Islamic Family Research Articles

HAK ISTRI DALAM HUBUNGAN SEKSUAL MENURUT HUKUM KELUARGA ISLAM

In marital relations, one of which is sexual relations, Islam puts forward the principles of equality between husband and wife, but in reality, women often treated unfriendly and prone to not fulfilling their rghts, one of which is the right to enjoy sexual relations. This study aims to understand the right to enjoy sexual relations for women in Islam an its relation to communication in marriage, as well as the exposure of ‘aqd tamlik and ‘aqd ibahah in marriage. The research method used in this research s library research with a normative approach. The result of this research is that culture has formed male superiority in sexual relations. Religious texts need to be accompanied by good communication in marriage as bridge for the creation of good husband and wife relatons. ‘Aqd tamlik is marriage with concept of a contract of ownership (the husband owns the wife completely), ‘aqd ibahah means the concept of marriage involving an agreement between the two parties. Keywords: Women's Rights; Marriage Communication; Islamic Family Law

Istri Sebagai Penanggung Jawab Nafkah Keluarga: Kajian Sosiologi Hukum di Tengah Masyarakat Muslim Desa Sikayu Kecamatan Comal Kabupaten Pemalang

In principle, a husband has an obligation to provide for his wife as stated in the Quran and Marriage Law. However, the reality in Sikayu Village is that wives are the ones who provide for the family. This article aims to explain the phenomenon of wives as the breadwinners of the family and attempts to analyze the reasons and implications of this behavior. This study used a juridical-sociological method through the Islamic family law approach. The data used were primary and secondary data, where the primary data were obtained directly from the Muslim community in Sikayu Village, while the secondary data were library materials (primary and secondary sources). The research subjects focused on Muslim women who are the main breadwinners in their families. The techniques used to collect data were interviews, documentation, and observation. The research findings showed that cases of wives as breadwinners are very common in Sikayu Village, and in some cases, wives replace their husbands as the leader of the family. Some of the reasons for this are to alleviate family needs, economic needs, husbands without a steady job, dominant environmental factors, many family burdens, filling leisure time, and women's willingness to work. These reasons are driven by two major factors: internal and external factors. The implications are only positive because in reality, it does not create conflict within the family. On the contrary, families in the Muslim community in Sikayu Village are categorized as harmonious families.

Analisis Maslahah Terhadap Penolakan Akad Pernikahan Pasangan LGBT dalam Konstruksi Hukum Keluarga Islam

This research highlights the view of Islamic family law on the rejection of the marriage contract of LGBT couples as a marriage, which is seen through the lens of Maslahah theory. Through a literature study using qualitative research based on the scalpel of Maslahah theory, The research underlines that marriage in Islam is not only an agreement between two individuals but also an institution governed by certain conditions and pillars, including the existence of male and female parties who are permitted according to Sharia, as well as the existence of a guardian, dowry, and fair witnesses. In the context of LGBT couples, the marriage contract does not fulfil these conditions, so it cannot be considered a marriage contract in Islamic family law. In addition, the rejection is analysed through Maslahah theory, which emphasises the importance of maintaining the integrity of the family structure, moral values and spiritual goals in society. The refusal is interpreted as an attempt to preserve the general welfare by maintaining social harmony and adherence to Islamic principles. It shows that the rejection of marriage contracts for LGBT couples is not discriminatory but rather the result of a deep understanding of the concept of marriage in Islam, with the aim of achieving broader welfare and protecting the institution of the family as the basic social and spiritual unit. This research confirms that Islamic law is a dynamic and adaptive system seeking to promote justice and welfare in accordance with religious principles and the needs of society. Thus, the rejection of marriage contracts for LGBT couples in Islamic family law can be understood as part of an effort to maintain the harmony of society without abandoning the underlying religious principles.

BOŞANMA ÇERÇEVESİNDE OSMANLI AİLE HUKUKU (HUKUK-İ AİLE KARARNAMESİ) İLE NİJERYA’DAKİ İSLAM AİLE HUKUKU’NUN MUKYESESİ

Islamic Family Law is the most applied aspect of Islamic Law. The glorious Quran which the first source of Islam underscores this space of law. During the reign of Ottoman empire, the promulgation of Family Law Decree (HAK) was the final step in the codification processes of Islamic Law. Also, Muslim dominated Northern Nigeria implements Islamic family law through various levels of sharia courts. One of the most frequent cases are divorce related ones. This work aims to analyse the provisions on divorce to divulge the points of differences and similarities between HAK and Islamic Family Law in Nigeria. Different resources were accessed to form a qualitative comparative analysis of the legal provisions. The adoption of views of other schools of fiqih along with Hanafi views in HAK created links and similarities with Maliki school that is embraced in Islamic divorce law in Nigeria. Although, the authorization of arbitration is a common ground, however HAK sanctioned the arbitrators to conclusively terminate the marriage if it is deemed necessary. Absence of codified Islamic Family Law in Nigeria remains an appalling side which has to be fixed with the blueprint of HAK.

The Transformation of the Dilemma of Role Exchange in the Household: Analyzed Gender in Family Resilience Discourse in National Law and Islamic Law

This article analyzes the dilemma of changing roles in a household that is often unequal. Inequality occurs due to the wife's dominant role in meeting the family's needs; the wife bears a double burden compared to the husband. This study uses qualitative research with a literature research system through a formal juridical approach and gender analysis. The subject of this research refers to the articles in the Marriage Act and Compilation of Islamic Law. Researchers chose purposive sampling based on specific criteria and categories that can be described and analyzed. The findings of this study indicate the dilemma of relationships and roles in the household, where the ideal relationship within the family must be a provision for family resilience to realize national resilience. In addition, working women must be able to carry out their rights and obligations in a balanced way, even though information technology and the media are challenges to family life today. The optimization of the marriage guidance program and the reconstruction of Islamic Family Law and the Marriage Law must serve as an affirmation basis for the dynamics of marital relationship patterns. However, society must also understand that the social role of a partner is not absolute. His position can be exchanged as needed for the continuation of the marriage.

The Dynamics of Inheritance in Various Modern Muslim Countries

Islamic inheritance law is an important expression of Islamic family law which is a half of the knowledge possessed by humans as emphasized by the Prophet Muhammad Saw. Islamic inheritance laws basically apply to Muslims anywhere in the world. Islamic inheritance law stipulates that children can be replace their father's position, both sons and daughters. The purpose of this research is to find out how Islamic inheritance law is implemented in several Muslim countries in the world. This research uses a library research types with a normative juridical approach. The research was conducted by collecting data as the main source such as books, journal articles and other data which were analyzed by Islamic law. The research is described normatively clearly according to the existing data. The results of this study indicate that the law of inheritance in Islam states that a child who can replace his father's position is a son and daughter from the male lineage whose father has died before the heir. Meanwhile, sons and daughters from the female lineage have no right at all to replace their mother's position to obtain property from their grandfather (heir). Besides that, the culture of a Muslim country and the social life of the people in that country have an influence on the inheritance law in that country.

Parenting Education in Islamic Families within the Framework of Family Resilience in Aceh, Indonesia

Parenting education plays an important role in fostering healthy family character, supporting child development, and ensuring family resilience. This research aims to apply Islamic values in parenting practices, examine the role of culture and community support, understand challenges and parenting strategies, analyze gender roles, and assess the effectiveness of parenting education programs in Aceh. The study uses qualitative methods, and analysis using parenting theory. Semi-structured interviews and literature studies were used to collect data. The analysis includes coding of qualitative data, classification, and interpretation. Ethical considerations are enforced throughout the research process, to ensure respondent consent, privacy, and confidentiality and address potential researcher bias. The results of the study concluded that parenting education requires support from Islamic values, culture, community encouragement, fair and good parenting, gender roles, and parenting education programs. Parenting education for Islamic families in Aceh based on religious values (such as monotheism and piety) and Islamic culture has been proven to create family resilience. The tsunami incident is clear evidence of the resilience of the Acehnese family based on Islamic values and religious culture. On the other hand, religious leaders and educators can encourage and enhance this parenting education model in society. The findings of this study have practical implications for developing parenting education programs and interventions that are sensitive to values and culture in promoting well-being, the Islamic family model and family resilience in Aceh, Indonesia.

Islamic Khitbah (A Comparison of Madzhabs in Islam)

The importance of family in Islam is widely recognized, as it serves as the foundation for the construction of strong, resilient, harmonious, and happy societies. The establishment of a peaceful and cohesive society is intricately linked to the well-being of each family unit, as families are regarded as the epitome of a nation. To foster harmonious families, the adherence to appropriate processes and procedures in line with Islamic law and local customs is crucial. The dynamics and evolution of social traditions and customs in the context of premarital life exhibit diverse styles. For instance, the engagement traditions observed in various communities such as Seserahan in Java, Peningset or Ngemblok in Sunda, Merisik in Riau, Marhusip in Batak, Maminang in Minangkabau, Mapettuada in Bugis, and many others, exemplify the distinct premarital proposal customs prevalent in society. Khitbah refers to the formal request made by a man to a woman, or vice versa, expressing the intention to marry. It can be done directly or through intermediaries, in accordance with the provisions of Sharia. The Quranic evidence for Khitbah can be found in Surah Al-Baqarah (Chapter 2), Verse 235. Additionally, various hadiths discuss Khitbah, with one narrated by Abu Daud emphasizing the importance of motivating factors when proposing marriage.

The importance of the family in Islam and the challenges facing the family system

The importance of the family in Islam and the challenges facing the family system

Judicial Review of Mufti Decisions Applying Islamic Family Law in Greece

Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). However, to produce their effects, Mufti decisions need to undergo review and to be declared enforceable by the civil court. The aim of this article is to explore the relevant legal framework arranged in law 4964/2022 and presidential decree 52/2019, whereby the details of such a judicial review are set out. In particular, this article considers the prerequisite of the exequatur to religious adjudication, and then, it goes through all of the levels over which the said review extends, bringing progressively into focus the review of the scope of jurisdiction, the review of compatibility with the Constitution and the European Convention of Human Rights, and the review of some additional issues raised specifically by presidential decree 52/2019 over and above the points just mentioned. A final remark follows in connection with possible errors committed in religious adjudication—errors of law or fact—which remain beyond the reach of the review.

The Nature of Divorce in Various Perspectives (Philosophical, Juridical, Sociological, And Psychological Reviews on The Meaning of Divorce)

The essence of divorce has many meanings, depending on the situation and conditions, depending on what perspective it is viewed from. The 4 aspects or perspectives for understanding the nature of divorce analyzed in this study include; (1) the nature of divorce from a philosophical perspective; (2) the nature of the divorce from a juridical perspective; (3) the nature of divorce from a sociological perspective; (4) the nature of divorce from a psychological perspective; (5) the essence of divorce is viewed from the perspective of Islamic law. The results of this research objective are expected to be able to resolve the gaps between various aspects in understanding the nature of divorce. The approach in this study is multidisciplinary in nature so that the data is integral/intact. The research method used is the study of literature with the primary source being the philosophy of Islamic family law, divorce from the perspective of positive law and Islamic law, family psychology, socio-cultural transformation within the family, and other sources that help this research to be comprehensive and used as a secondary source

A View of Islamic Family Law on the Neglect of Children’s Growth and Development Rights by Parents

Parents are the first education obtained by children. All education received by children begins with the closest family education, whom are the child’s parents. Proper parenting that fosters children’s affection and attention can manage children’s emotions when socializing among society. The method used in this article is qualitative method, which is a method of producing descriptive data. This research also uses maqasid sharia theory and hadhanah with descriptive methods. Researchers used data collection including: observation, interviews, and documentation. Researchers participated directly in the observation. The research was conducted in 2022 by looking at four cases involving children. Based on the field findings, the conclusions of this research are: 1) Factors that influence the neglect of children’s growth and development rights are parents’ income, parents’ education, and the number of children. 2) Handling of cases involving children by litigation and non-litigation. Litigation is taking the judicial route, and non-litigation is by taking the deliberation method to make peace with the agreement between the two parties to the conflict. 3) The view of Islamic family law is in accordance with the theory of maqashid al-syari’ah and hadhanah.

Iddah for Husbands: A Political Analysis of Islamic Family Law

This paper explores the concept of iddah for husbands, which is not commonly discussed in mainstream Islamic law interpretations or traditions. This paper also highlights the importance of promoting gender equality and justice in Islamic legal traditions and principles. This article was produced from a literature review, and the main data was obtained from a study of fiqh books and regulations regarding iddah in Indonesia. To strengthen the data and analysis, this paper also uses several important research results and articles related to the issues discussed. A political analysis of Islamic law is the approach used in this paper. This approach is used to highlight the relationship between law and power as well as the need to consider the wider social, cultural, and political context in the interpretation and application of Islamic legal principles. This paper analyzes the political aspects of Islam related to Islamic law and the issue of iddah for husbands. This paper argues that the need for proposals to draft laws governing long-awaited periods for men is urgent and must be accompanied by awareness campaigns and counseling services to ensure successful implementation. Implementation of these laws will require careful consideration of the social context and the potential implications for families and individuals.

Parental Obligations Towards Hadhanah Mumayyiz After Divorce Islamic Family Law Perspective

Parental Obligations Towards Hadhanah Mumayyiz After Divorce Islamic Family Law Perspective

Pandangan Hukum Keluarga Islam terhadap Manajemen Konflik Ekonomi Dalam Rumah Tangga

This paper discusses about Islamic Family Law View on Economic Conflict Management in the Household. This research is motivated by the findings of many previous research results regarding the high divorce rate, the main cause of which is due to economic problems in the household. It is important to study how Islamic Family Law provides solutionsto economic problems that occur between husband and wife so that divorce can be avoided. His research is included in the type of library research (library research). To process the data that the author has obtained. So the authors analysis using content analysis techniques (content analysis). The results of this research is incuded in the type of library research. To process the data that the authors analyza using content analysis techniques. The result of this study reveal that the solutions for resolving economic conflict in the household in the view of islamic Famiy Law include: the husband fulfills the rights of his wife, the wife must know when she has the right to earn a living from her husband, the wife must know when she has the right to earn a livingfrom her husband, the wife must not demand rights beyond the limits of the husband’s ability, the wife must be patient and sincere with her husband.

The Influence of Western Feminism on Islamic Family Law Renewal in Iran: Studies of Pre and Post Reform of Iran

The Influence of Western Feminism on Islamic Family Law Renewal in Iran: Studies of Pre and Post Reform of Iran

Pandangan Dosen Prodi KHI UINSA Surabaya terhadap Kebijakan Pencatatan Nikah Siri dalam Kartu Keluarga Perspektif Maslahah

This paper is motivated by controversies among the public in the emergence of the policy of registering unregistered marriages on family cards, leading to. It aims to determine the opinion of lecturers of the Islamic Family Law Study Program at UIN Sunan Ampel Surabaya as the competent party regarding this policy to be analyzed using the problem concept. The study results show that there are differences of opinion among lecturers regarding this policy, some agree based on several reasons for the benefit contained therein, and some disagree based on reasons for the harm that will be raised. Lecturers who agree with the view that the policy of registering marriage on the family card does not conflict with the texts of syara', is in line with the objectives of syara', contains benefits and concerns the interests of the people, in contrast to lecturers who do not agree to have the opposite view.

Transwomen and transmen from Islamic family law perspective

This article attempts to explain why the issue of sex change is still an important discussion topic in Islam. The phenomenon of transwomen and transmen is judged unilaterally on the basis of religious, cultural, and socio-religious doctrines. This study aims to be able to look further at the research gap from the previous studies by looking at the reception of transwomen and transmen in the view of Islamic family law as well as to discover the factors that have caused gender reassignment among transwomen and transmen. This paper has discovered that transwomen and transmen have suffered a stigma from religion and in society, and this stigma has been influenced by various economic, political, and religious, doctrinal interests. However, at the same time, there are cases that show religious legitimacy allows someone to change their gender. This research has been conducted using the literature study approach to investigate the reception of transwomen and transmen from the perspective of Islamic family law.

Legal System of Polygamy and Divorce in Muslim Countries: Comparative Studies among Turkey, Pakistan, and Indonesia

This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of society from all walks of life regarding the discussions between the two. This research is a literature study that focuses on discussing polygamy and divorce in three Muslim countries; Türkiye, Pakistan, and Indonesia. The data collection method in this study used documentation, namely collecting books, notes, and others that had relevance to the research, which were then analyzed. The results of this study are; (1) Turkey prohibits polygamy, which is contained in the book of the Ottoman Law of Family Rights, Pakistan also prohibits polygamy until written permission from the wife and the arbitral council, Indonesia legalizes polygamy referring to the Marriage Law. (2) Turkey in the event that a divorce ends with the finalization of a court decision and a waiting period of 300 days stipulated by the Turkish Civil Code, likewise Pakistan regulates divorce in two different rules, one using the Dissolution of Muslim Marriage and the other using Muslim Family Law Ordinance, divorce in Indonesia is regulated in Marriage Law Number 1 of 1974.

Causes and negative effects of child marriage in Malaysia: A case study

Child marriage in Malaysia is driven by several aspects, including the lack of a standard marriage age and also due to the enabling legislation. Between 2007 and 2017, nearly 15,000 cases of child marriage were reported in Malaysia. However, as of 2018, it is estimated that there are at least 1,500 child marriages every year in Malaysia. The aim of this paper is to analyze the factors of cases related to child marriage from the point of view of factors, legislation and obstacles. The research methodology used is a qualitative design through bibliography by obtaining data from past studies whether journals, articles and newspapers as secondary sources. The results of the study found that even though there is Islamic family law that allows age limits at such a young age, from the point of view of accepting the current custom, it is different from the past. The cases that happened as reported in the news media or newspapers as well as the results of previous studies show the importance of parents's awareness and caution in the matter of child marriage so that there are no bad cases and negative impacts that have a long-term impact on the child's life.