El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law

Challenges of Family Fragility Among Muallaf An Analysis of Religious Court Decisions in Indonesia

Salma Salma, Jarudin Jarudin — Mon, 02 Jun 2025 00:00:00 +0800

The marriage between individuals of different religions continues to emerge in Indonesia. Some of them convert to Islam (become Muslim) in order to have their marriage officially registered at the Religious Affairs Office (KUA), making their marriage valid. However, the reality of living a married life based on religious differences before marriage is at risk due to various crucial factors that the couple already faced prior to converting to Islam. This study aims to further elaborate on the fragility of the families of converts through an analysis of court rulings from Indonesian Religious Courts. These rulings are analyzed based on the reasons for divorce in cases from various Religious Courts, examining the judges' legal considerations and analyzing their decisions from the perspective of interfaith marriages. This normative legal research uses secondary data, consisting of primary legal materials from the rulings of Religious Courts obtained from the Supreme Court's decision directory. Additionally, secondary legal materials such as fiqh books, marriage regulations, and other related articles are also used. The findings of the study indicate that divorces occurring in these thousands of rulings were caused by non-Muslim partners reverting to their previous religion (apostasy). In these cases, judges granted divorce petitions due to the conversion from Islam to another religion (apostasy), which became one of the grounds for marriage dissolution (fasakh). From this perspective, it can be concluded that the fundamental principle in Indonesian marriage regulations, which only accepts marriages between individuals of the same religion, is aimed at ensuring the creation of intact, strong, and solid families, built on a foundation of the same religion from before marriage.

Parental Responsibility for Children Placed in the Aisyiyah Orphanage Batusangkar Branch A Review of Islamic Family Law

Husna Rita, Nofialdi, Farida Arianti, Sri Yunarti — Mon, 02 Jun 2025 00:00:00 +0800

This study explores the responsibilities of parents toward children placed in the Aisyiyah Orphanage, Batusangkar Branch, through the lens of Islamic Family Law. parents are obliged to provide for and raise their children even after divorce. The 1974 Indonesian Marriage Law (Articles 45 and 41) mandates that both parents are responsible for their children’s welfare until they are self-sufficient or married. However, the reality on the ground often shows a significant gap between legal expectations and practical implementation, particularly in cases involving divorce, poverty, or remarriage. The research focuses on three issues: the reasons why parents put their children, the obstacles for parents to put their children, and the responsibility of parents for children who are put in the Aisyiyah Orphanage Batusangkar Branch. This study Used qualitative field research with a descriptive approach, data were gathered through interviews and documentation involving parents, children, and orphanage administrators. The results showed that people who put their children in orphanages had 5 reasons, namely: so that children are in a safe environment, biological fathers are reluctant to care for their children, mothers are unable to educate their children, to continue their children's education, get guidance from caregivers and administrators. There are 3 obstacles for parents to put their children in the Aisyiyah Branch Batusangkar orphanage, namely: not being fully supported by their biological father, the lack of income of parents, parents being unable to provide maintenance. For the responsibilities of parents towards children in orphanages according to the results of interviews found by researchers that there are 8 respondents who carry out their responsibilities as parents but not fully, while 2 foster children do not accept the responsibilities of parents.

A Comparative of Sanctions for Hoax as an Information Crime under the Electronic Information and Transactions Law (UU ITE) and Fiqh Jinayah

Sumardi Efendi — Tue, 10 Jun 2025 00:00:00 +0800

The dissemination of hoaxes as a form of digital information crime presents a serious challenge in modern society. Hoaxes not only cause individual harm but also disrupt social stability. Therefore, a legal approach is required that is not solely legalistic but also grounded in ethical and moral values. This research is focused on identifying the legal elements in hoax crimes according to the ITE Law and fiqh jinayah, analyzing the form and purpose of sanctions given in both legal systems, and providing integrative recommendations for law enforcement of information crimes in Indonesia that consider the principles of Islamic law as the moral and spiritual values of the nation. This study employs a library research method using a qualitative-descriptive approach. Data were obtained from academic literature, classical and contemporary fiqh texts, statutory regulations, and accredited scientific journals, then analyzed through a comparative legal framework. The Indonesian Electronic Information and Transactions Law (UU ITE) imposes criminal sanctions in the form of imprisonment and fines on hoax perpetrators, aiming to create a deterrent effect and protect the public. Meanwhile, fiqh jinayah views the dissemination of hoaxes as jinayah al-lisan (verbal offense), which may be subject to ta’zir punishment based on the extent of harm caused. The principles of maqasid al-syariah and social responsibility reinforce the urgency of education and substantive justice. The fiqh jinayah approach may complement positive law in addressing hoaxes by prioritizing public interest (maslahah), prevention, and moral values. Integrating Islamic legal principles into national law constitutes a strategic solution to the complexity of digital information crimes.

Epistemology of Misyar Marriage by Yusuf al-Qaradawi in the Book of Zawāj al-Misyär Hakikatuh and Hukmuh from the Perspective of the Philosophy of Science

Isra Mardi, Abdul Kodir, Rohanda Rohanda — Wed, 11 Jun 2025 00:00:00 +0800

Misyar marriage is a controversial alternative marital form within contemporary Islamic discourse, particularly concerning its legal validity and alignment with the objectives of Islamic law (maqāṣid al-sharīʿah). Imam Yusuf al-Qaradawi, a leading figure in modern Islamic legal thought, addresses this phenomenon in his work Zawāj al-Misyār Ḥaqīqatuh wa Ḥukmuh. This article seeks to examine the epistemological foundation of al-Qaradawi’s view on misyar marriage to understand the structure of his legal reasoning and methodology. This study specifically focuses on the epistemic foundations underlying Yusuf al-Qaradhawi's views on the practice of misyar marriage, the ijtihad method used, examining the authoritative sources that are Yusuf al-Qaradhawi's main references, and his approach in combining normative texts with contemporary social realities. This study adopts a qualitative descriptive-analytical method, employing content analysis of al-Qaradawi’s primary work, especially Zawāj al-Misyār Ḥakīkatuh wa Ḥukmuh. The analysis is conducted within the framework of Islamic philosophy of knowledge, emphasizing the integration of epistemologies. The findings reveal that al-Qaradawi constructs his fatwa through an integrative approach responsive to modern realities, employing takyīf fiqhī as a contextual ijtihad tool. His epistemic foundation combines scriptural authority with maqāṣid-oriented reasoning, producing legal opinions that are both normatively valid and socially constructive. This contributes significantly to the development of a adaptive contemporary Islamic legal epistemology and maslahah.

Implementation of Legal and Social Assistance for Street Children Victims of Sexual Exploitation in Padang City from the Perspective of Legal Sociology

Kamila Hesti, Elwi Danil, Aria Zurnetti — Wed, 18 Jun 2025 00:00:00 +0800

Street children in Indonesia are among the most vulnerable social groups, particularly exposed to various forms of exploitation, including sexual abuse. Despite the existence of regulatory frameworks such as Law No. 35 of 2014 on Child Protection and local regulations in Padang City, the implementation of protective measures for these children remains inconsistent and fragmented. This study aims to investigate the implementation of assistance programs for street children who are victims of sexual exploitation, with a focus on the role played by the Padang City Social Service Office. The research also explores the legal and institutional challenges that hinder the effectiveness of such interventions. This research uses a juridical sociological approach with a qualitative method. Data was collected through in-depth interviews with government officials, social services, and other parties related to the research topic. Secondary data in the form of documents were obtained from literature studies of legal documents, policy reports, and academic literature. The findings indicate that while a framework for holistic support comprising legal aid, psychological counseling, education, and basic needs assistance has been established, its implementation suffers from several key constraints. These include limited government budgets, weak inter-agency coordination due to sectoral egotism, and a lack of public awareness regarding the rights and protection of child victims. Furthermore, social stigma often prevents effective community involvement. This study concludes that without strengthening social and institutional structures and increasing cross-sectoral synergies, child protection will not be effective. Strengthening policy implementation, public education, and integration of Islamic legal values such as the protection of the soul (ḥifẓ al-nafs) and descendants (ḥifẓ al-nasl) can be a strong normative basis in creating a fair and sustainable child protection system.

Normative and Sociological Review of the Selangor Majlis Fatwa Decree on Dowry

Muhammad Afiq Najmi Bin Ramli, Misran, Gamal Achyar — Sun, 29 Jun 2025 00:00:00 +0800

The determination of the minimum level of dowry issued by Majlis Fatwa should contain elements of benefit for both the husband and the wife. The determination of the level of dowry is considered with various aspects such as customs and maslahat for the people in Negeri Selangor. This study aims to find out the provisions of the minimum level of dowry in Islamic law, the legal basis of Majlis Fatwa Negeri Selangor in determining the minimum level of dowry of RM 300 and the relevance of Majlis Fatwa Negeri Selangor in determining the minimum level of dowry of RM 300 to the community. This research is field research located in Selangor. The data sources used by the author are primary data sources, namely data obtained directly from interviews and secondary data sources obtained from various documents related to this research. The results showed that the provision of the minimum level of dowry in Islamic law is not specifically determined about the level of dowry for marriage. Islam only orders to lighten the dowry and facilitate marriage. The legal basis of Majlis Fatwa Negeri Selangor in determining the minimum level of dowry of RM 300, based on the hadith from Aisha, from the Prophet SAW, who said: (The women whose blessings are great are the women who facilitate the financing of their marriages). This hadith is seen as still not fulfilling the main purpose and objective for the people living today, because the people of Negeri Selangor still feel the burden of financing marriage. This also protects the right of dowry so that the determination of the dowry rate does not apply arbitrarily and complicate marriage. The relevance of Majlis Fatwa Negeri Selangor in determining the minimum level of dowry of RM 300 to the community is still not appropriate, because what is set is only the minimum limit. Majlis Fatwa should also determine the maximum level which will be good between the man and the woman.