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Abdul Kodir Alhamdani
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LEX FAMILIA: Journal of Islamic Family Law
Published by Penerbit Lestari Sakha Pustaka
ISSN : -     EISSN : 31242189     DOI : -
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LEX FAMILIA: Journal of Islamic Family Law (E-ISSN 3124-2189) is a high-quality open access peer-reviewed research journal published by the Penerbit Lestari Sakha Pustaka, West Java, Indonesia. Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every January and July. It focuses on the issue of study Contemporary Islamic Family Law practices in Indonesia, Southeast Asia, and Global Perspective by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, sharia economic law, human rights law, customary law, and environmental law, in the framework of Indonesian legal studies and global context. This journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing. Authors submitting manuscripts must adhere to the authorship guidelines. Submitted manuscripts that do not comply with these guidelines or are written in a different format will be rejected by the editors before further review. The editors will only accept manuscripts that meet the specified format.
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Articles 10 Documents
 1 
Perkawinan Beda Agama Pasca SEMA Nomor 2 Tahun 2023 dalam Perspektif Hifz al-Din dan Hak Konstitusional Membentuk Keluarga Mohammad Husni Mubarok; Mumu Fahmudin; Uus Kusmayadi
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 1 (2026): LEX FAMILIA: Journal of Islamic Family Law (Januari-Juni)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

The issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 marks a paradigm shift in family law in Indonesia, from the practice of judicial activism that opens up loopholes for interfaith marriage, to administrative restrictions that completely close down the practice. This study aims to analyze the legal implications of the SEMA by contrasting two diametric perspectives: the doctrine of religious protection (Hifz al-Din) and the constitutional rights of citizens. This research is a normative legal research with a statutory and conceptual approach. The research findings indicate that: (1) SEMA No. 2 of 2023 is a manifestation of Sadd al-Dzarai (preventive action) of the state to maintain the purity of faith and prevent confusion regarding the status of children's lineage (Hifz an-Nasl); (2) In the Indonesian legal system, the right to form a family (Article 28B of the 1945 Constitution) is categorized as derogable rights whose implementation is limited by religious values ​​as regulated in Article 28J paragraph (2) of the 1945 Constitution; (3) Despite creating legal certainty and unifying judicial interpretation, this SEMA has the potential to trigger legal resistance in the form of legal smuggling through marriages abroad or pseudo-religious conversions. This study concludes that SEMA No. 2 of 2023 confirms Indonesia's position as a state based on the rule of law that places theological validity as an absolute prerequisite for the administrative validity of marriage.
Efektivitas PERMA Nomor 1 Tahun 2016 Tentang Mediasi dalam Perkara Perceraian di Pengadilan Agama Purwakarta Dadang Jaya; Dudun Najmudin
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 1 (2026): LEX FAMILIA: Journal of Islamic Family Law (Januari-Juni)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

Divorce has been explicitly regulated in the Marriage Law Article 39 paragraph (1) which states that divorce can only be carried out before a court hearing after the court concerned has tried and failed to reconcile the two parties. Likewise, the affirmation in the Compilation of Islamic Law (KHI) states that divorce can only be carried out before a Religious Court hearing. This is implemented in order to make it difficult for divorce to occur in society and as a form of orderly population administration. The form of effort made by the court to reconcile the two parties who insist on going through a divorce is by requiring them to undergo a mediation process in the first instance court environment, both the District Court and the Religious Court. The implementation of Mediation in the first instance court environment in Indonesia for all civil cases became mandatory after the enactment of the Supreme Court Regulation (PERMA) hereinafter abbreviated as PERMA Number 2 of 2003 concerning Mediation Procedures in Court which has now been updated to PERMA Number 1 of 2016 concerning Mediation Procedures. With the obligation to undergo a mediation process for all civil disputes submitted to the court, it aims to find common ground and reach a consensus between the two disputing parties assisted by a mediator to reach an agreement so that in this case divorce can be minimized, as well as with a faster, simpler and cheaper settlement process. The efforts that have been made by the Supreme Court towards the settlement of civil disputes in court through PERMA Number 1 of 2016 certainly need to be optimized, not just a mere formality and not seriously trying various appropriate steps to reconcile the dispute. The effectiveness of mediation in court is very important to continue to be maximized, because it often happens that the parties being mediated no longer care about the agreement and/or the mediator is considered unfit to mediate the case; either because they are only carrying out their duties or the mediator has not obtained a mediation certificate as proof that the mediator has special expertise and tends to carry out the mediation process which is not much different from his previous role as a judge. This can be seen from the level of success of mediation in court, where the mediation success rate when compared to all cases received by the court is only below 10% which are declared successful mediation. Based on the explanation above, the mediator has a very important role in this case to reconcile divorce cases that go to court to reconcile and find an agreement for both parties. However, there is a fact that in the Purwakarta Religious Court the judge who also serves as a mediator does not have a mediator certificate and the busyness of the trial affects the quality of mediation achievements. Therefore, the author will examine in the form of research on how effective mediation is in court after the enactment of Supreme Court Regulation Number 1 of 2016 concerning Mediation in Court.
Paradigma Hakim dalam Menetapkan Tirkah dan Harta Bersama pada Keluarga Poligami: Analisis Putusan MA Nomor 107 PK/Ag/2016 Abdul Kodir Alhamdani; Ahmad Firman
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 1 (2026): LEX FAMILIA: Journal of Islamic Family Law (Januari-Juni)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

Inheritance disputes in polygamous families often present complex issues regarding the commingling of assets (vermenging) which are not rigidly accommodated by Article 94 of the Compilation of Islamic Law (KHI). This study aims to analyze the legal reasoning of Supreme Court Justices in determining the status of joint property (gono-gini) and inheritance estate (tirkah) in cases where physical assets are administratively controlled by a single wife. This research employs a qualitative method with a normative-juridical approach and a case study of the Judicial Review Decision Number 107 PK/Ag/2016. The findings indicate that the Supreme Court applied a progressive legal paradigm by introducing the concept of Collective Joint Property. The judges ruled that assets registered under the name of the third wife constitute joint property belonging to the marital union of the husband and all three wives collectively. Legally, the asset was separated (tashfiyah) into two equal parts: one half as the deceased's inheritance estate, and the other half distributed equally among the three wives as their joint property rights, regardless of marriage duration or certificate holdership. Furthermore, this study found that the judge's ex officio action to annul the Freehold Title Certificate (SHM) even though not explicitly requested in the lawsuit's petitum was not a violation of the ultra petitum partium principle, but rather an absolute juridical consequence to ensure legal certainty and the executability of the verdict. This study concludes that in polygamous inheritance disputes, judges tend to prioritize distributive justice and material truth over procedural formalities and administrative evidence.
Perbandingan Kedudukan Hukum Perceraian di Luar Pengadilan Indonesia dan Pakistan: Perspektif Fikih dan Hukum Positif Nandi Yosep Kustiwa; Ahmad Nurjaman; Muhamad Ramdhan; Sisca Lestari; Encum Sumirah
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 1 (2026): LEX FAMILIA: Journal of Islamic Family Law (Januari-Juni)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

This study provides a comparative analysis of the legal standing of extra-judicial divorce (talak) in Indonesia and Pakistan, examining the divergence between classical Islamic jurisprudence (fiqh) and modern positive law. While classical fiqh grants husbands a unilateral right to divorce effective upon pronouncement, the codification of family law in both nations has created a legal dualism. This phenomenon, where a divorce may be valid religiously but not legally, generates significant legal uncertainty and social vulnerability, particularly for women and children regarding their post-divorce rights. This research employs a normative-comparative legal approach, analyzing primary legal sources Indonesia's Law No. 1 of 1974 and Compilation of Islamic Law (KHI), and Pakistan's Muslim Family Laws Ordinance (MFLO) of 1961 alongside classical fiqh texts. The findings reveal two distinct regulatory philosophies. Indonesia adopts a judicial invalidation model, where any divorce outside the court is legally void and without legal effect, centralizing all authority within the judiciary to ensure absolute legal certainty. In contrast, Pakistan implements a sanction-based regulation model. The MFLO 1961 acknowledges the occurrence of extra-judicial talak but mandates a strict reporting procedure to an Arbitration Council and imposes criminal penalties, including imprisonment or fines, for non-compliance. This study concludes that Indonesia's approach provides superior formal legal certainty but struggles with social implementation, leading to limping marriages. Pakistan's pragmatic model offers stronger deterrents through sanctions but faces challenges with low compliance and conservative resistance. The comparison highlights the fundamental dilemma between juridical idealism and social pragmatism in modernizing Islamic family law.
Analisis Batas Usia Nikah di Indonesia Pasca Putusan MK Nomor 22/PUU-XV/2017 dan Undang-Undang Perkawinan di Indonesia Halmi Abdul Halim; Yudi Wahyudin; Fajar Meihadi; Syahrial; Ai Nurjannah
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 1 (2026): LEX FAMILIA: Journal of Islamic Family Law (Januari-Juni)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

There is a change in the age limit for marriage in Law Number 1 of 1974 concerning Marriage, which was originally 16 years for women and 18 years for men, replaced with 18 years for Men and Women in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage raises the question of whether the age of 18 is ideal for marriage? So what is the social impact? Moreover, there is a science that focuses on recognizing a person's soul, namely psychology, so if you look at it from a sociological perspective, the ideal age for marriage is 18 years old. From the results of the discussion, it was found that the ideal age for marriage for men and women is 17 years and above because the teenage phase has been passed so that the age of 18 years in the Law is considered ideal for marriage. Families will be more prosperous because the couple's maturity will result in good social interactions, there will be changes in social stigma in community customs, there will be increased legal efforts, there will be a reduction in the desire for early marriage and there will be reproductive health protection for women.
Fenomena Fatherless di Indonesia dan Urgensi Rekonstruksi Syarat Hadanah: Tinjauan Sosiologi Hukum Islam Nandu Riana; Yudi Wahyudin; Encum Sumirah; Samsul Bahri; Ahmad Nurjaman
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
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The fatherless phenomenon in Indonesia has become a concerning social problem, where many children grow up without the emotional and psychological involvement of their fathers in parenting. This study aims to: first, analyze the fatherless phenomenon and its contributing factors within the context of Islamic family law; second, examine the relevance of hadanah requirements in classical fiqh and Indonesian positive law to contemporary social realities; and third, formulate a reconstruction concept of hadanah requirements based on the sociology of Islamic law. This study employs a normative legal research method with a sociology of Islamic law approach, utilizing primary and secondary legal materials analyzed qualitatively through content analysis within the framework of maqāṣid sharī'ah theory. The findings reveal that the fatherless phenomenon is caused by multidimensional factors including divorce, irresponsible fathers, and emotional absence, which correlate with long-term psychological impacts such as midlife crisis. Article 105 of the Compilation of Islamic Law proves inadequate as it only regulates physical-material aspects of custody without incorporating indicators of parental emotional involvement. The proposed reconstruction encompasses three integrative dimensions: a normative dimension adding emotional and psychological involvement requirements, an institutional dimension implementing shared parenting models, and an implementative dimension developing post-verdict monitoring mechanisms, all grounded in maqāṣid sharī'ah and maslahah principles.
Cerai Gugat Perspektif Hukum Islam dan Hukum Positif: Analisis Faktor Penyebab Tingginya Angka Cerai Gugat di Pengadilan Agama Sumedang Rusdi Zam Zam Jauhari; Istiqomah; Habib Al Fadli; Muksin Najarudin Aris; Mohammad Husni Mubarok
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
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Abstract

Contested divorce (cerai gugat) is a dominant phenomenon in divorce cases at Religious Courts in Indonesia, including the Sumedang Religious Court. This study aims to analyze the concept of contested divorce from the perspectives of Islamic law and Indonesian positive law, and to identify the dominant factors causing the high rate of contested divorce at the Sumedang Religious Court. The research employs a normative-empirical method with a qualitative approach through interviews, observation, and documentation studies. The findings reveal that contested divorce in Islamic law corresponds to the concept of khulu' based on Al-Qur'an Surah Al-Baqarah verse 229, while positive law regulates it through Article 132 of the Compilation of Islamic Law, requiring divorce to be conducted before the Religious Court. The dominant factors include: economic problems, continuous disputes and quarrels, husband's irresponsibility, domestic violence and infidelity, increasing legal awareness and women's independence, and socio-cultural factors such as arranged marriages and lack of spiritual readiness. Mediation efforts at the Sumedang Religious Court have not been effective due to low mediator professionalism and the strong determination of parties to divorce. This study recommends improving mediator quality, strengthening partnerships with BP4, optimizing premarital education, and consistently implementing divorce certificate withholding instruments to guarantee women's rights post-divorce.
Analisis Yuridis Penggunaan Mediator Non-Sertifikasi dalam Proses Mediasi Perkara Perdata di Pengadilan Negeri Sumedang Hilda Emillia; Yasfi Lubnatul Aulia; Sofi Nurmala; Nur Aulia Husaeni; Samsul Bahri
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
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Mediation is a mandatory procedure in resolving civil cases at the court of first instance as regulated in Supreme Court Regulation (PERMA) Number 1 of 2016. The regulation requires mediators to possess a mediator certificate; however, in practice, many courts face a shortage of certified mediators, leading to the use of non-certified mediators. This study aims to analyze the legal basis and mechanisms for utilizing non-certified mediators, examine the juridical implications on the validity of the mediation process and court decisions, and identify obstacles and legal solutions at the Sumedang District Court. The research employs an empirical juridical method with a descriptive analytical approach. Primary data were obtained through interviews and observations at the Sumedang District Court, while secondary data were gathered through literature review. The findings reveal that the use of non-certified mediators holds legal legitimacy under Article 13 paragraph (2) of PERMA Number 1 of 2016, which permits non-certified judges to serve as mediators based on a decree issued by the chief justice of the court. Formally, the mediation process and resulting decisions remain legally valid; however, substantively, the quality of mediation is lower due to limited mediator skills, rendering mediation merely a procedural formality. Identified obstacles include insufficient mediator competence, limited time of judges serving dual roles as mediators, lack of good faith from the parties, inadequate mediation facilities, and unsupportive legal culture. Recommended solutions encompass expanding mediator certification programs, empowering certified non-judge mediators, improving facilities, and disseminating the benefits of mediation to the public.
Implementasi Regulasi Taukil Wali Berdasarkan PMA Nomor 20 Tahun 2019 (Studi Kasus di KUA Kecamatan Cimalaka Kabupaten Sumedang) Rizal Firdaus; Fitri Samrotul Puadah; Widya Nurul Hasni; Siti Robiatul Adawiyah; Syifa Febriana Nurul Wildain
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
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Taukil wali is a mechanism for delegating marriage guardianship rights to another party, regulated under Article 12 paragraphs (4) and (5) of the Minister of Religious Affairs Regulation (PMA) Number 20 of 2019 concerning Marriage Registration. This study aims to analyze the implementation mechanism of taukil wali regulation at the Office of Religious Affairs (KUA) of Cimalaka Subdistrict, Sumedang Regency, identify supporting and inhibiting factors, and examine its conformity with Islamic law and prevailing legislation. This research employs a qualitative method with a juridical-empirical approach through in-depth interviews, observation, and documentation. The findings reveal that the taukil wali mechanism at KUA Cimalaka has procedurally complied with PMA Number 20 of 2019, encompassing marriage registration, document examination, preparation of the taukil wali letter before the Head of KUA according to the guardian's domicile witnessed by two witnesses, and the execution of the marriage contract by the representative guardian. Supporting factors include regulatory clarity, competence of religious marriage officers, and advancement of communication technology, while inhibiting factors encompass low legal awareness among the community, geographical-administrative constraints, and Sundanese socio-cultural factors. Substantively, the practice conforms to Islamic legal principles agreed upon by four schools of jurisprudence and supported by the principle of dar' al-mafasid muqaddam 'ala jalb al-mashalih, yet procedural inconsistencies persist, particularly the use of judge guardians without first pursuing the taukil wali mechanism. This study recommends intensifying socialization of taukil wali regulations and strengthening inter-KUA coordination.
Perbandingan Konsep Talak Menurut Fikih Klasik dan Kompilasi Hukum Islam Fajar Durun Nafis; Iip Nur Fahmi; Zulfa Adzillan Nuha; Samsul Bahri; Novi Laela Sugiman
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
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Talaq is one of the instruments for the dissolution of marriage regulated both in classical fiqh and the Compilation of Islamic Law (KHI). The conceptual differences between the two often create problems among Indonesian society. This study aims to analyze and compare the concept of talaq according to classical fiqh and KHI comprehensively, covering aspects of definition, conditions and pillars, classification, procedures, and legal consequences of talaq. This is a normative legal research employing statutory, conceptual, and comparative approaches. Data sources consist of primary legal materials including KHI, Law No. 1 of 1974, and classical fiqh books, as well as secondary legal materials comprising journals and related literature. Data analysis was conducted using qualitative descriptive-analytical methods. The findings reveal that classical fiqh and KHI share similarities in the classification of talaq types but differ fundamentally in three aspects: first, classical fiqh positions talaq as the husband's prerogative right exercisable without court involvement, whereas KHI requires the talaq pledge before the Religious Court; second, triple talaq pronounced simultaneously is considered valid as three by the majority of classical fiqh scholars, while KHI counts it as one; third, the wife's post-divorce rights under KHI are only guaranteed through court mechanisms. The transformation from classical fiqh to KHI represents a legal development oriented toward public interest and the protection of women's rights.

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