Syariahku: Jurnal Hukum Keluarga Islam

Glorifikasi Tren Nikah Muda dalam Perspektif Hukum Islam dan Hukum Positif di Indonesia

Ashfiya Fiya — Mon, 30 Jun 2025 00:00:00 +0700

The research contains the phenomenon of young marriage which is becoming a trend among Indonesian teenagers today. The aim of this research is to reconstruct the meaning of marriage and analyze the trend of young marriages from the perspective of Islamic law and positive law in Indonesia. The type of research used is normative-empirical with a qualitative approach. Data was obtained from two sources; First, primary data was obtained through observations on several da'wah social media accounts. Second, secondary data was obtained through several relevant books, journals and references. The results of the research reveal that in Islamic law there is no explicit prohibition from the Koran, hadith, or the opinion of the majority of ulama on young marriage as long as it provides benefits for the people. Meanwhile, positive law in Indonesia emphasizes the prohibition of marriage for prospective husbands and wives who have not met the marriage age requirements as stipulated in the applicable law, as stated in the Marriage Law Number 16 of 2019 which states that marriage can take place if they have reached the age of 19 years, either both women and men.

Keywords : Young Marriage; Islamic Law; Constitution

PENENTUAN RUKYAT HILAL 1446H KEMENAG DAN MAHASISWA UIN AL-AZHAAR LUBUKLINGGAU

Zulkipli Lessy — Mon, 30 Jun 2025 00:00:00 +0700

This research examines an empirical study of the participation of the Ministry of Religious Affairs (Kemenag) of Lubuklinggau City and students of Universitas Islam Nusantara (UIN) Al-Azhaar Lubuklinggau in the rukyat hilal (crescent moon observation) determination for the year 1446 Hijri. Focusing on the dynamics of collaboration, differences, and commonalities between the two parties, this study aims to describe in detail the procedures and respective roles in the execution of hilal observation. Utilizing a descriptive qualitative approach, data was collected through direct observation at strategic rukyat locations like Bukit Sulap, in-depth interviews with representatives from Kemenag and UIN faculty/students, and the study of official documentation. The research findings indicate that Kemenag Lubuklinggau City carries out rukyat procedures in accordance with official mandates and national guidelines, using standard equipment and reporting its results for the Sidang Isbat (official crescent moon sighting deliberation). Students of UIN Al-Azhaar Lubuklinggau participate as an integral part of academic practice and the regeneration process for falak (Islamic astronomy) experts, with a focus on empirical learning and the application of theory in the field. Further analysis reveals a positive synergy between Kemenag and the students, where Kemenag provides practical guidance and the students bring an academic enthusiasm. Although there are differences in official mandates, equipment completeness, and experience levels, both parties are united by the same spiritual goal to accurately determine the beginning of the Hijri month. This collaboration not only strengthens the validity of rukyat results at the local level but also contributes to the development of falak science and the nurturing of future Islamic astronomy experts in Lubuklinggau.

REINTERPRETASI FIKIH DAN DINAMIKA HUKUM POSITIF: TINJAUAN KOMPARATIF BATAS USIA PERKAWINAN DI INDONESIA DAN MESIR

Diana Sari — Mon, 30 Jun 2025 00:00:00 +0700

This research comparatively analyzes the issue of child marriage from the perspective of positive law in Indonesia and Egypt, while re-examining the views of Islamic fiqh. Although classical fiqh texts do not explicitly limit the age of marriage, contemporary studies indicate that child marriage causes significant harm (madharat), which contradicts the principle of maqasid syariah (objectives of Islamic law) that prioritizes welfare and harm prevention. In Indonesia, Law Number 16 of 2019 raised the minimum age for marriage to 19 years for both men and women. In Egypt, initial regulations set the marriage age at 18 for men and 16 for women, though amendments have been made. However, the effectiveness of regulations in both countries remains questionable. In Egypt, legal sanctions haven't fully deterred illegal marriage practices, including "tourism marriage" and customary marriages, often through document manipulation. In Indonesia, an increase in requests for marriage dispensations at Religious Courts reveals a loophole in the legal system that lessens the positive impact of raising the minimum age. This study concludes that despite legislative efforts to prevent child marriage, its implementation faces complex challenges rooted in social, cultural, economic, and legal interpretative factors. Stronger law enforcement and comprehensive educational initiatives are necessary to raise public awareness about the importance of adhering to the minimum marriage age. This will ultimately promote welfare and prevent the harms caused by child marriage.

KAJIAN PERAN PEREMPUAN DALAM HUKUM WARIS ISLAM: PERSPEKTIF KEADILAN GENDER

Septia Novarisa risa — Mon, 30 Jun 2025 00:00:00 +0700

This study examines the role of women in Islamic inheritance law from the perspective of gender justice. In Islamic law, inheritance distribution is regulated in the Qur'an and hadith with specific provisions, including the rule that women's inheritance shares are often smaller than men's. This has sparked debates among academics and human rights activists, particularly regarding equality and gender justice. This study employs a juridical-normative approach by analyzing classical and contemporary Islamic legal sources. Additionally, it considers the social and cultural perspectives that influence the application of inheritance law in various Muslim countries. The findings indicate that, in some cases, the interpretation of Islamic inheritance law tends to favor men due to a textual approach in understanding inheritance verses. However, some contemporary scholars attempt to reinterpret inheritance law through the maqashid shariah approach to better reflect justice principles in a changing social context. The conclusion of this study is that Islamic inheritance law does not inherently contradict gender justice principles if interpreted contextually. Therefore, a more equitable and socially relevant reformulation of Islamic inheritance law is needed without neglecting sharia principles. This study is expected to contribute to a more inclusive and responsive discourse on Islamic law in the modern era.

ANALISIS PENERAPAN PERMA NOMOR 1 TAHUN 2016: PERAN KUASA HUKUM DALAM EFEKTIVITAS PROSES MEDIASI DI PENGADILAN

Agus Mukmin — Mon, 30 Jun 2025 00:00:00 +0700

This article examines the dynamics of mediation processes in courts, focusing on the role of legal counsel and its relevance within the framework of Islamic Law. The research reveals that in some cases, mediation processes were still accompanied by legal counsel even when both principal parties were present. The findings also indicate that the role of legal counsel can align with the principles of Islamic Law. This study aims to analyze the implementation of mediation processes in several District Courts (PN) in East Java and to identify the role of legal counsel in mediation according to Islamic Law. The research employs a normative-empirical methodology with a qualitative approach. Primary data were collected through interviews. The study yielded two main findings: First, the implementation of mediation in several District Courts in East Java has not fully achieved legal certainty as conceptualized by Gustav Radbruch. Second, the mechanism of dispute resolution through mediation, with the involvement of legal counsel, is consistent with the concepts of Islamic Law.

PENGARUH MODERNISASI TERHADAP PRAKTIK MAHAR DALAM MASYARAKAT

Muhammad Khalil — Mon, 30 Jun 2025 00:00:00 +0700

Mahr is something that must be given by the husband to the wife in marriage, according to the view of the majority of scholars. Mahr is not a form of buying and selling, but a symbol of respect, love, and the husband’s commitment to his wife. Giving mahr is one of the obligations in marriage that holds significant meaning in the relationship between husband and wife. Although the Qur’an does not explicitly mention a specific amount for the mahr, it clarifies that mahr should be given in a good manner and according to the husband’s ability. Therefore, the amount of mahr can vary depending on the circumstances of each couple and the existing cultural practices. This article examines how modernization has influenced dowry practices in various societies around the world. Dowry, as a gift from men to women during the marriage process, has experienced significant changes due to developments in technology, economics, education, as well as socio-cultural changes that have come with modernization. Through a literature review of various empirical studies in various parts of the world, this article identifies changes in the form, value, meaning and function of dowry in contemporary society. The results of the study show that modernization has produced dowry practices that are more diverse, dynamic and contextual, although this does not always eliminate its cultural essence. Understanding changes in dowry practices is important to obtain a more comprehensive picture of the transformation of the institution of marriage and gender relations in modern society.