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Journal articles on the topic 'Islamic family law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Kusmardani, Alex, Ahmad Fathonih, Usep Saepullah, and Nurrohman. "NUSHŪZ IN ISLAMIC FAMILY LAW." Mawaddah: Jurnal Hukum Keluarga Islam 2, no. 1 (2024): 1–31. http://dx.doi.org/10.52496/mjhki.v1i2.6.

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The ongoing family conflicts cannot be separated from the neglect of the position of the husband and wife in Islamic family law, known as nusūz. The purpose of this study is to understand Mufassireen's interpretation of nusyūz. This study is a qualitative research, a literature survey with an interdisciplinary approach - philosophical, Historical, psychological, sociological, and Islamic law approach - and a descriptive analysis from various sources such as tafsir, hadith, Islamic Yurisprudance, legal maxim and legislation. The meaning of nusyūz in al-Nisa 4:34 according to Mufassireen is simi

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Husna Srifyan, Jihan, Anzar Aquil, Muntaha Artalim Zaim, and Abdualhmeed Alqahoom. "Women's Career Islamic Family Law Perspectives." Demak Universal Journal of Islam and Sharia 1, no. 02 (2023): 154–65. https://doi.org/10.61455/deujis.v1i02.59.

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The purpose of the study is to analyze the review of Islamic law on the profession and the administration of the wife's salary in Kalipucang Kulon Village, Welahan District, Jepara Regency in supporting family income as a factory worker. This research is a type of field research with a qualitative approach, namely research that has the characteristics that the data is expressed in a natural state or as it is (natural setting), by not changing the shape of symbols or numbers and is descriptive based on the question of how. And the data processing technique is to use qualitative descriptive tech

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Al-Sharmani, Mulki, and Sanna Mustasaari. "Islamic Family Law(s) in Finland." Temenos - Nordic Journal of Comparative Religion 58, no. 2 (2022): 217–38. http://dx.doi.org/10.33356/temenos.113886.

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A central premise of the concept of freedom of religion is that the state has the obligation and authority to regulate and protect the religious rights of individuals and religious communities. However, this entails the state’s navigation of the rights of citizens vis-à-vis the norms of their religious communities, which in some cases may be in tension. The state must also maintain the country’s central legal principles. These premises are interconnected in vexing ways. This article studies how the concept of freedom of religion, with these underlying premises, applies to the practice of Islam

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Umami, Khairul, and Mega Puspita. "Gender Approach in Islamic Family Law." An-Nisa Jurnal Kajian Perempuan dan Keislaman 16, no. 1 (2023): 109–24. http://dx.doi.org/10.35719/annisa.v16i1.169.

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This article deals with gender perspectives in Islamic family law. Nowadays related to gender talk is familiar to hear, even gender inequality has occurred a lot. People assume that gender dimilarity can cause various forms of inequality, such as the unimportance of roles related to political policies, women are only in the three R's, namely kitchen, well, mattress. This paper seeks to discuss the gender approach in Islamic family law from the aspects of reproduction, inheritance and iddah/ihdad. The author concludes that socio-historically the Qur'an was revealed in a culture that was very di

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Sportel, Iris. "Who’s Afraid of Islamic Family Law? Dealing with Shari‘a-based Family Law Systems in the Netherlands." Religion and Gender 7, no. 1 (2017): 53–69. http://dx.doi.org/10.18352/rg.10211.

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In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate. Especially polygamy and unilateral divorce by men (talaq) are thought to have a strongly negative impact on the position of Muslim women in the family. In order to assess the gendered impact of Islamic family laws in a European context, this article takes a closer look at Dutch state courts’ decisions. It asks how the application of Islamic family laws can be understood against the background of Dutch political d

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Calvin, Muhammad, and Rasina Padeni Nasution. "FAMILY THEFT PERSPECTIVE POSITIVE LAW AND ISLAMIC PENAL LAW." Lex Lectio Law Journal 2, no. 2 (2023): 86–102. http://dx.doi.org/10.61715/jlexlectio.v2i2.41.

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AbstractTheft is an immoral act and against the law in every country, including Indonesia. The crime of theft is an act that takes someone's goods against the law, the same thing is also stated in Article 362 of the Criminal Code which is hereinafter referred to as a criminal offense. The perpetrators of criminal acts of theft are sometimes inseparable from the closest people such as playmates, coworkers and even worse are committed by family. Article 367 of the Criminal Code states that if the crime of theft committed by the family such as a wife or husband, then the perpetrator can be sancti

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Sunarto and Winda Sari. "Perkembangan Hukum Keluarga Islam di Indonesia: Dari Masa Kolonialisme hingga saat ini." Qonuni: Jurnal Hukum dan Pengkajian Islam 4, no. 01 (2025): 1–16. https://doi.org/10.59833/0136py75.

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The development of Islamic family law in Indonesia has undergone significant transformations since the colonial era to the modern imperialist era. During the Dutch colonial period, Islamic family law was governed in a limited manner, aligned with the colonial government's policies that prioritized customary law. However, with the emergence of religious courts, Islamic law gradually gained recognition within the framework of family law. Following independence, the codification of Islamic family law continued to evolve, marked by the enactment of the Marriage Law No. 1 of 1974 and the Compilatio

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Aminah, Siti, and Arif Sugitanata. "Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia." JIL: Journal of Islamic Law 3, no. 1 (2022): 94–110. http://dx.doi.org/10.24260/jil.v3i1.556.

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As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only

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9

Kusmardani, Alex, Siah Khosyi’ah, Oyo Sunaryo Mukhlas, Nurrohman Nurrohman, and Usep Saepullah. "The Development of Ideas on The Reform and Transformation of Islamic Family Law Into Legislation in Islamic Countries." JURNAL SYNTAX IMPERATIF : Jurnal Ilmu Sosial dan Pendidikan 4, no. 5 (2023): 644–62. http://dx.doi.org/10.36418/syntax-imperatif.v4i5.296.

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Family Law Reform in Muslim Countries is still a debate in the Muslim World Community because it considers Islamic Family Law and Family Law to have no equality, This article aims to know the renewal and transformation of Family Law in the Islamic world. This research is a literature, with a type of analytical descriptive research, The approach used is interdisciplinary, namely comparative, juridical, philosophical, and historical approaches, while this research source uses primary sources of secondary source Law books such as theses, dissertations, and journal articles, Results of Factors Aff

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10

Kamali, Mohammad Hashim. "Islamic Family Law Reform: Problems and Prospects." ICR Journal 3, no. 1 (2011): 37–52. http://dx.doi.org/10.52282/icr.v3i1.579.

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This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul

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Spectorsky, Susan. "Women, Family, and Gender in Islamic Law." Islamic Law and Society 17, no. 2 (2010): 286–88. http://dx.doi.org/10.1163/092893810x504047.

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Husni, Husni, and Muhammad Yasir. "PRINSIP HUKUM ISLAM DALAM BIDANG HUKUM KELUARGA." SYARIAH: Journal of Islamic Law 3, no. 2 (2021): 1. http://dx.doi.org/10.22373/sy.v3i2.307.

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Islamic family law as an offer in solving several problems. In essence, it is not intended to teach Muslims so that later in marriage they can practice it, but the law here is solutive, meaning that Islamic law provides solutions in solving family problems that occur. This study aims to determine the principles of Islamic law in the field of family law. The results of this study show that Islamic family law is an offer in solving several problems. In essence, it is not intended to teach Muslims so that later in marriage they can practice it, but the law here is solutive, meaning that Islamic l

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Nasohah, Zaini. "Dynamics of Islamic Family Law in Facing Current Challenges in Southeast Asia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 1 (2024): 1. http://dx.doi.org/10.22373/sjhk.v8i1.16553.

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Shariat contains rules appropriate for facing challenges at all times. It encompasses all aspects of human life including family laws. Family law as one of the important components in fiqh is based on evidence that is of juz’i and tafsili nature. This makes Islamic family law something dynamic. This article aims to view the position of Islamic family law in fiqh. It also intends to analyze the dynamicity of Islamic family law in facing current and future challenges, especially in Southeast Asia. Analysis was done through the content analysis method as descriptive and comparative. The findings

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Ma'rifah, Nurul. "Positivisasi Hukum Keluarga Islam sebagai Langkah Pembaharuan Hukum Islam di Indonesia: Kajian Sejarah Politik Hukum Islam." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 2 (2019): 243–57. http://dx.doi.org/10.24090/mnh.v13i2.2692.

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This paper discusses the making Islamic family law a formal law in the perspective of the political history of Islamic law in Indonesia, which cannot be separated from the role of the regime since the beginning of the Old Order era. In this era, the regime showed its alignment with the renewal of Islamic law. However, when the regime was not as firm and tended to be democratic, as it was during the Reformation era, Islamic family law reform tended to be stagnant. On the other hand, the history of Islamic family law renewal also experienced ups and downs because it is affected by political conf

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Pratama, Andrio, Ikrima Imroatul A., Sindi Nurlita A. R, Nur Ratna Sari, and Mochammad Agus Rachmatulloh. "Hukum Keluarga Islam di Somalia." Al-Adillah: Jurnal Hukum Islam 2, no. 2 (2022): 86–95. http://dx.doi.org/10.61595/aladillah.v2i2.453.

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This article describes the development of Islamic family law in Somalia, ranging from marriage, divorce, guardianship, polygamy, wills and inheritance. In the practice of life that is in line with the times, place, time and conditions of the development and renewal of Islamic family law, it is always needed, especially after independence from the invaders. Whereas Islamic family law itself has actually been regulated in Islamic law. The formulation of the problem is: How is the development and typology of Islamic family law reform in Somalia. Using a qualitative approach with the document meth

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Puteh, Mada O., and Phaosan Jehwae. "Family Law Enforcement Problems and Islamic Heritage in Thailand." Al Hurriyah : Jurnal Hukum Islam 6, no. 2 (2022): 91. http://dx.doi.org/10.30983/alhurriyah.v6i2.5053.

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<p><em>The Islamic Law on Family and Inheritance of 1946 was enforced only in the four southern provinces of Thailand consisting of Pattani, Narathiwat, Yala and Setun Provinces. Islamic law applies only to the plaintiff, defendant or applicant who submits a request must be Muslim. The problem of law enforcement consists of the lack of clarity in the terms of membership of the Provincial Islamic Committee in the 1997 Law on the Administration of Islamic Organizations. The problem of setting the condition that requires Datok Qadi to be alone in deciding matters of Islamic law. Datok

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Sadari, Sadari. "Quo Vadis Hukum Keluarga Islam dalam KHI dan Upaya Desakralisasi untuk Relevansi Seiring Modernitas dan Keindonesiaan." JURNAL INDO-ISLAMIKA 5, no. 1 (2020): 75–108. http://dx.doi.org/10.15408/idi.v5i1.14788.

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This article reveals the fact that in Islamic Family Law, there are a number of anomalies and crisis, for instance, Islamic Law Compilation (KHI) on polygamy and mixed-religion marriage which contains discrimination and intolerance. This, however, is caused by its enforcement bound by civil law and merely to theMoslem communities. The article introduces the nationalization and internationalization of Islamic family law in the KHI, thus eliminating discrimination and intolerance. This will be sought by creating coherence between KHI and modernity issues such as: Human Rights, democracy, civil s

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18

Rosyadi, Muhammad Arief Ridha. "Edukasi Hukum Keluarga Islam Berbasis Digital Melalui Instagram pada Akun @Familylawnesia." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, no. 2 (2023): 502–18. http://dx.doi.org/10.47467/as.v5i2.2729.

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This article examines Islamic Family Law education on the Instagram social media space on the @familylawnesia account initiated by Rahmatullah since February 2021. Currently, this account is the most popular Islamic Family Law education account on Instagram. This research is qualitative with library research and then analyzed using qualitative descriptive methods and content analysis based on data from the @familylawnesia account and several sources of documentation related to Islamic education. This data was analyzed based on literature relevant to this research topic. The results of this stu

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Saleem, Zainab. "Comments on “Progressive Muslims and Islamic Jurisprudence," by Kecia Ali." Islamic Studies 62, no. 2 (2023): 289–94. http://dx.doi.org/10.52541/isiri.v62i2.2660.

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This is a review of Kecia Ali’s book chapter “Progressive Muslims and Islamic Jurisprudence.” Ali argues for a need to reform Islamic family law, such that it is representative of the contemporary context. Her argument is based on her research on Islamic family law in Islamic jurisprudence manuals in which she found a significant influence of gender norms in the formative period of Islam (until the third century AH) in shaping its content. She concludes by highlighting that as the gender norms in the formative period influenced Islamic family law, we need to reform Islamic family law for it to

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Purkon, Arip, Ahmad Hidayat Buang, and Mohd. Hafiz Jamaludin. "The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 9, no. 2 (2022): 362–76. http://dx.doi.org/10.32505/qadha.v9i2.4111.

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The development of Islamic family law is carried out in all countries where the majority of the population is Muslim. New ideas in the field of Islamic family law are generally stated in the form of legislation. In Indonesia, the final court decision in the field of Islamic family law decided with the judges of Indonesian Supreme Court. The decision of Supreme Court judge will be jurisprudence. This study aims to examine the role of Supreme Court's jurisprudence in development of Islamic family law. The research conducted was library research. This study concluded: First, Judges of the Supreme

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Siska Kinasih. "Analysis Of Islamic Family Law Renewal In Türkiye." Al-Mahkamah: Islamic Law Journal 1, no. 1 (2023): 1–6. http://dx.doi.org/10.61166/mahkamah.v1i1.1.

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Turkey was the first country to reform Muslim Family Law, and the idea emerged in 1915. Legislation of new laws to complement Islamic law on a large scale was carried out by the Ottoman rulers in the 10th/16th century AD. produce qanun . The Turkish Civil Law further elevates the status of women, especially the prohibition of polygamy, the freedom for wives to file divorce claims for certain reasons, as well as equality in inheritance. The reform of Islamic law in the format of family law legislation began in 1917 with the ratification of The Ottoman Law of Family Rights (Law on family rights)

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Ridwan, Muannif, Ahmad Syukri Saleh, and Abdul Ghaffar. "Islamic Law In Morocco: Study on The Government System and The Development of Islamic Law." ARRUS Journal of Social Sciences and Humanities 1, no. 1 (2021): 13–22. http://dx.doi.org/10.35877/soshum539.

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This study discusses Islamic law in Morocco. The author focuses on the study of the government system and the development of Islamic law there. This study used descriptive qualitative method or so-called literature study /library research. Literature study examines data by exploring, observing, examining, and identifying existing knowledge in the literature to get a conclusion of truth, both philosophical and empirical. This study concludes that Morocco is a Muslim country, the population is more than 98% embraced Islam, the system of government is a democratic, social and constitutional monar

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Hopipah, Eva Nur, Abdulah Safe'i, and Tatang Astarudin. "Political Transformation of Islamic Law in the Context of National Family Law: Between Idealism and Reality." Contemporary Society and Politics Journal 2, no. 2 (2023): 59–77. http://dx.doi.org/10.32939/cspj.v2i2.3410.

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The era continues to move dynamically, whether towards positive change or the opposite, making transformation inevitable. In this process, numerous political processes occur, especially in the transformation of Islamic law within the current national family law as manifested in Marriage Law Number 1 of 1974 and other legislations. It needs to be comprehensively understood regarding the transformation process from classical/conventional Islamic law to the emergence of ijtihad (ijma'), giving birth to the Compilation of Islamic Law (KHI). There is a contradiction between idealism and the reality

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Nasution, Muhammad Mahmud. "KAJIAN KONTEKSTUALISASI ATAS PEMBAHARUAN HUKUM KELUARGA ISLAM DI NEGARA MUSLIM." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 7, no. 2 (2022): 303–18. http://dx.doi.org/10.24952/almaqasid.v7i2.4897.

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The issue of family law is still an interesting discussion both in the world of education and in the politics of legislation, this issue is interesting because it has enormous implications in everyday life. So that there is a need for a significant regulation in this matter, the legislature is expected to be able to bring forth a family law reform that is able to become a buffer that is in accordance with the conditions of life in the family at this time.In modern times, the existence of Islamic law is relatively different from the Islamic law contained in classical fiqh books and also with th

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Rahmawati, St. "Mainstreaming of Gender Equality in Islamic Family Law: Opportunities and Challenges." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 2 (2020): 360. http://dx.doi.org/10.22373/sjhk.v4i2.8110.

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This study discusses the mainstreaming of gender equality in Islamic family law. As it is known, gender equality and Islamic law have axiological links in realizing family household that practices the universal values such as justice, literature, peace, love, compassion, etc. This research is a qualitative study with a gender perspective linked to Islamic law. The discussion showed that a number of opportunities were found as normatively affirmed in the Qur'an which has the same spirit as the mainstreaming of gender equality in Islamic family law. Likewise, legal rules such as the Compilation

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Rachmatulloh, Mochammad Agus, and Iva Nikmatul Khusna. "Tipologi Pembaruan Hukum Keluarga Islam di Ghana." Al-Adillah: Jurnal Hukum Islam 1, no. 2 (2021): 31–48. http://dx.doi.org/10.61595/aladillah.v1i2.187.

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This article describes the development of Islamic family law in Ghana, from marriage, polygamy to divorce, as well as the typology in its renewal. Islamic family law has been regulated in Islamic law. However, in practice, the life of the nation and state always requires development and renewal, in line with the changing times, places, times, and conditions. Using historical methods, descriptive in nature, with inductive analysis, and arranged in the form of a narrative that is creative and in-depth. The formulation of the problem is: (1) How is the development of Islamic family law in Ghana?

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Fauzan, Fauzan. "PROGRESSIVE LAW PARADIGM IN ISLAMIC FAMILY LAW RENEWAL IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (2020): 187. http://dx.doi.org/10.29300/mzn.v7i2.3617.

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This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from

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Fauzan, Fauzan. "Progressive Law Paradigm in Islamic Family Law Renewal in Indonesia." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (2024): 208. http://dx.doi.org/10.29300/mzn.v7i2.2598.

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This paper discusses the progressive legal paradigm in renewal Islamic family law in Indonesia. Starting from the complexity of family problems in the contemporary era, the presence of progressive legal thinking is one of the foundations in order to provide certainty and justice in society. The results of this study indicate that legal reform progressive in the field of Islamic family law can be noticed from law enforcement through court decisions. Various judges’ decisions have created jurisprudence and are used as guidelines for Religious Court judges in deciding cases. This can be seen from

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Witro, Doli, Ali Hamzah, Ike Yulisa, Mhd Rasidin, Syamsarina Syamsarina, and Hainadri Hainadri. "Turkish State Family Law: History Reform, Legislation, and Legal Materials." Politica: Jurnal Hukum Tata Negara dan Politik Islam 7, no. 1 (2020): 31–42. http://dx.doi.org/10.32505/politica.v7i1.1621.

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Historically, efforts to reform Family Law in parts of the Islamic world began to be realized in the late 19th century AD. The reality of Islamic legal reforms carried out in Islamic countries in North Africa, the Middle East, Central Asia, and Southeast Asia gave rise to unprecedented changes in the last century. These changes occur both in the justice system and in the system applied. Changes to family law were first carried out by Turkey, then followed by Lebanon in 1919, Jordan in 1951, and Syria in 1953. Muslim countries in the world, in their context with the renewal of family law, are d

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Anggraeni, Luciana, and R. Tanzil Fawaiq Sayyaf. "Critical Analysis of Islamic Family Law Reform: Corpus and Classification." Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial 26, no. 2 (2024): 189. https://doi.org/10.22373/jms.v26i2.26589.

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This article critically analyzes Islamic family law reforms with a focus on the legal corpus and its classification. The main aim of this research is to explore the reasons behind efforts to reform Islamic family law and to identify gaps that exist in the legal context. The core issues examined include the differences between traditional Islamic family law and current reform efforts, as well as the relevance and social implications of these changes in an increasingly modern society. The research methodology used includes analysis of legal documents, comparative studies between Islamic family l

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Haris, Munawir. "Pembaharuan Atas Hukum Keluarga di Indonesia: Satu Tinjauan Sosiologis." Ulumuna 19, no. 1 (2015): 137–58. http://dx.doi.org/10.20414/ujis.v19i1.1254.

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The renewal of Islamic law is essentially contrary to something that already exists (existing) then undergoes a qualitative change as a product of interaction in public life. It could be argued that the process of renewal of Islamic law is seen as something autonomous, but it also interacts with other elements in society that occur interdependently. Therefore, the concept of renewal of Islamic law requires adaptive stance with social conditions in which it interacts. In this case, the realization of the principle of al-muh}āfaz}atu ‘alā al-qadīmi al-s\ālih} wa al-akhdhu bi al-jadīd al-as\lah}

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Ozdemir, Selman Zahid. "Islamic Family Law in Morocco: Historical Developments and Reforms." Ilahiyat Studies 16, no. 1 (2025): 107–22. https://doi.org/10.12730/is.1585555.

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This research examines the historical trajectory and codification of Islamic family law in Morocco and analyses its transformation from indigenous and Islamic customs to a formalized legal framework shaped by colonial and postcolonial reforms. Moroccan family law was initially rooted in local customs and Mālikī fiqh. During the French protectorate (1912-1956), colonial authorities restricted Sharīʿah courts, prompting nationalist resistance that ultimately led to Morocco’s independence and calls for legal reform. After Morocco gained independence, the first codified Islamic family law, Mudawwa

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Nurul Umah, Habibah, and Ummul Baroroh. "PERBANDINGAN PENERAPAN HUKUM KELUARGA DI DUNIA ISLAM." Moderation | Journal of Islamic Studies Review 2, no. 2 (2022): 25–36. https://doi.org/10.63195/moderation.v2i2.60.

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Family law can be formulated as laws that regulate family relations from the early days of its formation until the end or end of the family. Family law gets the largest portion in the study of Islamic law because almost every country that claims to be an Islamic country or a majority Muslim population or also a Muslim minority country, recognizes the regulations governing family relationships as law that must be applied and always updated according to need. This article makes a comparison of Islamic family law in the Islamic world on “the application of marriage registration” and “the applicat

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Septiani, Rina Rina. "Dynamics of Family Law Reform in the Muslim World (Study on the Age Limits for Marriage in Indonesia, Malaysia, Brunei Darussalam)." Mizan: Journal of Islamic Law 7, no. 2 (2023): 183. http://dx.doi.org/10.32507/mizan.v7i2.2268.

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Family law occupies a very important position in Islamic law, related to its very significant contribution in the effort to create an orderly and harmonious society. That is why in many Islamic countries or where the majority of their citizens are Muslim, especially Indonesia, Malaysia, Brunei Darussalam, the field of family law always gets high appreciation which is manifested in the form of ongoing efforts to legislate Islamic law into positive law into statutory products. Renewal of Islamic family law in Indonesia, Malaysia, Brunei Darussalam is a necessity. In terms of the age limit for ma

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Rohe, Mathias. "Islamic Law in German Courts." Hawwa 1, no. 1 (2003): 46–59. http://dx.doi.org/10.1163/15692078-00101001.

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The application of Islamic law in a Western country—enforced by Western courts—may cause considerable irritation among many citizens in our countries. There are well-known issues of tension between traditional Islamic rules, especially those relating to Family law, and Western legal convictions. Nevertheless, Islamic law is indeed generally applicable in Germany on two levels. The rules of German Private International Law may lead to such a result; furthermore, an area of—indirect—application opens up within the framework of the so-called “optional” civil law. The task of German courts in such

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Tubagus Farhan Maulana. "Hubungan Hukum Keluarga Islam dengan Isu Hak Anak dan Pencatatan Perkawinan di Malaysia." Syakhshiyyah Jurnal Hukum Keluarga Islam 5, no. 1 (2025): 50–70. https://doi.org/10.32332/wpzqy564.

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This study investigates the interplay between Islamic family law, children's rights, and marriage registration in Malaysia. As a Muslim-majority country, Malaysia's Islamic family law—primarily based on the Shafi'i school—has developed under the dual influences of British colonial legacy and legal modernization. The research traces the historical evolution of Islamic family law, highlighting the roles of local customs, legal codification, and its integration with the Common Law system. Although marriage registration is legally required, the validity of marriage is determined by Islamic princip

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Abdillah, Junaidi, Mahdaniyal Hasanah Nuriyyatiningrum, and Nafila Inarotussofia Miftahunnaja. "Unity of Sciences (UoS) as a Paradigm For Indonesian Islamic Family Law Reconstruction." Al-'Adalah 19, no. 1 (2022): 99–122. http://dx.doi.org/10.24042/adalah.v19i1.10189.

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Unity of Sciences (UoS) as a Paradigm For Indonesian Islamic Family Law Reconstruction. This article aims to examine the use of the Unity of Sciences (UoS) application in efforts to reconstruct family law in Indonesia. This is because the existence of Islamic family law in this country has gained a good place in people's lives, evidenced by the transformation of several al-ahwāl al-shakhsyiyah’s (Islamic Family Law) materials into national law. This transformation, even though it implies a renewal entity, however, at the same time, it draws a lot of criticism from some circles, ranging from co

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Komarudin, Koko. "THE ESSENCE OF THE ISLAMIC FAMILY." Al-IHKAM Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram 12, no. 2 (2020): 125–34. http://dx.doi.org/10.20414/alihkam.v12i2.3049.

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The discussion of the Islamic family means discussing the families that are scattered all over the world where Islam is part of the religion followed by the population. Islamic family law (al Akhwal al Syakhsiyyah) is the main part of Islamic law with a larger portion and high enough attention, both from the heavens, namely divine revelation (Al-Qu'ran) and the Sunnah of the Prophet Muhammad as well as from the applicable laws and regulations in each country. . Islamic family law is basically here to provide a comprehensive and integral understanding and insight into how to have a family in ac

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Arofik, Slamet. "Sketsa Hukum Keluarga Islam Dalam Literatur Arab Kontemporer." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 7, no. 1 (2019): 52–67. http://dx.doi.org/10.52431/tafaqquh.v7i1.185.

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Abstract: Islamic Family Law (Ahwal Syakhsiyah) is a set of rules and procedures in the household ranging from pre-marriage, the implementation of marriage to the usual things that occur after marriage. Plus the chapter endowments, wills, grants and inheritance. This paper will explain the sketch and the existence of Islamic Family Law (IPR) in Contemporary Arabic literature. This finds the value of urgency considering that Islamic Family Law in the contemporary period has become an independent and separate study from other fiqh studies although basically Islamic Family Law is part of Jurispru

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Musyafa'ah, Nur Lailatul. "Studi Hukum Perkawinan Islam di Indonesia Perspektif Gender." AL-HUKAMA 4, no. 2 (2023): 409–30. https://doi.org/10.15642/al-hukama.2014.4.2.409-430.

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This article discusses Islamic family law from the perspective gender studies. The study of Islamic family law is a compulsory study for all students in the Faculty of Islamic Law and Legal Studies. The study, though, only referred to classical Islamic jurisprudence as reflected in Islamic law school (Maddhab). In addition, it uses the positive law of marriage in Indonesia, namely Law No. 1/1974 on Marriage and Presidential Degree No. 1/1990 on Kompilasi Hukum Islam. With the development of renewal in Islamic family law in contemporary state, Islamic family law should be studied through variou

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Issaka-Toure, Fulera, and Ousseina D. Alidou. "Introduction: Current Perspectives on Islamic Family Law in Africa." Islamic Africa 11, no. 2 (2021): 153–62. http://dx.doi.org/10.1163/21540993-01101016.

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Abstract This special issue of Islamic Africa brings together new critical perspectives on the status of Islamic Family Law, commonly referred to as sharīʿa, within four African countries – Ghana, Kenya, Mozambique and Senegal – each reflecting distinctive gendered cultural, colonial and postcolonial realities. The introduction provides a general overview of the state of the art on Islamic family law in Africa and highlights the significant thematic focus of each contribution and the new areas for further inquiry that the volume opens. These topics and questions include among others: (a) the w

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Zainudin, Ahmad, and Fatima Al-Muqri. "The role of family on children's education islamic law perspective." As-Sakinah Journal of Islamic Family Law 2, no. 2 (2024): 75–84. http://dx.doi.org/10.55210/jhki.v2i2.436.

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This research examines the role of the family in children's education from the perspective of Islamic law. The main issues raised are how the family influences the process of child education in accordance with the principles of Islamic law and what challenges are faced in its implementation. The purpose of this study is to analyze the role of the family in children's education and how Islamic law governs family responsibilities.. The research method used is literature reviewand in-depth interviews with parents and educators. Data were collected from relevant primary and secondary sources, incl

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Yulisa, Ike, Muhamad Yusuf, Doli Witro, Luqyana Azmiya Putri, Mhd Rasidin, and Nurul Alamin. "Arrangement and Dynamication of Family Law Updating in Indonesia." Al-'Adl 13, no. 2 (2020): 285. http://dx.doi.org/10.31332/aladl.v13i2.1879.

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In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform

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Sabreen, Mudasra. "The Judiciary-led Islamization of Family Law in Pakistan." Islamic Studies 59, no. 2 (2020): 203–23. https://doi.org/10.52541/isiri.v59i2.1406.

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According to the Constitution of Pakistan 1973, Pakistan is an Islamic Republic in which any law against the Qur’ān and sunnah is void. In Pakistan, Muslim family law is largely based on Islamic law, but the law is not detailed. Lack of detailed legislation gives the courts huge discretion, which sometimes results in contradictory decisions. According to Martin Lau and others, Islamization in Pakistan has been a judiciary-led process. While interpreting the law and exercising discretion, Pakistani courts sometimes differ with the established schools of Islamic law, exercise ijtihād, and occasi

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Keri, Ismail. "LEGISLASI HUKUM KELUARGA ISLAM BERDASARKAN KOMPILASI HUKUM ISLAM." Ekspose: Jurnal Penelitian Hukum dan Pendidikan 16, no. 2 (2019): 361. http://dx.doi.org/10.30863/ekspose.v16i2.97.

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Islamic Family Law consists of fundamental nationalities that always live and develop along with the development of society in the life of the nation. The configuration of national life interests is an instrument contested by the nation's components in these interests in the path of the state constitution, thus gaining a place of legitimacy in the process of constructing a national legal order. The history of national legal legislation has included the Compilation of Islamic Law as one of the country's alignments with the process of Islamic family law into National law. At the same time, the r

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Rahmat, Doris, and Santoso Budi NU. "INHERITANCE CONFLICT IN ISLAMIC LAW." Wacana Hukum 27, no. 2 (2021): 54–58. http://dx.doi.org/10.33061/1.wh.2021.27.2.5810.

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Conflicts between heirs also often occur because of the natural attitude of humans who do not want to give in and want to win themselves, in order to get the largest share of the inheritance among other families. Problem Formulation How is inheritance conflict in Islamic law The purpose of this research is to find out inheritance conflict in Islamic law.The method used in this study is a sociological juridical approach, namely an approach to the problem through legal research by looking at the legal reality in practice, then connecting it with the facts that exist from the problem to be examin

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Sugitanata, Arif, Idul Adnan, Hartawan Hartawan, and Muzawir Muzawir. "Evolusi Hukum Keluarga Islam Sebelum dan Selama Era Revolusi Industri 5.0." Al-Muqaronah: Jurnal Perbandingan Mazhab dan Hukum 1, no. 1 (2022): 21–31. http://dx.doi.org/10.59259/am.v1i1.75.

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The Industrial Revolution 5.0 changed the paradigm of human interaction with technology, which emphasises the synergy between artificial intelligence and unique human capabilities to create more humane and sustainable innovations. In the context of Islamic family law, the Industrial Revolution 5.0 brings new challenges and opportunities that require thoughtful understanding to ensure its relevance and benefits for Muslims. This research compares the evolution of Islamic family law before and during the Industrial Revolution 5.0 era through a literature study-based comparative approach with a q

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Anfasa, Farid, and A. Kumedi Ja’far. "Islamic Family Law Perspective on Marrying Pregnant Women." At-Tahdzib: Jurnal Studi Islam dan Muamalah 12, no. 2 (2024): 182–89. http://dx.doi.org/10.61181/at-tahdzib.v12i2.465.

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Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman w

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Arifin, Syamsul. "KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM." Ijlil 1, no. 2 (2021): 196–215. http://dx.doi.org/10.35719/ijl.v1i2.98.

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Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in

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Lukito, Ratno. "Religious ADR: Mediation in Islamic Family Law Tradition." Al-Jami'ah: Journal of Islamic Studies 44, no. 2 (2006): 325. http://dx.doi.org/10.14421/ajis.2006.442.325-346.

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Mediasi adalah salah satu metode resolusi konflik yang banyak menjadi kajian dalam studi Alternative Dispute Resolution (ADR), atau Resolusi Konflik Alternatif). Kelebihan dari teori ini terletak pada metodenya yang sepenuhnya menyerahkan proses resolusi tersebut kepada para pihak yang sedang konflik. Mediator dengan demikian sekadar memfasilitasi proses resolusi tersebut agar berjalan dengan baik. Keputusan akhir tetap berada pada para pihak yang berkonflik. Namun begitu, selama ini kajian mengenai mediasi ini tidak pernah melibatkan nilai-nilai agama. Sistem ilmu mengenai hal ini lahir dari

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