Mawaddah: Jurnal Hukum Keluarga Islam
type: channel
description: Journal Title : Mawaddah: Jurnal Hukum Keluarga Islam Initials : Mawaddah Frequency : Mei & November Print ISSN : 3031-5247 Online ISSN : 3026-6076 Editor in Chief : Muhammad Husni Abdulah Pakarti, S.H., M.H DOI: 10.52496/mjhki Duration: Approx. 10 days to first decision Acceptance Rate: 48% of the total submissions Publisher : Universitas Muhammadiyah Bandung Mawaddah: Jurnal Hukum Keluarga Islam is a scientific journal published by Universitas Muhammadiyah Bandung, with a frequency of publication three times a year. This journal focuses on legal studies, especially in the realm of Islamic Law, Family Law, Criminal Law, Inheritance Law, Civil Law, and Sharia Economic Law. Mawaddah aims to be a forum for legal academics, researchers, and practitioners in publishing research results and scientific studies relevant to legal developments in Indonesia and the Islamic world. Mawaddah is pleased to announce that we have been accepted into the Scopus database as of December 28, 2025. Indexing by: Read More
publisher: Universitas Muhammadiyah Bandung
language: en
publication name: Mawaddah: Jurnal Hukum Keluarga Islam
issn: 3031-5247
items: Reconstructing Sharia Competent Notarial Authority in Indonesia: Legal Pluralism and Gender Justice in Islamic Family Law
items: Economic Law Compliance in AI-Driven Digital Mompreneurship: The Role of Entrepreneurial Attitudes and Self-Efficacy in Performance
items: National Fiqh and Maqasid-Based Ijtihad: Reassessing Ahmad Hasyim Muzadi through Jamal al-Din ‘Atiyyah
items: Legal Authority and Fatwa Convergence in Islamic Finance: A Comparative Study of DSN-MUI and SAC Malaysia
items: Reframing Ḥifẓ al-Nasl: Childfree Discourse among Indonesian Celebrities in the Perspective of Maqāṣid al-Usrah
items: Maqāṣid al-Sharīʿah as a Governance Framework: Institutionalizing Child Protection in Pontianak
items: Hybrid Sharia Contracts in Islamic Banking: Legal Validity and Sharia Compliance in Indonesian Religious Court Judgments
items: Legal Implications of Children Resulting from Free Sex "One Night Stand" in Indonesian Legal System
items: Legal Protection of Workers in Indonesia's Gig Economy for Digital Ecosystems: Challenges and Solutions in the Digital Labor Law Framework
items: Istihsān and The Dynamics of Islamic Economic Law: A Uṣūl Al-Fiqh Analysis of DSN MUI Fatwas
items: The Problem of Marriage Dispensation Between Theory and Practice
items: The Conflict Between the Sebambangan Marriage Tradition of the Indigenous Lampung Community and the Implementation of Premarital Course Regulations
items: Revealing the Legal Implications of Post-Eiddah Reconciliation from the Perspective of Maslahah
items: Transformation of Child Status: From Adopted Child to Child in Review of Positive Law and Islamic Law
items: Fuqaha's Views On Siri Marriage
items: Relevance And Analysis Of The Rights And Obligations Of Husband Wife In The Book Irsyadul Ibad Ila Sabilirrosyad
items: Building a Just Law: The Role of Legal Professional Ethics in Indonesia
items: Transformation Of Family Law In Algeria Analysis Of The Pre- And Post Independence Period
items: Resolution Of Household Conflicts Due To Different Choices Of Presidential Candidates Perspective Of Islamic Law
items: Guardian Navigation in Islamic Family Law: From History to Implementation in Indonesia and Muslim Countries
items: Legal And Psychological Implications Of Divorce Refusal: A Case Study Of Decision No. 880/Pdt.G/2023/Pa. Tmg Based On Sema No. 1 Of 2022

Reconstructing Sharia Competent Notarial Authority in Indonesia: Legal Pluralism and Gender Justice in Islamic Family Law
type: item
description: This study examines the structural position of notarial authority within Indonesia’s plural Islamic family law system, particularly the tension between formal authenticity under civil law and substantive compliance with Islamic legal principles. In practice, notarial deeds in family matters such as marriage agreements, inheritance arrangements, and marital property settlements possess strong evidentiary value, yet their conformity with Islamic legal norms is not always ensured in Religious Court adjudication. Despite the growing involvement of notaries in family-related legal documentation, limited scholarship has addressed the institutional gap between civil notarial authority and Sharia compliance standards in Indonesia’s Islamic family law governance. This study therefore investigates how Religious Courts assess notarial deeds in Islamic family law disputes and what regulatory framework is required to ensure both legal validity and Sharia compliance. Using a qualitative normative–doctrinal approach, the research analyzes statutory regulations alongside selected Religious Court decisions from 2019–2023. The findings reveal a regulatory and professional competency gap: although notaries are authorized to draft authentic deeds, courts frequently conduct substantive review to evaluate Sharia compliance, gender implications, and distributive justice. Theoretically, this study contributes to socio-legal scholarship on Islamic legal pluralism by conceptualizing a model of Sharia-Competent Notarial Authority integrating maqāṣid al-sharīʿah and gender justice perspectives. The study recommends incorporating mandatory Sharia competency standards for notaries involved in Islamic family law documentation to strengthen legal certainty and religious legitimacy.
subject: Articles
  topic: section
subject: Islamic Family Law Reform
  topic: keywords
subject: Notarial Authority
  topic: keywords
subject: Legal Pluralism
  topic: keywords
subject: Maqāṣid al-Sharīʿah
  topic: keywords
subject: Gender Justice
  topic: keywords
subject: Indonesian Religious Courts
  topic: keywords
creator: Chaerul Anwar
creator: Abdullah Sulaiman
creator: Yayan Sopyan
rights: Copyright (c) 2025 Chaerul Anwar, Abdullah Sulaiman, Yayan Sopyan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 438
ending page: 464
doi: 10.52496/mjhki.v3i2.42

Economic Law Compliance in AI-Driven Digital Mompreneurship: The Role of Entrepreneurial Attitudes and Self-Efficacy in Performance
type: item
description: Website-based Artificial Intelligence (AI) transformation among mompreneurs has enhanced business performance opportunities; however, gaps in digital economic law compliance awareness persist. This study examines the effects of AI integration and entrepreneurial attitudes on mompreneur business performance, with self-efficacy as a mediating variable within an economic law compliance framework. A quantitative design employing Structural Equation Modeling (SEM) was applied to 400 MSME mompreneurs in Makassar City selected through purposive sampling. Data were collected using structured questionnaires measuring AI integration, entrepreneurial attitudes, self-efficacy, and business performance. Measurement model validation (loading, CR, AVE) and structural model estimation (β, t-value, p-value) were conducted alongside mediation analysis. SEM results reveal significant effects of AI integration on self-efficacy (β = 0.52), entrepreneurial attitudes on self-efficacy (β = 0.71), AI integration on business performance (β = 0.74), entrepreneurial attitudes on business performance (β = 0.83), and self-efficacy on business performance (β = 0.80). Findings confirm self-efficacy as a partial mediator strengthening technological and behavioral influences on performance outcomes. AI integration and entrepreneurial attitudes are primary predictors of mompreneur performance, with self-efficacy functioning as a reinforcing psychological mechanism. From an economic law perspective, effective AI adoption must be accompanied by compliance with electronic transaction, personal data protection, and MSME regulatory frameworks to ensure sustainable digital entrepreneurship. Policy initiatives should integrate AI capability development, entrepreneurial self-efficacy enhancement, and digital economic law compliance education for mompreneurs to foster productive and legally compliant MSME ecosystems.
subject: Articles
  topic: section
subject: Self-Efficacy
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
subject: Economic Law Compliance
  topic: keywords
subject: Business Performance
  topic: keywords
subject: Mompreneur
  topic: keywords
subject: Entrepreneurial Attitude
  topic: keywords
creator: Romansyah Sahabuddin
creator: Mahmuddin Mahmuddin
creator: Ampauleng Ampauleng
rights: Copyright (c) 2025 Romansyah Sahabuddin, Mahmuddin Mahmuddin, Ampauleng Ampauleng (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-30
publication date: 2025-12-30
starting page: 406
ending page: 437
doi: 10.52496/mjhki.v3i2.39

National Fiqh and Maqasid-Based Ijtihad: Reassessing Ahmad Hasyim Muzadi through Jamal al-Din ‘Atiyyah
type: item
description: This study examines Ahmad Hasyim Muzadi’s concept of fikih kebangsaan (national fiqh) through the lens of Jamal al-Din ‘Atiyyah’s maqāṣid al-sharī‘ah theory. While previous studies have discussed national fiqh primarily in normative and socio-political terms, limited attention has been given to its maqāṣid-based methodological foundation. This article addresses that gap by analyzing how Muzadi’s thought reflects a structured maqāṣidī mode of ijtihad. This research employs a qualitative conceptual approach based on library research, examining primary texts of Ahmad Hasyim Muzadi alongside Jamal al-Din ‘Atiyyah’s maqāṣid framework. The analysis focuses on identifying the epistemological structure and levels of maqāṣid embedded in Muzadi’s formulation of national fiqh. The findings demonstrate that Muzadi’s fikih kebangsaan embodies a maqāṣid-based ijtihad operating across three interconnected dimensions: individual, communal, and humanitarian. His conception positions Indonesian Islam as a harmonizing force within plural society, affirms Pancasila as a constitutional meeting point between religion and state, and frames religious moderation as a strategic instrument for national cohesion. This construction reflects a substantive alignment with Jamal al-Din ‘Atiyyah’s expanded maqāṣid theory, particularly in integrating social welfare, civic solidarity, and national integrity into legal reasoning. The study concludes that Muzadi’s national fiqh represents a contextual maqāṣidī reconstruction of Islamic legal reasoning relevant to contemporary plural societies. It recommends further development of maqāṣid-based national fiqh as a methodological framework for strengthening religious moderation and constitutional harmony in Indonesia.
subject: Articles
  topic: section
subject: National Fiqh
  topic: keywords
subject: Ahmad Hasyim Muzadi
  topic: keywords
subject: 'Atiyyah's Maqasid al-Shari‘ah
  topic: keywords
creator: Muhammad Solikhudin
creator: Irzak Yuliardy Nugroho
creator: Moh. Faizur Rohman
creator: Ahmad Rezy Meidina
creator: Ashima Faidati
rights: Copyright (c) 2025 Muhammad Solikhudin, Irzak Yuliardy Nugroho, Moh. Faizur Rohman, Ahmad Rezy Meidina, Ashima Faidati (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 383
ending page: 405
doi: 10.52496/mjhki.v3i2.38

Legal Authority and Fatwa Convergence in Islamic Finance: A Comparative Study of DSN-MUI and SAC Malaysia
type: item
description: The rapid expansion of the global Islamic finance industry necessitates greater convergence of sharia economic fatwas to ensure legal certainty, regulatory harmonization, and investor confidence across jurisdictions. Divergent institutional authorities and enforcement mechanisms in different countries often result in fragmentation and regulatory inconsistency. This study aims to comparatively analyze the roles and legal authority of Indonesia’s Dewan Syariah Nasional Majelis Ulama Indonesia (DSN-MUI) and Malaysia’s Shariah Advisory Council of Bank Negara Malaysia (SAC), and to assess their contributions to global fatwa standardization. Employing a normative juridical method with statutory, conceptual, and comparative approaches, this research relies on secondary data including national regulations, institutional fatwas and resolutions, and international standards issued by Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Islamic Financial Services Board (IFSB). The findings reveal that DSN-MUI emphasizes adaptive ijtihad and theological legitimacy, yet the binding force of its fatwas depends on regulatory incorporation into national legislation. Conversely, the SAC operates within a statutory legal framework that grants binding authority over Islamic financial institutions and courts, thereby ensuring stronger legal certainty and broader international recognition. Both institutions contribute to global standardization through distinct institutional models: DSN-MUI through contextual and innovative fatwa development, and SAC through formal legal authority and structured engagement in international standard-setting forums. This study concludes that effective global fatwa convergence requires a balanced integration of adaptive jurisprudential flexibility and robust juridical authority through strategic inter-institutional collaboration.
subject: Articles
  topic: section
subject: Sharia Economic Fatwa
  topic: keywords
subject: Legal Authority
  topic: keywords
subject: DSN-MUI
  topic: keywords
subject: Shariah Advisory Council
  topic: keywords
subject: Global Standardization
  topic: keywords
subject: Islamic Finance Governance
  topic: keywords
creator: Sundari Arum Kusumawati
creator: Abdul Rahman Prakoso
creator: Putri Indriyani
rights: Copyright (c) 2025 Sundari Arum Kusumawati, Abdul Rahman Prakoso, Putri Indriyani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 335
ending page: 355
doi: 10.52496/mjhki.v3i2.36

Reframing Ḥifẓ al-Nasl: Childfree Discourse among Indonesian Celebrities in the Perspective of Maqāṣid al-Usrah
type: item
description: The shifting marriage paradigm toward individual autonomy has triggered the childfree trend, challenging Indonesia’s normative-pronatalist values. This study addresses whether childfree constitutes a betrayal of ḥifẓ al-nasl or a contextual realization of maqāṣid when parenting capacity is compromised. The research gap lies in the polarization between sociological and normative studies that fail to integrate socio-legal analysis with family-specific maqāṣid. This qualitative study employs a socio-legal approach, analyzing the narratives of five Indonesian celebrities via virtual loci and a coding framework based on Jamāluddin ‘Aṭiyyah’s Maqāṣid al-Usrah. Findings indicate that childfree among these celebrities is a contextual maqāṣid realization, not a betrayal of ḥifẓ al-nasl. There is a shift from quantitative regeneration (al-tanāsul) to quality of life (al-injāb). This choice serves as a preventive instrument (sadd al-dhari’ah) to avoid parenting injustice and maintain sakīnah amid mental or financial unreadiness. Reframing ḥifẓ al-nasl as a qualitative commitment to human dignity allows contemporary Islamic law to balance individual autonomy with social stability. Consequently, the government should formulate maqāṣid-based family policies prioritizing parenting quality and mental health over fertility targets.
subject: Articles
  topic: section
subject: Childfree
  topic: keywords
subject: Maqāṣid al-Usrah
  topic: keywords
subject: Reproductive Autonomy
  topic: keywords
subject: Islamic Family Law
  topic: keywords
subject: Ḥifẓ al-Nasl
  topic: keywords
creator: Ahmad Musadad
creator: Alfa Zaidanil Fauzi
creator: Shofiyun Nahidloh
creator: Rudi Hermawan
creator: Muttaqin Choiri
rights: Copyright (c) 2025 Ahmad Musadad, Alfa Zaidanil Fauzi, Shofiyun Nahidloh, Rudi Hermawan, Muttaqin Choiri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 356
ending page: 382
doi: 10.52496/mjhki.v3i2.35

Maqāṣid al-Sharīʿah as a Governance Framework: Institutionalizing Child Protection in Pontianak
type: item
description: The high rate of violence against children in Pontianak City shows that the issue of child protection is not only normative in regulations, but has become a complex social problem. This study aims to analyze the dynamics of children's involvement as victims of crime in Pontianak City and examine the governance of child protection through the perspective of maqāṣid al-syarī'ah. The research method used is qualitative with a socio-legal approach to examine the relationship between positive legal norms and the implementation of child protection at the regional level. The results of the study show that family vulnerability, weak parental supervision, unconducive social environment, and low digital literacy are the main causes of the increased risk of children becoming victims of crime. Field findings also show that the Pontianak City Regional Child Protection Commission has implemented protection governance through integrated assessment SOPs, legal and health assistance, education sustainability supervision, direct and digital complaint services, and preventive programs based on community participation. The analysis based on maqāṣid al-syarī'ah emphasizes the need to reconstruct the fiqh of child protection based on the principles of ḥifẓ al-nafs, ḥifẓ al-'aql, and ḥifẓ al-nasl as a normative foundation in child protection policies. This study recommends a stronger integration between regional regulations, institutional capacity strengthening, and internalization of the values of maqāṣid al-syarī'ah so that the child protection system in Pontianak City becomes more substantive, responsive, and holistically oriented towards the benefit of children.
subject: Articles
  topic: section
subject: Maqāṣid Al-Sharīʿah
  topic: keywords
subject: Child Protection Governance
  topic: keywords
subject: Socio-Legal Approach
  topic: keywords
subject: Islamic Legal Reform
  topic: keywords
subject: Regional Public Policy
  topic: keywords
subject: Indonesia
  topic: keywords
creator: Marluwi Marluwi
creator: Baihaqi Baihaqi
creator: Ahmad Musadad
creator: Umi Indasyah Zahro
creator: Tri Pujiati
rights: Copyright (c) 2025 Marluwi Marluwi, Baihaqi Baihaqi, Ahmad Musadad, Umi Indasyah Zahro (Author); Tri Pujiati (Translator) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 305
ending page: 334
doi: 10.52496/mjhki.v3i2.34

Hybrid Sharia Contracts in Islamic Banking: Legal Validity and Sharia Compliance in Indonesian Religious Court Judgments
type: item
description: The rapid growth of Islamic banking in Indonesia has encouraged financial product innovation, particularly through the application of hybrid sharia contracts that combine two or more contracts within a single transaction structure. Although such contracts are normatively recognized in fiqh muamalah and explicitly permitted under fatwas issued by the National Sharia Council of the Indonesian Ulama Council (DSN-MUI), judicial practice reveals inconsistent assessments regarding their legal validity. This study aims to examine the legal validity of hybrid sharia contracts from the perspective of Religious Court decisions and to analyze the juridical implications of sharia non-compliance in hybrid contractual arrangements. Employing a normative juridical method with a descriptive-analytical approach, this research analyzes primary legal materials in the form of Religious Court judgments, alongside secondary legal sources including legislation, scholarly works, and DSN-MUI fatwas, using qualitative legal analysis. The findings indicate that hybrid sharia contracts are legally valid in principle, provided that they fulfill the essential elements and conditions of contracts, avoid prohibited elements such as riba, gharar, and maisir, and are implemented in strict accordance with DSN-MUI fatwas. However, Religious Court decisions demonstrate that ambiguity in the classification and sequencing of contracts, imbalanced risk allocation that departs from profit-and-loss sharing principles, and deviations from DSN-MUI fatwas result in hybrid contracts being deemed defective or invalid both sharia-wise and legally binding. These deficiencies not only undermine the juridical validity of contracts but also pose risks to public trust and confidence in Islamic banking institutions. Accordingly, DSN-MUI fatwas function as a crucial source of substantive law and serve as the primary benchmark for Religious Court judges in assessing the legality and sharia compliance of hybrid sharia con…
subject: Articles
  topic: section
subject: Hybrid Sharia Contracts
  topic: keywords
subject: Islamic Banking
  topic: keywords
subject: Sharia Compliance
  topic: keywords
subject: Religious Court Decisions
  topic: keywords
subject: DSN-MUI Fatwas
  topic: keywords
creator: Zeis Zultaqawa
creator: Joni Harianto
creator: Yaumi Sidik Ginanjar
creator: Mohamad Donie Aulia
creator: Wahyudi Wahyudi
rights: Copyright (c) 2025 Zeis Zultaqawa, Joni Harianto, Yaumi Sidik Ginanjar, Mohamad Donie Aulia, Wahyudi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 273
ending page: 304
doi: 10.52496/mjhki.v3i2.33

Legal Implications of Children Resulting from Free Sex "One Night Stand" in Indonesian Legal System
type: item
description: The phenomenon of sexual relations without a marriage bond (one night stand) is increasing in urban communities, especially among teenagers and young adults, and has the potential to give birth to children out of wedlock who face legal problems related to the recognition of nasab, civil rights, and administrative status. This study aims to analyze the construction of legal protection for children born from these relationships in the Indonesian legal system. The method used is normative juridical research with a legislative and conceptual approach through literature studies. Legal sources analyzed include provisions in the Marriage Law, population administration law, criminal law, and important jurisprudence such as the Constitutional Court Decision No. 46/PUU-VIII/2010 which expands the civil relationship of children out of wedlock with their biological father based on scientific evidence and other valid evidence. The results of the study show that normatively the state has provided legal protection instruments for children out of wedlock, both through the recognition of civil relations and the guarantee of population administration rights. However, implementation in the field still faces obstacles in the form of social stigma, regulatory disharmony, as well as obstacles to proof and administrative procedures that are not fully child-friendly. It is concluded that legal protection of children born from non-marital relationships has undergone progressive development, but has not been optimal in practice. Therefore, this study recommends harmonizing regulations across sectors, simplifying administrative procedures for child recognition, and strengthening a non-discriminatory approach based on children's rights in law enforcement policies and practices.
subject: Articles
  topic: section
subject: Complaint Offense
  topic: keywords
subject: Legal Implications
  topic: keywords
subject: Administrative Law
  topic: keywords
subject: Positive Law
  topic: keywords
subject: One Night Stand
  topic: keywords
creator: Nahdia Nazmi
creator: Ahmad Mubarak
creator: Laila Amalia
creator: Najla Amali
creator: Nazwatika Maulidhiya
rights: Copyright (c) 2025 Nahdia Nazmi, Ahmad Mubarak, Laila Amalia, Najla Amali, Nazwatika Maulidhiya (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 253
ending page: 272
doi: 10.52496/mjhki.v3i2.28

Legal Protection of Workers in Indonesia's Gig Economy for Digital Ecosystems: Challenges and Solutions in the Digital Labor Law Framework
type: item
description: Fast and immense growth of Indonesia's gig economy using digital platforms raises many questions regarding challenges to Indonesia's prevailing legal frameworks about labor law. Gig workers are easily vulnerable on account of their unclear employment status, social security, gaps in the regulations of digital ecology, and access to dispute resolution mechanisms. The current study will explore the legal protection for gig workers in Indonesia from a juridical point of view, pinpoint lacking policies and their socio-economic impacts, and advance practicable solutions: the reclassification of employment, obligatory contributions to social security by platforms, heightened regulatory oversight, and bespoke dispute resolution systems, drawing from a review of global best practices and theoretical frameworks. The findings highlight through legislation how urgent these much-needed reforms are in treating gig workers equitably and furthering sustainable growth in Indonesia's digital economy, given that gig work is constantly changing.
subject: Articles
  topic: section
subject: Gig Economy;
  topic: keywords
subject: Labour Laws;
  topic: keywords
subject: Legal Protections;
  topic: keywords
subject: Digital Ecosystems;
  topic: keywords
subject: Indonesia.
  topic: keywords
creator: Ujang Badru Jaman
creator: Endah Pertiwi
creator: Norless Zibele Nodangala
creator: William Manga Mokofe
creator: Muhamad Rizki Abdul Malik
rights: Copyright (c) 2025 Ujang Badru Jaman, Endah Pertiwi, Norless Zibele Nodangala, William Manga Mokkofe, Muhamad Rizki Abdul Malik (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 231
ending page: 252
doi: 10.52496/mjhki.v3i2.22

Istihsān and The Dynamics of Islamic Economic Law: A Uṣūl Al-Fiqh Analysis of DSN MUI Fatwas
type: item
description: The growing complexity of contemporary Islamic economic practices has revealed the limitations of formal qiyās as the dominant mode of legal reasoning in Islamic economic fatwas. While existing studies have discussed istihsān primarily as a pragmatic or auxiliary tool in specific financial products, its methodological role within uṣūl al-fiqh remains insufficiently theorized. This article aims to examine istihsān as a structured methodological response to the limitations of formal qiyās in contemporary Islamic economic regulation, using selected fatwas issued by the Dewan Syariah Nasional–Majelis Ulama Indonesia (DSN–MUI) as a focused case study. Employing a qualitative normative legal research design grounded in uṣūl al-fiqh, this study analyzes DSN–MUI fatwas through systematic document analysis to identify patterns of legal reasoning and the interaction between qiyās and istihsān. The findings demonstrate that istihsān is employed both explicitly and implicitly as an internal corrective mechanism to mitigate legal rigidity, ensure socio-economic functionality, and preserve Sharia objectives. Moreover, the study shows that institutional fatwas function as instruments of legal dynamism by integrating classical jurisprudence with contemporary economic governance. This article contributes to Islamic economic law scholarship by repositioning istihsān as a central methodological framework that reshapes the epistemological orientation of uṣūl al-fiqh toward adaptive yet normatively grounded legal reasoning.
subject: Articles
  topic: section
subject: Istihsān
  topic: keywords
subject: Uṣūl al-Fiqh
  topic: keywords
subject: Islamic Economic Law
  topic: keywords
subject: DSN–MUI Fatwas
  topic: keywords
subject: Legal Dynamism
  topic: keywords
creator: Edy Saputra
creator: Mohammad Ridwan
creator: Hamdanil Hamdanil
creator: Andri Rivai Rivai
creator: Muflihatul Fauza
rights: Copyright (c) 2025 Edy Saputra, Mohammad Ridwan, Hamdanil, Andri Rivai, Muflihatul Fauza (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 201
ending page: 230
doi: 10.52496/mjhki.v3i2.19

The Problem of Marriage Dispensation Between Theory and Practice
type: item
description: The dynamics of marriage law in Indonesia show the great influence of political power, which is shaped by religious interpretations that allow child marriage. This religious view is often the basis for legal decision-making, which legitimizes child marriage in the eyes of society. Although the Marriage Law has been revised, the existence of the marriage dispensation article creates a loophole that allows child marriage to continue to occur, with many judges approving dispensation applications due to the influence of legal norms and religious beliefs. This study uses a type of qualitative research with literature analysis and literature study methods. The type of data in this research will be collected from a variety of sources, including books, scientific journals, and other related documents. Through a comprehensive literature review and analysis of various journal articles, books, and other relevant sources, the purpose of this study is to examine the meaning of what a marriage dispensation is and how the application process is, why theories and practices regarding its regulations still have problems in its implementation and how solutions can be offered from it. The results of the study show that the Revision of the Marriage Law in Indonesia is not enough to overcome child marriage, because there is a gap in the dispensation article that still allows child marriage to occur and does not even clearly regulate the practice.
subject: Articles
  topic: section
subject: Marriage Dispensation
  topic: keywords
subject: Theory and Practice of Marriage
  topic: keywords
subject: Problems of Marriage Dispensation
  topic: keywords
creator: Nabil Fikri Palasenda
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 181
ending page: 200
doi: 10.52496/mjhki.v3i2.14

The Conflict Between the Sebambangan Marriage Tradition of the Indigenous Lampung Community and the Implementation of Premarital Course Regulations
type: item
description: The premarital course is a government-initiated program aimed at preparing prospective couples to establish harmonious, loving, and compassionate families (sakinah, mawaddah, warahmah), and to reduce divorce rates in Indonesia. Regulated by the Decree of the Director General of Islamic Community Guidance No. DJ.II/542 of 2013, the Office of Religious Affairs (KUA) is mandated to provide a 16-hour premarital course before the marriage contract. However, implementation in areas with strong local traditions presents specific challenges. This study investigates the implementation of the premarital course within the indigenous Lampung community in Marga Tiga District, where the traditional practice of sebambangan a secretive elopement of the bride to the groom's house still occurs. This tradition prohibits the bride from leaving her home before the wedding, hindering in-person participation in the course. Employing an empirical normative legal research method with a qualitative approach, data were gathered through field observations and interviews with KUA officials, traditional leaders, and prospective couples. The findings reveal that the implementation of the premarital course remains suboptimal due to cultural constraints, limited access, and a lack of alternative dissemination methods tailored to local conditions. The study suggests the need for innovative solutions, such as online platforms or home-accessible media, to enhance the accessibility and effectiveness of premarital education among indigenous communities.
subject: Articles
  topic: section
subject: Regulation on Premarital Courses
  topic: keywords
subject: Sebambangan Marriage
  topic: keywords
subject: Lampung Community Tradition
  topic: keywords
creator: Nabil Nizam
creator: Fitri Maulina Alviani
creator: Sadida Nizam
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 163
ending page: 180
doi: 10.52496/mjhki.v3i1.286

Revealing the Legal Implications of Post-Eiddah Reconciliation from the Perspective of Maslahah
type: item
description: The end of the marriage bond in Islamic law can occur through two forms of divorce, namely divorce raj'i (which allows reconciliation during the iddah period) and divorce ba'in (which does not allow reconciliation without a new contract). This study aims to examine in depth the implications of maslahah on the phenomenon of reconciliation of married couples after the end of the iddah period, especially in the social and cultural context of Indonesian society. The research method used is descriptive-analytical with a juridical normative approach, which is based on a literature study of classical and contemporary sources of Islamic law, as well as applicable laws and regulations. The data is analyzed qualitatively to reveal the requirements, procedures, and rights and obligations that surround the process of rujuk or post-iddah reconciliation. The results show that even though the iddah period has ended, there is legal space that allows for a remarriage contract as a form of reconciliation, as long as the shar'i requirements are met. The views of the imams such as Hanafi, Maliki, Shafi'i and Hanbali provide diverse but complementary perspectives in assessing the validity of post-iddah reconciliation. The discussion emphasizes the importance of considering maslahah in the practice of reconciliation, in order to protect the interests of both parties and maintain social stability. Thus, reconciliation after the iddah period can not only be considered legally valid, but also beneficial in the context of the benefit of the people and does not conflict with the principles of state law.
subject: Articles
  topic: section
subject: Rujuk
  topic: keywords
subject: Pasca-Iddah
  topic: keywords
subject: Maslahah
  topic: keywords
creator: Aisyah Kartini
creator: Hamda Sulfinadia
creator: Rami İbrahim Mahmut
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 145
ending page: 162
doi: 10.52496/mjhki.v3i1.65

Transformation of Child Status: From Adopted Child to Child in Review of Positive Law and Islamic Law
type: item
description: Adoption refers to the act of taking a child who is not your biological child and making him your own child. The process of adopting a child must be carried out through legal procedures. When adopting a child, it is necessary to pay attention to existing law, namely from an Islamic legal perspective and from a state legal perspective. In this research, the law and the process of adopting a child are discussed according to Islam and state law. This research uses a library study method where the researcher relies on sources of information from literature as the main source. This research focuses on analyzing existing data or texts, not field data or information obtained directly from experience or eyewitnesses. Researchers only interact with sources available in the library or existing secondary data. The results of this study reveal the Islamic view of someone adopting a child and what laws apply in the process of adopting a child.
subject: Articles
  topic: section
subject: Perspective
  topic: keywords
subject: Islamic law
  topic: keywords
subject: State Law
  topic: keywords
creator: Siti Nadiya
creator: Zahratus Syaidah Nasution
creator: Muhammad Husni Abdulah Pakarti
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 130
ending page: 144
doi: 10.52496/mjhki.v3i1.43

Fuqaha's Views On Siri Marriage
type: item
description: Marriage is a sacred institution that is safeguarded by Sharia to ensure fairness, openness and sustainability of the relationship between husband and wife. One of these safeguards is the presence of guardians and witnesses in the marriage contract. Hikmah at-Tasyri' shows that the presence of guardians and witnesses serves as a deterrent to fraud and as a form of strengthening the marriage bond. In fact, the Prophet Muhammad SAW recommended announcing the marriage through a celebration or walimah. This research uses a qualitative approach with a library research method, which examines the opinions of classical and contemporary scholars regarding the importance of the presence of witnesses and publication in marriage. The results show that marriage that is not witnessed, not publicized, and not registered is not permissible. As for marriages that are witnessed by two witnesses but the witnesses have been “ordered” or are not independent, it is ruled makruh by several companions and tabi'in such as Umar RA, Urwah, Abdullah ibn Ubaidillah, Ibn Utbah, Sa'bi, Nafi' (servant of Ibn Umar), as well as imams such as Abu Hanifah, Shafi'i, and Ibn Munzir. Thus, it can be concluded that the presence of witnesses and publication in marriage is a sunnah muakkadah that is highly recommended to maintain the transparency and legality of marriage in the view of sharia.
subject: Articles
  topic: section
subject: Views
  topic: keywords
subject: Siri Marriage
  topic: keywords
subject: Fuqaha
  topic: keywords
creator: Adrianto Adrianto
creator: Khalid Sitorus
creator: Diana Farid
creator: Baktybek Patronimik
creator: Sofia Gussevi
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 112
ending page: 129
doi: 10.52496/mjhki.v3i1.28

Relevance And Analysis Of The Rights And Obligations Of Husband Wife In The Book Irsyadul Ibad Ila Sabilirrosyad
type: item
description: The discussion in this study is about the rights and obligations of husband and wife according to Zainuddin bin Abdul Aziz Al-Malibary in his work the book Irsyadul Ibad Ila Sabilirrosyad which is based on certain hadiths. This study is important to see the dynamics of understanding of leading ulama figures who have a broad and strong influence in world society, as well as ulama who produce many works which are often used as references in normative-theological studies in certain circles. This research is library research with a descriptive approach using primary book sources Irsyadul Ibad Ila Sabilirrosyad by Zainuddin bin Abdul Aziz Al-Malibary. The result is that Zainuddin bin Abdul Aziz Al-Malibary's thoughts about the rights and obligations of husband and wife cannot be separated from the social conditions of society at that time. In the context of the modern world, Zainuddin bin Abdul Aziz Al-Malibary's thoughts have had quite a big influence, however, not all of his thoughts are still relevant today. Thus, it is very likely that there will be a need for new interpretations of several similar works which are still used as references in various problems that arise.
subject: Articles
  topic: section
subject: Rights and Obligations of Husband and Wife
  topic: keywords
subject: Relevance
  topic: keywords
subject: Zainuddin bin Abdul Aziz Al-Malibary
  topic: keywords
subject: Irsyadul Ibad Ila Sabilirrosyad
  topic: keywords
creator: Khozinatul Asrori
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 92
ending page: 111
doi: 10.52496/mjhki.v3i1.140

Building a Just Law: The Role of Legal Professional Ethics in Indonesia
type: item
description: The professionalism of a legal profession is not only due to being capable, intellectual, and successful in their field as law enforcement officers, but the behavioral aspect is also part of the assessment that must be owned in implementing the Code of Ethics or Legal Professional Ethics to uphold law and justice. However, if we look at the reality, there are still many legal practitioners who have not complied with the Legal Professional Code of Ethics. The research method in this journal uses juridical-normative, which uses literature-based secondary data sources. The results of this study are that the Legal Professional Code of Ethics must be obeyed (compelling) even though it is not officially made into regulations. Because Legal Professional Ethics has an important role in law enforcement which is also a manifestation of efforts to realize better law.
subject: Articles
  topic: section
subject: Legal Professional Ethics
  topic: keywords
subject: The Role of Professional Ethics
  topic: keywords
subject: Indonesia
  topic: keywords
creator: Muhammad Syahrul Muttaiqen
creator: Ahmad Yubaidi
creator: Muhammad Husni Abdulah Pakarti
creator: Husain Husain
creator: Abdulmajeed Bolade Hassan Bello
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 80
ending page: 91
doi: 10.52496/mjhki.v3i1.24

Transformation Of Family Law In Algeria Analysis Of The Pre- And Post Independence Period
type: item
description: This study aims to reveal the influence of family law reform in Algeria on the socio-cultural life patterns of its people. As one of the Muslim countries in the African continent, Algeria has gone through various stages of legal reform, especially in the field of family law. These efforts include modernizing regulations, increasing the protection of women's rights, and adapting to changing social and cultural developments. Cultural and social values ​​play an important role in the formation of family law in this country. The findings of the study show that during the Ottoman Turkish rule, Islam was the main foundation in regulating people's lives. However, the arrival of French colonialism had a significant impact on the resilience of the Islamic legal system, as seen from France's efforts to integrate elements of European law into the existing Islamic legal system. On the other hand, French colonization also encouraged the development of family law in Algeria, as reflected in the ratification of the Marriage Law in 1959 known as the Ordinance. After gaining independence, Algeria experienced a major overhaul in its family law with the ratification of the Family Code 1984, which was later amended through Ordinance No. 2 of 2005.
subject: Articles
  topic: section
subject: Transformation
  topic: keywords
subject: Family Law
  topic: keywords
subject: Aljazair
  topic: keywords
subject: Pre and Post Independence
  topic: keywords
creator: Andri Gustamar
creator: Efrinaldi Efrinaldi
creator: Rahmat Hidayat
creator: Benazza Amal
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 65
ending page: 79
doi: 10.52496/mjhki.v3i1.68

Resolution Of Household Conflicts Due To Different Choices Of Presidential Candidates Perspective Of Islamic Law
type: item
description: Islam indeed requires wives to be obedient to their husbands. However, is this obedience absolute, such that all decisions and commands of the husband must be followed by the wife, including in choosing a presidential candidate? Meanwhile, the state guarantees the right to vote and be elected for all citizens, and any form of restriction constitutes a violation of human rights. This study can provide both theoretical and practical benefits, especially in the context of conflict management and preventing domestic violence arising from differences in political views. This is a qualitative study employing a descriptive analysis approach in the context of a case study. The research predominantly uses secondary data sources obtained from published scholarly works relevant to this study. Data analysis was conducted by gathering information from various secondary literature sources such as journals, articles, and other academic works related to the topic discussed. The data was then analyzed by compiling an initial description from the collected data, followed by further analysis to answer the research questions. The findings of this study conclude that the obligation of a wife’s obedience to her husband is not absolute. Similarly, in determining a presidential candidate, the wife may vote according to her conscience. A wife will not be classified as disobedient or rebellious to her husband solely because of differing political preferences. If household conflicts arise due to differences in presidential candidate preferences, solutions include open communication, setting privacy boundaries regarding politics, not easily believing hoaxes, and reminding each other that household harmony is more important than politics.
subject: Articles
  topic: section
subject: Choice Differences
  topic: keywords
subject: Conflict Management
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Nusyuz
  topic: keywords
creator: Siti Mardiyah
creator: Hamda Sulfinadia
creator: Abdurrahman Raden Aji Haqqi
rights: Copyright (c) 2025 Siti Mardiyah, Hamda Sulfinadia, Abdurrahman Raden Aji Haqqi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 43
ending page: 64
doi: 10.52496/mjhki.v3i1.5

Guardian Navigation in Islamic Family Law: From History to Implementation in Indonesia and Muslim Countries
type: item
description: This study examines the role and function of guardians in Islamic family law by emphasizing the historical aspects and their implementation in Indonesia and other Muslim countries. Guardians are responsible for the implementation of marriage, which is a long-standing tradition in Islamic law. This study investigates how the concept of guardians has evolved in various schools of thought and how these interpretations have impacted legal practice in various Muslim countries. In addition, this study discusses how the concept of guardians is used in Indonesian national law, considering how they are used in other Muslim countries. This study shows that, although the basic principles are the same, the implementation and interpretation of laws related to guardians vary greatly due to cultural factors, national laws, and social dynamics. The method used in this study is library research. Data and sources were used from both printed and electronic literature, namely books, journals, and laws, and analyzed comparatively. The results of this study provide us with an understanding of the complexity of the role of guardians in Islamic family law and how this role affects the contemporary system. The main purpose of the guardianship rules remains consistent to maintain welfare and justice in marriage.
subject: Articles
  topic: section
subject: Rule
  topic: keywords
subject: Guardian
  topic: keywords
subject: Muslim Countries
  topic: keywords
creator: Deri Eka Putra
creator: Johari Johari
creator: Norsuhaida Che Musa
creator: Muhammad Bilal
creator: Jusniati Sari
rights: Copyright (c) 2025 Deri Eka Putra, Johari Johari, Norsuhaida Che Musa, Muhammad Bilal, Jusniati Sari (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 21
ending page: 42
doi: 10.52496/mjhki.v3i1.4

Legal And Psychological Implications Of Divorce Refusal: A Case Study Of Decision No. 880/Pdt.G/2023/Pa. Tmg Based On Sema No. 1 Of 2022
type: item
description: This study analyses divorce denial's legal and psychological implications in case No. 880/Pdt.G/2023/PA.Tmg, based on the Supreme Court Circular (SEMA) No. 1 of 2022. The denial was due to the unmet requirement of a six-month separation period, despite evidence of continuous conflict and the husband's criminal behavior. The research examines whether the court considered the psychological aspects of both parties and how SEMA No. 1 of 2022 was applied. Methods This research uses a qualitative approach with case studies that analyze legal documents and court decisions related to the application of SEMA No. 1 of 2022 in divorce rejection cases; the findings highlight the need for legal flexibility to accommodate emotional and cultural factors in divorce cases, suggesting possible policy revisions to support affected individuals better.
subject: Articles
  topic: section
subject: Divorce Denial
  topic: keywords
subject: Legal Implications
  topic: keywords
subject: Psychological Impact
  topic: keywords
subject: SEMA No. 1 Of 2022
  topic: keywords
subject: Case Study
  topic: keywords
creator: Sarkanto Sarkanto
creator: Ibrahim Adeyemi Adewumi
creator: Benjamin Price
rights: Copyright (c) 2025 Sarkanto Sarkanto, Ibrahim Adeyemi Adewumi, Benjamin Price (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 1
ending page: 20
doi: 10.52496/mjhki.v3i1.3