Syariah: Jurnal Hukum Keluarga Islam

KEWAJIBAN MENAFKAHI KELUARGA PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA

2025-12-11T18:34:14+07:00

Support is the primary obligation of a father as head of the family, both from the perspective of Islamic law and Indonesian positive law. This obligation is affirmed through the Qur'an, Hadith, classical Islamic jurisprudence, and laws and regulations, including Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI). This study aims to examine the normative basis of the obligation to provide support, along with its implementation in religious court practice in Indonesia. The method used is normative legal research with a literature approach, referring to published scientific journals, Islamic jurisprudence books, and related regulations. The results of the study indicate that the obligation to provide support for one's wife and children is absolute, remains in effect even in the event of divorce, and must be adjusted to the father's economic capacity and the children's needs. The court plays a crucial role in determining the amount of support to achieve justice and family welfare. This study emphasizes the harmonization of sharia principles, positive law, and judicial practice as the basis for enforcing the right to support

KETENTUAN UMUR PERKAWINAN DALAM PERSPEKTIF UNDANG-UNDANG PERKAWINAN DAN FIKIH MUNAKAHAT

2025-12-16T11:42:05+07:00

This study discusses the provisions on the age of marriage from the perspective of Islamic law and Indonesian positive law, highlighting the conceptual differences between Fikih Munakahat and Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974. In Islamic law, the age limit for marriage is not determined numerically, but is based on signs of puberty and a person's physical, mental, and moral readiness. In contrast, positive law sets a minimum age of 19 for men and women as a form of protection for children and an effort to create prosperous and responsible families. This study uses a normative legal research method with a legislative and conceptual approach, through a literature review of primary and secondary legal sources. The results show that although there is no fundamental difference in the objectives of the two legal systems, normative tension still exists at the practical level due to the difference in emphasis between the flexibility of Islamic law and the strictness of positive law. Therefore, the setting of age limits by the state can be seen as a form of contemporary ijtihad in line with the principle of maqāṣid al-sharī‘ah to maintain public interest, protect the younger generation, and prevent underage marriage.

KONSELING ISLAM MELALUI TEKNIK REFRAMING DAN TERAPI SHALAWAT UNTUK MENINGKATKAN SELF ESTEEM PADA PELAKU PENCURIAN DI LEMBAGA PEMASYARAKATAN KELAS IIA

2025-12-18T11:29:39+07:00

This study aims to analyze the effectiveness of Islamic counseling through reframing techniques and prayer therapy in increasing self-esteem in perpetrators of theft crimes in Class IIA Banyuwangi Correctional Institution. The background of this study is based on the low self-esteem of inmates due to social stigma, guilt, and psychological conditions during sentencing. The Islamic counseling approach was chosen because it is able to combine spiritual and psychological principles to help clients re-understand the meaning of life, improve self-perception, and build positive hope. The research method uses a qualitative approach with a case study design, involving the process of assessment, intervention, and evaluation of several inmates who meet the research criteria. Reframing techniques are used to help clients reinterpret negative experiences more constructively, while prayer therapy is applied as a spiritual relaxation technique to foster inner peace and closeness to Allah. The results of the study showed a significant increase in the aspect of self-esteem after participating in a series of counseling sessions, characterized by a change in mindset, better emotional control, and the emergence of motivation to improve themselves. This study concludes that the application of Islamic counseling with reframing techniques and prayer therapy is effective in increasing the self-esteem of inmates, and can be an alternative to personality development services in correctional institutions.

PROBLEMATIKA TALAK ONLINE VIA WHATSAPP PERSPEKTIF TEORI HIERARKI KEBUTUHAN DAN MAQASHID AL-SYARI'AH

2025-12-22T12:11:50+07:00

The phenomenon of online ṭalāq conducted through digital media such as WhatsApp represents a new issue in divorce practices that generates legal, psychological, and social implications. This study aims to analyze the problems of online ṭalāq based on the hierarchy of human needs theory proposed by Abraham Maslow and the contemporary maqāṣid al-sharī‘ah perspective developed by Jasser Auda. The research employs a normative. The findings indicate that online ṭalāq from hierarchy of needs theory is associated with failures in fulfilling hierarchical human needs particularly the needs for security, affection, self-esteem, and self-actualization thereby encouraging emotional and hasty divorce decisions. From the maqāṣid al-sharī‘ah Jasser Auda perspective, the practice of online ṭalāq potentially conflicts with the objectives of Islamic law, including ḥifẓ al-dīn (protection of religion), ḥifẓ al-nafs (protection of life), ḥifẓ al-‘aql (protection of intellect), ḥifẓ al-nasl (protection of progeny), ḥifẓ al-māl (protection of property), ḥifẓ al-karāmah al-insāniyyah (protection of human dignity), ḥifẓ al-usrah wa al-ḥuqūq al-usariyyah (protection of the family and family rights), and taḥqīq al-‘adālah al-ijtimā‘iyyah (realization of social justice), as it is often carried out without procedures that ensure legal certainty, justice, and family protection.

PEMIKIRAN FILSAFAT HUKUM ISLAM DALAM TEORI BAYANI

2025-12-22T23:40:37+07:00

This study aims to examine the concept of bayani theory and its application in Islamic legal philosophy. This study uses a qualitative approach with a library research method. Data collection techniques were conducted through reading, collecting, and analyzing literature from books and journals. The results of the study indicate that Islamic legal philosophy demonstrates that this theory is a central pillar in classical Islamic legal epistemology. The philosophical roots of bayani theory lie in prioritizing revealed texts (nash) as the absolute source of truth and law. Bayani reasoning is based on the belief that all of God's commands and prohibitions contain meanings that can be understood through Arabic linguistic tools. Therefore, this method positions language as a central medium for understanding Sharia law. Bayani theory should be maintained as the core of Islamic legal epistemology, but it must be revitalized through reinterpretation and integration with modern social sciences to provide answers to complex legal problems in the global era.