Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam

Enforcement of Zina Laws in Islamic Law and Positive Law: Criticism of the Judge's Decision and Offer of Solutions

2024-12-30T07:30:15+00:00

The enforcement of zina law in Islamic law and positive law in Indonesia shows significant differences in the definition, application of sanctions, and legal process. This difference creates a misalignment between society's expectation of a strict application of sharia norms and the more lenient rules of positive law. In Islamic law, adultery is a serious offense with strict sanctions such as stoning or flogging, while Indonesian positive law only provides minor criminal penalties for perpetrators who are bound by marriage, and often does not provide the deterrent effect expected by society. This research aims to criticize the judges' decisions in handling adultery cases and propose solutions through harmonization of Islamic law and positive law, based on the principle of Maqasid al-Syariah. This research approach uses qualitative research, reviewing literature with literature studies. Normative and comparative analysis is conducted to understand the discrepancies and their implications for the protection of the rights of children out of wedlock, which in Islamic law is often not recognized as the status of the biological father, but is recognized in positive law. The results show that harmonization between the two legal systems is necessary to bridge this discrepancy and provide substantive justice for children of adultery. The implementation of Maqasid al-Syariah is expected to protect children's rights while strengthening sanctions against perpetrators, thus meeting the expectations of social justice without ignoring the basic values in Islamic law.

Comparison of Takhshish al-Qadla on Legal Sanctions for Violation of Marital Law: A Study in Indonesia, Malaysia and Singapore

2024-12-30T07:39:53+00:00

Family law reform in Muslim countries has been carried out since the 7th century until now. The aim is to respond to the development of the times and the concept of classical fiqh which is considered less accommodating in answering current family problems. This study aims to understand the form of takhshish al-qadla in applying sanctions to the Marriage Law in Indonesia, Malaysia, and Singapore. This article is a library research using a comparative approach. The primary legal materials in this study are Law No. 16 of 2019 in conjunction with Law No. 1 of 1974 concerning Marriage, KHI, Enakmen of the Islamic Family Law of Negeri Sembilan 2003 No. 11, and Administration of Muslim Law Act 1966 (2020 revised edition). The analysis results show that the marriage laws in Indonesia, Malaysia, and Singapore contain legal sanctions for citizens who violate these rules. Comparison of the three countries, namely: 1) Indonesia, there are 6 elements included in the criminal provisions with a penalty of a fine of IDR 7,500 or 3 months imprisonment. 2) Enakmen of the Islamic Family Law of Malaysia, 8 provisions included in the penalty section with a maximum fine of RM 1,000 or imprisonment of 6 to 1-year maximum. 3) Singapore in AMLA 1996 (2020 revised edition) imposes sanctions on 6 violations of marriage rules with a maximum fine of $ 500 (five hundred Singapore dollars) or imprisonment for a period of not more than 6, 12 months to 3 years. The legal sanctions contained in the marriage rules in Indonesia, Malaysia, and Singapore are a form of bakhshish al-qadla carried out by the government to provide legal certainty and threats to comply with the rules, norms, and regulations in force in a country.

Women's Rights in Rejecting Polygamy: Islamic Law Perspective and Compilation of Islamic Law in Indonesia

2024-12-30T08:39:57+00:00

Abstract

Polygamy is an inevitability that must be accepted by every individual who holds firmly to the tenets of Allah's religion, Islam. Islam regulates the issue of polygamy in great detail to maintain balance, justice, order, and to avoid tyranny. The Sharia on polygamy came down with the spirit of reducing quantity, not the opposite, through a very strict mechanism of justice. Unlike the pre-Islamic culture that legalized men to marry an unlimited number of wives, Islam limits a man to marry only up to four women. Additionally, Islam also grants women or their guardians the right to accept or reject polygamy. For instance, the Prophet Muhammad (peace be upon him) prohibited Ali ibn Abi Talib from marrying another woman while still married to his beloved daughter Fatimah. This research methodology uses a qualitative approach with an exploratory type. This study will examine two things: first, the analysis of the limits of polygamy from the perspective of fiqh law and the Compilation of Islamic Law (KHI). Second, women's right to refuse polygamy. The results of this study are, firstly, that polygamy is prescribed based on the principle of maslahat (benefit), hence religion grants wives the right to accept or refuse polygamy.

The Hadith on Pursuing Knowledge for Women as a Reflection of Gender Equality in Islamic Jurisprudence

2024-12-30T15:06:24+00:00

The pursuit of knowledge provides women with opportunities to share insights and understanding of religion and social wisdom. This endeavor can enhance faith, support social progress, contribute to various fields that benefit the community, and position women as essential role models for future generations. Specifically, this article discusses the status and obligation of seeking knowledge for women based on the hadiths of Prophet Muhammad (peace be upon him), reflections on women’s pursuit of knowledge, and their role in social life from the perspective of the Prophet. This article employs a qualitative research method based on library studies, using primary sources from literature relevant to the research focus. A thematic approach is applied to interpret the hadiths concerning the obligation to seek knowledge. The findings reveal that education for women in Islam is an obligation equal to that for men, rooted in religious teachings that place knowledge as the foundation of faith and piety. Prophet Muhammad (peace be upon him) emphasized the importance of knowledge for every Muslim, regardless of gender, making it a vital means for understanding religion and enhancing social roles.

Exploring the Ring Exchange Tradition in Mappetuada: Implications of Maqasid Al-Shariah on Family and Society

2024-12-31T01:26:36+00:00

This study examines the tradition of exchanging rings in the Mappettuada ceremony, which is part of the engagement process (khitbah) in Bugis culture, with a focus on the implications of Maqasidh al-Syariah for family and society. This tradition not only serves as a symbol of love and commitment between the engaged couple but also reflects the deep social and religious values within Bugis society. The study aims to understand how Mappettuada plays a role in strengthening social bonds and how this tradition aligns with the principles of Maqasidh al-Syariah, particularly in the protection of religion (hifdz al-din), life (hifdz al-nafs), and lineage (hifdz al-nasl). Using a qualitative-descriptive and phenomenological approach, this research explores the dynamics between customary practices and Islamic law in the context of marriage, as well as its impact on family welfare and societal harmony. The findings show that the tradition of exchanging rings in Mappettuada not only strengthens individual and family relationships but also serves as a means to preserve moral and religious values in the Bugis community, demonstrating the synchronization between local customs and Islamic law.

The Qur'anic Perspective on the Rights and Duties of Husband and Wife as Efforts to Prevent Domestic Violence

2025-01-03T02:21:00+00:00

This study aims to analyse the Qur'anic verses related to the rights and obligations of husband and wife, as well as explore ways to contextualise these verses in an effort to prevent domestic violence (KDRT) in the modern era. This research uses a qualitative approach with the type of library research. The data used is secondary data, which includes the Qur'an, Hadith, books, and articles relevant to the topic of discussion. The results of the analysis show that the Qur'an emphasises the principles of love (mawaddah wa rahmah), good treatment of spouses, equality in husband and wife relations, and responsibility as a family leader, which are the foundation for the creation of a harmonious household. These principles serve as a theological foundation in the prevention of domestic violence. A correct understanding of Qur'anic verses can be an effective solution to domestic violence, especially in highly religious societies such as Indonesia. This study recommends the education of Qur'anic values in premarital programmes, strengthening the role of religious institutions, and formulating policies based on Islamic principles as an effort to prevent domestic violence. This approach is expected to create harmonious families and a society free from violence in accordance with Qur'anic values.