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Legitima: Jurnal Hukum Keluarga Islam
ISSN 2655-4909 · Universitas Islam Tribakti Lirboyo Kediri · 110 artikel di indeks
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Artikel Jurnal
The Penal Turn in Muslim Family Regulation: Criminalization and State Enforcement in Contemporary Egypt
Purpose: This study analyzes the penal framework outlined in Articles 168–175 of Egypt’s 2026 Draft Family Law, with particular emphasis on the integration of imprisonment, monetary fines, professional sanctions, and ancillary legal consequences in the regulation and enforcement of family law…
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Artikel Jurnal
Filling the Vacancy of the Heirs: The Reasoning of the Supreme Court's Qiyās, Certainty of the Law of Adoption in Islamic Family Law
Purpose – This study critically evaluates the epistemological shift in Islamic inheritance law within contemporary Indonesian judicial practice by examining Supreme Court Decision No. 179 K/AG/1998 which employs qiyās (analogical reasoning) to grant a "Mandatory Will" for adopted children. It moves…
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Artikel Jurnal
Judicial Disparities in Determining Children Born Out of Wedlock: Examining Legal Reasoning Between Administrative Needs and Sharia-Based Justice
Purpose – This article examines the disparity in judges' reasoning in the determination of children born out of wedlock in the Religious Court environment, with an emphasis on how judges build legal reasoning when facing the tension between administrative needs and sharia-based justice. This…
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Artikel Jurnal
Power Relations and Women's Strategies in Accessing Property from Unregistered Marriages in Indonesia: A Socio-Legal Analysis
Purpose – The practice of marriages that are not officially registered with a state institution continues to shape contemporary debates on Islamic family law in the Global South, particularly regarding women’s legal status, access to marital property, and inheritance rights. In many Muslim…
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Artikel Jurnal
Relational Justice in Islamic Inheritance Law: Reinterpreting Gender Equality Through the Thought of Husein Muhammad and Faqihuddin Abdul Kodir
Purpose – This study examines the concept of relational justice in Islamic inheritance law in response to the growing tension between classical legal doctrines and contemporary transformations in gender roles within Muslim societies. While existing studies have explored gender justice, maqāṣid…
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Artikel Jurnal
Mabādi’ ‘Asyarah as an Epistemological Framework for National Fiqh: Reconstructing Lirboyo’s Contemporary Islamic Legal Thought
Purpose – The philosophy of science seeks to formulate the conceptual foundations that define the identity, structure, and purpose of a scientific discipline. Within the Islamic intellectual tradition, this function is represented by Mabādi’ ‘Asyarah, a framework consisting of ten fundamental…
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Artikel Jurnal
The Dynamics of Gender Power Relations in Families of Indonesian Female Migrant Workers: A Study of Seesaw Marriage
Purpose – This study aims to analyze how the migration of Indonesian female migrant workers reshapes gender power relations within the family and to propose Hanna Rosin’s concept of seesaw marriage as an adaptive model for sharing breadwinning and caregiving roles. Methods – This study employed a…
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Artikel Jurnal
Cyber Infidelity Evidence in Divorce Litigation: Reconstructing Judicial Reasoning in Indonesian Religious Courts
Purpose – This study examines judicial reasoning, disparities in the standard of proof, and the reconstruction of judicial reasoning regarding the proof of cyber infidelity in divorce cases in the Indonesian religious courts. The study stems from the lack of operational standards of proof regarding…
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Artikel Jurnal
Informal Divorces Resulting from Online Gambling in Rural Indonesia: Legal Pluralism, Informal Authority, and Access to Justice
Purpose – This study examines why rural communities in Gunung Labahan Subdistrict, Way Kanan Regency, continue to practice cerai sirri (informal divorce) outside the religious court system and analyzes its socio-legal consequences for women and children through the perspective of legal pluralism…
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Artikel Jurnal
Recontextualizing Islamic Inheritance Law in the Contemporary Era: An Uṣūl al-Fiqh Perspective and the Responses of Urban Muslim Communities
Purpose – This article explores the recontextualization of Islamic inheritance law through the perspective of uṣūl al-fiqh, focusing on the reformist ideas of Munawir Sjadzali and their reception among urban Muslim communities in Purwokerto, Indonesia. It seeks to examine how contemporary Muslim…
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Artikel Jurnal
Reexamining Sadd Al-Źarī’ah in Contemporary Islamic Family Law: An Empirical Study on the Rationale for Delaying Marriage in Pringsewu Regency
Purpose – This study is motivated by the growing phenomenon of “waithood” (marriage postponement), which, from the perspective of classical Islamic law, is often viewed as potentially harmful to society. This study aims to analyze the rationale behind marriage postponement in Pringsewu Regency and…
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Artikel Jurnal
Customary Authority and Islamic Family Law Governance under Legal Pluralism: Toward a Limited Integration Model in the Sultanate of Ternate, Indonesia
Purpose – This study aims to analyze the customary authority of the Sultanate of Ternate in the governance of Islamic family law in Indonesia within the framework of legal pluralism. This study is based on the fact that disputes within Muslim families are not always resolved through the religious…
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Artikel Jurnal
Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts
Purpose - This study examines the urgency of reforming mediation regulations in Islamic family law disputes in Indonesian religious courts to be more responsive, in line with Islamic values and contemporary legal needs. The current mediation framework is often criticized for its rigidity, legal…
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Artikel Jurnal
The Principle of Reciprocity in Contemporary Court Decisions: Analysis of Qirā'ah Mubādalah in Divorce Decisions of the Surabaya Religious High Court
Purpose – The purpose of this study is to analyze contemporary judges' considerations in divorce case rulings at the Surabaya Religious High Court and to examine the principle of reciprocity in the Qirā'ah mubādalah theory. Alimony rulings are not based on the status of the father (male) or the…
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Artikel Jurnal
Strengthening Awareness of Islamic Family Law Through Community-Based Education in Contemporary Era: A Study of the Yasin Nurul Hidayah Congregation, Kediri
Purpose – This study aims to examine how community-based education initiatives can raise awareness of Islamic family law regarding gender roles, rights and obligations, and domestic relationships among the congregation of Yasin Nurul Hidayah in Kediri. Methods – The research used a Community-Based…
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Artikel Jurnal
Integrating Islamic Family Law and Gender Equality: A Comparative Study of Legal Reform and Social Norms in Contemporary Indonesia and Morocco
Purpose - This study analyzes how the reform of the Islamic family law framework in Indonesia and Morocco interprets and accommodates gender equality values in their respective socio-legal contexts. Method – This study uses qualitative methods and literature analysis. The main sources include the…
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Artikel Jurnal
Reconstructing Gender Roles in Contemporary Muslim Families: Islamic Family Law Analysis in the Role of Wives as Online Motorcycle Taxi Drivers
Purpose – This study aims to analyze the role of wives as online motorcycle taxi drivers in helping to meet household needs using the framework of contemporary Islamic family law. Methods – Field studies were conducted in this study with a socio-legal approach. Data was collected through interviews…
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Artikel Jurnal
Mapping Islamic Legal Discourses on Domestic Violence: Media Representation and the Dynamics of Contemporary Muslim Family Law
Purpose – This study aims to analyze the legal opinions of Instagram users regarding domestic violence (DV) in Muslim families. The study focuses on how elite figures such as religious leaders, politicians, and influencers express their legal opinions on social media, as well as how these opinions…
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Artikel Jurnal
The Status of Pre-Islamic Arab Women: Reform and the Challenge of Fulfilling Women's Rights in Contemporary Islamic Family Law Practice
Purpose - This study aims to analyze the social status of Arab women during the Jahiliyyah period, within the context of the patriarchal social system that dominated Arab society at that time, and to evaluate how these conditions influenced the development of contemporary Islamic family law…
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Artikel Jurnal
Cryptocurrency Investment as a Marriage Dowry: An Analysis of Contemporary Islamic Family Law
Purpose - This study aims to examine the validity of using cryptocurrency as dowry in marriage based on contemporary Islamic law and positive law in Indonesia. The phenomenon of giving dowry in the form of digital assets such as Bitcoin, Ethereum, and USDT has sparked debate in contemporary Islamic…