law as effective foundations for achieving fairness and mutual benefit. The study recommends strengthening judges’ mediation capacities, developing technical guidelines for resolving joint property disputes, and promoting broader public awareness of deliberation-based mechanisms to ensure more efficient, just, and maslahat-oriented resolutions.
Pelimpahan Hutang terhadap Ahli Waris: Perspektif Hukum Positif dan Hukum Islam Abd. Holik
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1653

Abstract

This study analyzes the transfer of a deceased person's debt to heirs from the perspectives of positive law (Indonesian Civil Code) and Islamic law. Under the Indonesian Civil Code, heirs automatically receive the rights and obligations of the deceased, including debts, but have the option to renounce the inheritance, thereby freeing themselves from debt liability. In contrast, under Islamic law, the transfer of debt (hiwalah) is obligatory for those capable of assuming it, and delaying payment by a financially capable individual is considered an act of injustice (zalim). This study aims to compare these two legal perspectives on the responsibility of heirs for the deceased's debts and their implications. Employing a qualitative normative legal research method with a literature review approach, secondary data from the Al-Qur'an, Hadith, Indonesian Civil Code, and relevant legal literature are analyzed. The findings reveal significant differences in approaches between positive law and Islamic law regarding the option of inheritance renunciation and the implications of debt. Islamic law places a stronger emphasis on the absolute obligation to settle debts for the welfare of the deceased, heirs, and creditors, while positive law offers more flexibility to heirs.
Relevansi Konsep Nafkah dalam Hukum Keluarga Islam terhadap Dinamika Kehidupan Modern Toha Ma'arif
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1669

Abstract

The rapid development of modern life has brought significant changes to family structures, economic patterns, and gender roles. These transformations have created new challenges in the implementation of the concept of nafkah (financial support) in Islamic family law, particularly in balancing traditional obligations with contemporary realities. This study is motivated by the growing number of divorce cases in Islamic courts that are often linked to the husband’s negligence in fulfilling nafkah, as well as the shifting of economic responsibilities within households where wives increasingly contribute to family income. The primary aim of this research is to analyze the relevance of the nafkah obligation in Islamic family law to the dynamics of modern life, while also exploring the possibility of reinterpretation to ensure its alignment with the enduring principles of sharia. The study employs a library research method, drawing on primary sources such as the Qur’an, Hadith, classical fiqh literature, and the Compilation of Islamic Law, complemented by secondary sources including books, scholarly articles, and contemporary research findings. The results reveal that the concept of nafkah demonstrates flexibility and adaptability when viewed through the frameworks of maqāṣid al-sharī‘ah, responsive law theory, and gender justice. Thus, nafkah remains relevant in addressing modern needs like education, healthcare, and technology, while promoting cooperative roles between spouses. Keywords: Islamic family law, nafkah, maqāṣid al-sharī‘ah, gender justice, responsive law 
Pertimbangan Hakim dalam Penyelesaian Perceraian akibat Perselisihan dalam Keluarga di Mahkamah Syar’iyyah Kota Banda Aceh Tahun 2022-2024 khairuzzazi; Alimuddin; Shabarullah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1672

Abstract

Divorce is considered the last resort when marriage can no longer achieve its purpose of establishing sakinah, mawaddah, and rahmah due to prolonged disputes. This study aims to examine and analyze the judicial considerations of the judges at Mahkamah Syar’iyah Banda Aceh in deciding divorce cases caused by family conflicts, as well as to identify the legal foundations underlying these rulings. This research employs a qualitative method with a juridical-normative approach, using three divorce rulings as samples, namely Decision Number 1/Pdt.G/2022/MS.Bna, Decision Number 71/Pdt.G/2023/MS.Bna, and Decision Number 345/Pdt.G/2024/MS.Bna. Primary data were obtained from official court rulings, while secondary data were derived from legal literature and statutory regulations. The findings reveal that the judges’ considerations are based on two main points: the breakdown of the household due to continuous disputes and failed reconciliation efforts, and the inability of spouses to fulfill their marital rights and obligations. Divorce is deemed valid when maintaining the marriage would result in greater harm. The legal basis applied includes Law No. 1 of 1974, Government Regulation No. 9 of 1975, the Compilation of Islamic Law, jurisprudence, and Islamic legal principles. Thus, divorce is viewed as a legal measure to prevent greater harm to the parties involved.
Tinjauan Maqasid Syariah terhadap Penolakan Hakim dalam Gugatan Hak Asuh Anak bagi Ayah ataupun Ibu Putra Ramadan; Badrul Munir; Aulil Amri
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1674

Abstract

The implementation of maqasid al-shariah in child custody cases at the Banda Aceh Sharia Court reflects a paradigm shift from a textual application of Islamic law toward a contextual approach that prioritizes the welfare of the child. The analysis of three judicial decisions reveals that judges integrate the principles of protecting life (hifz al-nafs), lineage (hifz al-nasl), and intellect (hifz al-‘aql) into their legal reasoning. This interpretive approach produces a balance between normative and substantive justice, portraying Islamic law as a humane and context-sensitive system within the dynamics of modern family life. The application of maqasid al-shariah in Aceh’s family courts demonstrates that Islamic law possesses the flexibility to address contemporary human concerns while preserving its theological integrity. Consequently, the maqasid-based adjudication paradigm offers an alternative model for Indonesia’s Islamic legal system—one that harmonizes scriptural principles with social realities and ethical objectives.
Pergeseran Peran Qawwam Akibat Kemandirian Ekonomi Perempuan: Analisis Sosio-fiqh atas Determinan Perceraian Zuhairiah; Nur Aulia Rahmah; St. Mukhlisshah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1778

Abstract

This study analyzes the implications of women’s economic independence on the reinterpretation of qawwam and its relation to the increasing trend of female-initiated divorce (cerai gugat) in contemporary Muslim families. Using a qualitative socio-fiqh approach, the research combines normative Islamic legal analysis with secondary empirical data, including official divorce statistics from the Religious Courts and the Central Bureau of Statistics (BPS), as well as selected public divorce cases as illustrative contexts. The findings indicate that women’s economic independence does not function as a direct cause of divorce, but as an enabling factor that reshapes power relations and decision-making dynamics within marriage. This condition encourages a shift in the understanding of qawwam from a hierarchical, maintenance-based authority toward a functional and partnership-oriented leadership model. From a maqāṣid al-syarī‘ah perspective, cerai gugat can be understood as a legitimate corrective mechanism to prevent harm and uphold justice and human dignity. This study contributes to contemporary Islamic family law discourse by offering a contextual reinterpretation of qawwam that is responsive to socio-economic change while remaining grounded in the objectives of Islamic law.
Pengaturan Pernikahan Anak di Bawah Umur dalam Hadis dan Hukum Islam Habibi. H; Amrudin
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1799

Abstract

Child marriage remains a debated issue in Islamic legal discourse due to the absence of an explicit minimum age requirement in hadith and classical fiqh. This article examines the regulation of underage marriage through an analysis of prophetic traditions, classical and contemporary juristic opinions, and developments in modern Islamic legal thought using a qualitative normative library research approach. The study finds that Islamic teachings emphasize readiness, capability, and responsibility rather than numerical age, while simultaneously upholding the principle of preventing harm. Through a maqāṣid al-sharī‘ah perspective, contemporary Islamic law increasingly views child marriage practices that cause physical, psychological, and social harm as inconsistent with the objectives of protecting life, intellect, and lineage. These findings contribute to a contextual understanding of hadith and support the formulation of Islamic legal regulations oriented toward child protection and public welfare.
Batasan Hibah dalam Perspektif Perlindungan Hak Ahli Waris Menurut Hukum Islam dan KHI Alif Andi
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law (in Press)
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1802

Abstract

The regulation of hibah (inter vivos gifts) in Islamic law is closely connected to the protection of heirs’ rights within the inheritance system. In practice, excessive or discriminatory gifts may undermine the principle of justice guaranteed in Islamic inheritance law. A normative legal approach is applied by examining primary legal sources, including the Qur’an, Hadith, and the Compilation of Islamic Law (KHI), supported by fiqh literature and scholarly journals. The analysis demonstrates that although hibah is a lawful act carried out during the lifetime of the property owner, Islamic law restricts its amount to a maximum of one-third of the estate to prevent harm to heirs. Gifts made during maradh al-maut are legally equated with wills and subject to similar limitations. Articles 210–211 of the KHI also provide a mechanism for recalculating parental gifts to children as inheritance in order to ensure fairness. These limitations reflect an effort to balance individual property rights with family protection and the principle of justice in Islamic law.
Kajian Lafaz dalam Teks Hukum Islam: Analisis Dalālat Al-Manṭūq dan Implikasinya terhadap Istinbāṭ Al-Ḥukm Nurmilasari; Abd. Rauf Muhammad Amin; Fatmawati
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law (in Press)
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1807

Abstract

The analysis of wording (lafaz) in Islamic legal texts occupies a central position in the methodology of Islamic jurisprudence, particularly in the process of legal derivation (istinbāṭ al-ḥukm). Explicit textual meaning (dalālat al-manṭūq) represents the most direct form of legal indication and functions as a primary reference before engaging implicit meanings or analogical reasoning. However, contemporary legal discussions often reveal inconsistencies in understanding the scope and authority of explicit meaning, leading to divergent legal conclusions. This article examines the forms and classifications of dalālat al-manṭūq and analyzes their implications for legal reasoning within the framework of uṣūl al-fiqh. Employing a qualitative descriptive-analytical approach, the discussion is grounded in a critical review of classical and contemporary uṣūl al-fiqh literature. The findings demonstrate that dalālat al-manṭūq al-ṣarīḥ holds strong legal authority due to its clarity and minimal interpretative ambiguity, while dalālat al-manṭūq ghayr al-ṣarīḥ, although still authoritative, requires careful contextual and linguistic analysis. The study highlights the continuing relevance of precise textual interpretation in responding to modern legal challenges and emphasizes that methodological rigor in understanding explicit meaning is essential to ensure legal rulings remain aligned with the objectives of Islamic law (maqāṣid al-sharīʿah).

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