MASADIR: Jurnal Hukum Islam

Kedudukan Dan Peran Restu Orang Tua Dalam Pernikahan Terhadap Keharmonisan Rumah Tangga

Nurul Azidah — 2025-10-31

The phenomenon of family harmony that every married couple desires and strives for is often hampered because of the parents' approval of the couple. although parental approval is not the only obstacle to the formation of family harmony. The realization of family harmony can be influenced by internal and external factors. However, there are often divisions and disputes between married couples which start from the lack of approval from their parents. In Islamic law, the position of parental approval is not included in the pillars or legal requirements for a marriage. There was no opinion of the ulama' who stated that the validity of marriage requires the blessing of the parents. However, parental blessing plays an important role in creating a harmonious family.

Pandangan Pandangan Mazhab Syafi’i dan Mazhab Maliki Tentang Nafkah Istri Yang Bekerja Perspektif Maqasid Al-Syariah

Anisatur Rofiah Anis — 2025-10-31

Marriage is inseparable from rights and obligations, one of the husband's obligations is to provide maintenance for his wife. Imam Syafii explains verse 3 of Surah An-Nisa' that a husband who is not wealthy is still obligated to provide maintenance, clothing, and housing for his wife. From the Maliki school of thought, Sheikh Abu Walid Muhammad in his book Al-Bayan wa al-Tahsil explains that a husband has the obligation to provide maintenance for his wife as a form of appreciation for her role in maintaining honor and fulfilling household responsibilities. The objectives of this study are: (1) To determine the views of the Shafi'i and Maliki schools of thought on the maintenance of working wives. (2) To determine the Maqa?id Al-Syari'ah review of the Shafi'i and Maliki schools of thought on the maintenance of working wives. In this study, the researcher used a literature review method with a normative approach. Normative refers to a literature review that draws from journals, books, articles, texts, and other sources. Researchers use primary and secondary data sources. Primary data is obtained from the books of the Syafi'i and Maliki schools. Secondary data is drawn from journals, articles, books, and comparative texts. According to the Syafii school of thought, a husband is obligated to provide maintenance if his wife has submitted herself to him. If the wife leaves the house without her husband's permission, her right to maintenance may be lost as she is considered to be disobedient. The amount of maintenance in the Maliki school of thought is not specified, as it depends on the wife's needs and the husband's ability to provide. In the Maliki school of thought, the condition for a husband to provide maintenance is that he is able to do so; if he is unable, he is not obligated to provide maintenance for his wife to work. According to the Syafii school of thought, Surah at-Talaq verse 7 falls under the definition of Maqa?id both linguistically and terminologically. According to the Maliki school of thought, the verse aligns with the general purpose of maqasid or Maqa?id ammah and meets the criteria as Maqa?id ammah.

Keywords: Evidence, Maintenance, Maqa?id Al-Syariah

Kaidah Al-’Adatu Muhakkamah Dalam Dialektika Syariah dan Tsaqafah Pada Hukum Keluarga Indonesia

Alfiyah Faizatul Arif — 2025-10-31

This study analyzes the dynamic interaction between normative Islamic Law (Shari'a) and local cultural realities (Tsaqafah) within the framework of Family Law in Indonesia by exploring the implementation of the fiqh principle of Al-'Adatu Muhakkamah as a methodology for harmonizing religious texts and Nusantara traditions. This study uses a qualitative method through library research with a normative juridical approach, in order to dissect the adaptation of classical legal principles into positive law. The results of the study reveal that as accommodated in the Compilation of Islamic Law (KHI), family law in Indonesia is a product of contextual ijtihad that provides legal space for Al-'Urf as long as it does not conflict with the basic principles of sharia. The real manifestation of this synchronization is seen in the legal recognition of the concept of Joint Property (Gono-Gini) and the standardization of Customary Dowry which has a strong basis of benefit in the Indonesian social structure even though it is not specifically detailed in classical legal texts. This study concludes that the relationship between sharia and custom in Indonesia is not contradictory, but rather dialectical-integrative, which gives rise to the characteristics of Indonesian Fiqh which are harmonious, relevant, and adaptive to the dynamics of the times.

Digitalisasi Al-Bayyinah: Rekonstruksi Hukum Pembuktian Elektronik Dalam Perkara Perceraian Di Peradilan Agama

Miftakur Rohman — 2025-10-31

The digitalization of social interaction has emerged a new phenomenon in Islamic family law disputes, where digital evidence often becomes the primary instrument in court verification. However, judicial ambivalence remains in responding to digital evidence due to the rigid interpretation of the concept of al-bayyinah, which is still dominated by oral culture. This article aims to reconstruct the concept of evidence in Islamic family law to provide legitimacy for electronic evidence. Using a juridical-normative research method with a conceptual approach, this study examines Ibn Qayyim al-Jawziyya's thought on the flexibility of evidence. The results indicate that al-bayyinah should be understood as any means capable of revealing material truth, including verified digital data. This study proposes the construction of "Techno-Fiqh" as an integration framework between Islamic law and cyber law. The implications of this research emphasize that the independent recognition of digital evidence in Religious Courts is not merely a technical necessity, but an urgent ijtihad to achieve legal justice that is adaptive to modern changes.