Asasi: Journal of Islamic Family Law is a peer-reviewed academic journal dedicated to advancing scholarly discourse in the field of Islamic Family Law. The journal focuses on publishing original research articles that critically examine classical and contemporary issues within Islamic legal traditions, particularly in the areas of marriage, divorce, inheritance, guardianship, gender justice, and child protection. Asasi serves as a scholarly platform for academics, researchers, practitioners, and policymakers to explore and disseminate ideas that contribute to the understanding and development of Islamic Family Law in various socio-cultural and legal contexts, especially in Indonesia and the wider Muslim world. It welcomes submissions that demonstrate rigorous methodology, critical analysis, and relevance to contemporary debates in Islamic legal thought and practice. The journal is published biannually in April and October by the Islamic Family Law Study Program, Institut Agama Islam Miftahul Ulum Pamekasan, Indonesia. All submitted manuscripts undergo a double-blind peer review process to ensure academic quality and integrity. Asasi is published in open access format, ensuring free and global availability of its content to the academic community and the public.
Prodi Hukum Keluarga Islam Institut Agama Islam MIftahul Ulum Pamekasan
Perkawinan Anak dalam Perspektif Sosiologi Hukum Islam
This study examines the phenomenon of child marriage practiced among various social groups in Pakong Village through the lens of the sociology of Islamic law, an issue that has not previously been explored with Pakong as its research locus. The research employs a sociological approach to Islamic law in order to analyze the reciprocal relationship between social transformation and Islamic legal norms within the community. Data were collected through interviews and literature reviews, and analyzed using Berger and Luckmann’s theory of social construction along with functionalist theory in the sociology of law. The findings indicate that child marriage in Pakong Village is perceived as a cultural tradition and social heritage transmitted across generations, fundamentally grounded in religious norms, and that marriage at the age of 16 to 18 is considered socially acceptable. The persistence of this practice is sustained by religious justifications and the community’s belief that such cultural traditions do not constitute a social or moral problem.
Copyright (c) 2025 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
Konsep Ishlāh dan Keadilan Restoratif serta Batasan Penerapannya dalam Penyelesaian Perkara KDRT
Domestic Violence (DV) offenses present unique challenges due to the intimate nature of the relationship between the perpetrator and the victim. Modern legal trends increasingly favor Restorative Justice as a means of restoration, a concept that resonates with Ishlāh in Islamic law. However, applying Restorative Justice without strict parameters risks perpetuating violence and neglecting the rights of female victims. This study aims to analyze the conceptual convergence between Ishlāh and Restorative Justice, and to formulate the boundaries of their application in resolving DV cases. This is a normative legal study employing statutory and comparative approaches, analyzed qualitatively. The findings indicate that the intersection of these two concepts lies in the vision of restoration (restitutio in integrum) and the preservation of the family institution (hifz an-nasl), utilizing mediation mechanisms akin to the role of a hakam. However, its application is strictly constrained by Maqashid Syariah principles, specifically by prioritizing the preservation of life (hifz an-nafs) over the preservation of the family unit. Amicable settlement is permissible for minor physical violence classified as complaint-based offenses, psychological violence, and economic neglect, serving as an educational form of ta'zir. Conversely, reconciliation is strictly prohibited in cases of severe physical violence, death, sexual violence, and recidivism, as these constitute ordinary offenses (gewone delict) and violate the fundamental principle of preserving life.
Revitalisasi Peran Tokoh Agama dalam Distribusi Zakat Harta Perspektif Hukum Islam dan Dinamika Sosial Kontemporer
This study examines how religious leaders in Sentol Daya Village play a central role in the distribution of zakat assets within a socio-religious configuration that remains deeply reliant on their moral and spiritual authority. The main question explored concerns the patterns, mechanisms, and forms of social legitimacy that shape the role of religious leaders in zakat management, as well as how the challenges and opportunities for strengthening this role are understood within the framework of contemporary Islamic law. The study positions itself as an empirical normative analysis that integrates field findings with the islamic law framework and recent scholarship on zakat governance. The discussion develops through an in-depth analysis of zakat distribution practices grounded in social relations, trust, and religious patronage, alongside an evaluation of structural constraints such as limited institutional capacity, the absence of formal governance mechanisms, and local economic dynamics. The main findings indicate that the role of religious leaders remains pivotal due to their strong social legitimacy, yet requires enhanced capacity, transparency, and institutional integration to align more effectively with the demands of modern zakat governance and the broader goals of social justice in Islamic law.
Fenomena Mahar : Antara Gengsi, Sensasi, Dan Fatalistis
Every human being, male or female, according to the sunnatulah (fitrah) desires marriage between the two of them, and no one wants to live alone, unless there are sharia reasons that prevent them from getting married. In every marriage procession, it is ensured that there is a dowry that must be given by the man to the woman as respect, appreciation and proof of the existence of love between two people of different genders with the aim of building a new household (family). Dowry is the pure right of a woman who becomes the wife of a man when a marriage contract takes place between the two. Allah through QS. Al-Nisa: 4 and 24 instructs every man to give a dowry to the woman he marries. The type and level of dowry is not the same between one man and another. Because there are no definite provisions, a phenomenon has emerged among society, including Muslim communities, as if they are competing to give dowries to their wives in fantastic amounts and values. In Indonesia, there was the tragic case of a young man in East Nusa Tenggara committing suicide because he couldn't afford the 250 million rupiah dowry demanded by the bride's family. Several marriages with expensive dowries have also occurred, such as those between Syahrini and Rieno Barack, Bela Luan and Eko Hadi Prayitno, and Lesti Kejora and Rizky Billar. The most recent case involved the dowry offered by Sutarman and Sheila Arika's grandfather for Rp 3 billion, which turned out to be a bad check. As a result, some men and women postpone or even refuse to get married because the dowry is expensive. This article was written in order to reveal Islamic views regarding the ins and outs of dowry and the phenomena that lead and encourage certain individuals or groups of people to give expensive and fantastic amounts of dowry for their marriage. This work originates from literature studies in the Islamic scientific treasury.
Perspektif Hukum Islam Tentang Perempuan Yang Tidak Menjalani Masa Iddah Pasca Perceraian Di Desa Pasanggar Kecamatan Pegantenan Kabupaten Pamekasan
In Islamic teachings, divorce is an act that is permissible yet disliked, accompanied by the obligation for women to observe the iddah period following separation. However, modern social dynamics demonstrate a growing tendency to reject this obligation, particularly among women. This study aims to analyze women’s understanding of the implementation of iddah, identify the factors underlying non-compliance with this obligation, and examine this phenomenon from the perspective of Islamic law. The research focuses on women in Pasanggar Village, Pegantenan District, Pamekasan Regency. This study employs a qualitative approach with an empirical legal research design (field research). Data collection techniques include interviews to explore women’s understanding and reasons for not observing iddah, observations to examine social factors and the community’s level of awareness regarding iddah practices, and documentation to complement data obtained from interviews and observations. The findings indicate that most women in Pasanggar Village possess a good understanding of the obligation to observe iddah, including its duration and procedural regulations. However, some women do not fully comply with the iddah period or only observe it briefly. Contributing factors include economic demands, work contracts, the absence of iddah maintenanc.
Penerbitan Kartu Keluarga Bagi Pasangan Nikah Siri Perspektif Gender dan Hukum Perkawinan di Indonesia
This study aims to determine how family cards are issued to unregistered married couples, as well as to analyze gender and marriage laws in Indonesia regarding the issuance of family cards to unregistered married couples. In this study, the author uses a normative legal research method, with a statute approach. The legal material analysis used is descriptive analysis, followed by an evaluation of the contents of the articles in the Permendagri. The final step is a systematic interpretation of these articles. The findings of this study are as follows: first, the issuance of a family card for unregistered married couples only requires the attachment of an SPTJM and statements from two witnesses as a substitute for a marriage certificate/marriage certificate excerpt, as stipulated in Article 5 paragraph (2) letter b of the Minister of Home Affairs Regulation No. 109 of 2019 concerning forms and books used in population administration. Second, the issuance of family cards to unregistered married couples is considered a violation of Indonesian marriage law, as Article 2 paragraph (2) of the Indonesian Marriage Law stipulates that every marriage must be registered in accordance with applicable regulations. From a gender perspective, the issuance of family cards to unregistered married couples is considered detrimental to women and children, as it creates legal uncertainty for women. Even if unregistered married couples have family cards, these documents cannot be used as authentic proof of their marriage. If legal problems arise, women will lose their civil rights and cannot seek justice. Furthermore, if domestic violence occurs, the Law on the Elimination of Domestic Violence (PKDRT Law) cannot be enforced
Analisis Metode Penetapan Hukum Perceraian Di Pakistan Perspektif Tahir Mahmood
This study aims to analyze the methods of divorce law formulation in Pakistan, focusing on the development of family law within the context of Muslim society. As a predominantly Muslim country, Pakistan faces challenges in formulating laws that align with Islamic principles while addressing the social needs of its people. This research examines the historical background of divorce law formation, including the influence of the Hanafi school of thought and reforms introduced through the Dissolution of Muslim Marriages Act of 1939 and the Muslim Family Law Ordinance (MFLO) of 1961. By analyzing the law-making process, the study identifies ongoing debates between conservative and modernist groups in shaping laws that are just for women. The research employs a literature review and legal document analysis as its methodology. The findings reveal that although the MFLO 1961 grants women the right to divorce, social stigma surrounding divorce remains strong, particularly in rural communities. The study also finds that two legal reform methods have been utilized—Intra-Doctrinal Reform and Extra-Doctrinal Reform—reflecting efforts to accommodate societal needs while adhering to Islamic principles. With the rising divorce rate in Pakistan, the study emphasizes the importance of legal awareness and public education in combating stigma and enhancing understanding of women's rights in the context of divorce.
Copyright (c) 2024 Asasi: Journal of Islamic Family Law https://creativecommons.org/licenses/by-sa/4.0
Konsep Keluarga Sakinah Abdi Negara Perspektif Mubadalah (Studi Kasus Condong Kecamatan Gadng Kabupaten Probolinggo)
This study is based on couples who undergo long distance marriage. Longdistance marriage One phenomenon shows a situation where couples are physically separated. While your partner is at home. This phenomenon is common in Indonesia, especially in the village of Condong, Gading District, Probolinggo Regency, including couples who are married to a Civil Servant. The purpose of this study is to study and describe aspects of interpersonal and family communication patterns used in civil servant families, as well as the rules and distribution of roles that occur in the television margin, as well as aspects of interpersonal and family communication patterns. The research method used is a descriptive research method with a qualitative approach. Constructivism paradigm and interpersonal communication theory. Through data recording methods, namely interviews and documentation. As far as the subjects of this study are concerned, couples from families in the civil servant area who are currently telegraphing or experienced. Not living with a partner for at least 1 year totaling 3 couples, and taking informants using purposive sampling. The results show that interpersonal communication among family members is effective despite long-distance physical separation. Despite the separation from her husband, this couple can prove that the commitment, goals, and communication patterns they have in their family life can maintain this family's interpersonal relationship to remain harmonious. Existing communication can build family intimacy and intimacy. Effective communication in interpersonal relationships can promote aspects of communication such as (a) openness (b) Empathy; (c) Support (d) Positive posture (e) Family equality The family communication patterns that emerge in long-distance marriages use multidimensional and reciprocal patterns.
Keadilan Gender dalam Hukum Waris Islam (Studi Komparatif antara Hukum Waris Faraid dan Prinsip Kesetaraan Gender di Era Modern)
This study explores gender justice within the framework of Islamic inheritance law, focusing on a comparative analysis between the faraid system and modern principles of gender equality. The faraid system, as a classical Islamic legal framework, strictly regulates inheritance distribution, including gender-based differences in shares. In contrast, the principle of gender equality demands equal treatment of men and women in all aspects of life, including inheritance rights. This research aims to examine how faraid can be contextually interpreted to achieve substantive justice for women while upholding the core principles of Islamic law. Using a qualitative approach and comparative analysis, the study finds that there is room for ijtihad in the application of Islamic inheritance law, allowing for a balance between normative Islamic justice and contemporary demands for gender equality.
Childfree dalam Perkawinan: Tinjauan Kritis dalam Perspektif Maqashid Syariah
The phenomenon of childfree marriage has become an important issue in social and religious discourse, particularly in the context of Islam. This study examines the concept of childfree marriage from the perspective of Maqashid Syariah, focusing on hifz an-nasl (protection of lineage) and the concept of maslahah (benefit) in Islamic law. The findings indicate that childfree has developed as a social phenomenon influenced by various cultural and individual factors. From the perspective of Maqashid Syariah, having children is classified as dharuriyyat (a fundamental necessity) to ensure the continuity of future generations. The decision to be childfree in marriage may be justified if it is based on maslahah dharuriyyat, such as health risks or difficult social conditions. However, if the decision is solely driven by hajiyat or tahsiniyat considerations, such as career priorities, personal freedom, or concerns about physical appearance, it may conflict with Islamic legal objectives. This study also identifies three main factors influencing the decision to be childfree in marriage. First, medical and mental health factors, including maternal health risks, psychological disorders, and past trauma, which relate to hifz an-nafs (protection of life). Second, economic factors, such as financial instability and high living costs, which are linked to hifz al-maal (protection of wealth). Third, personal factors, including career ambitions, lifestyle preferences, and beauty standards, which influence hifz al-din (protection of religion) and hifz al-aql (protection of intellect). Therefore, the decision to be childfree in marriage is not merely a personal preference but must also be evaluated within the framework of Maqashid Syariah to ensure alignment with Islamic values. This study suggests further research on the social and religious implications of this phenomenon and encourages scholars and academics to provide legal and ethical guidance for couples considering a childfree marriage
Identitas Anak di Luar Nikah Menurut Permendagri No. 9 Tahun 2016 Tentang Percepatan Akta Kelahiran di Kabupaten Mojokerto
This document examines the legal identity of children born out of wedlock through the perspectives of Islamic law, the Civil Code, and the regulations in Minister of Home Affairs Regulation No. 9 of 2016. The study uses a qualitative literature review approach to understand the legal challenges faced by children born out of wedlock in Indonesia. Under Islamic law, children born out of wedlock do not have a legal relationship with their biological fathers and only have a civil connection to their mothers. This impacts certain rights, such as inheritance, which are limited for these children. Data from the Population and Civil Registration Office (Dukcapil) in Mojokerto shows that in 2023, 362 children were recorded as born out of wedlock, highlighting the need for greater attention to legal recognition and protection of these children’s rights in both civil law and other areas. The study also highlights the important role of Regulation No. 9 of 2016, which aims to speed up the issuance of birth certificates for all children, including those born out of wedlock, as a progressive step toward ensuring their civil rights. With the rising number of children born out of wedlock, public awareness of children’s rights and the need for proper legal recognition should be continuously increased. This research seeks to provide a deeper understanding of the rights of children born out of wedlock, the legal challenges they face in obtaining fair legal recognition, and the importance of regulatory support to ensure their civil rights are fully protected.
Perhitungan Bulan Dan Tanggal Baik Dalam Menentukan Pernikahan Bagi Masyarakat Pagendingan Galis Pamekasan
There are two main problems in this research. First, how to determine a good month and date for marriage according to the Pagendingan people. Second, the views of the Pagendingan people in determining good months and dates for marriage. This research uses a qualitative approach. The results of this research show that according to the Pagendingan community, to determine the month and date of a good wedding, they use nafi' knowledge and are based on the values ​​of Islamic teachings. According to the views of the Pagendingan community regarding determining good months and dates in marriage, there are various views, some recommend following weton, some say, weton petangan (calculation) is not recommended, all days and dates are good, but there are certain days that are considered the best. If someone already believes in weton calculations, then they should pay close attention to it with the aim of hoping for goodness from Allah SWT for what they have done.
Asas Kepastian Hukum atas Perkara Pengangkatan Anak di Pengadilan Agama
The Religious Court has the authority to examine, decide and resolve child adoption cases for people who are Muslim. This authority is regulated in Article 49 letter a number 20 of Law Number 3 of 2006 concerning Amendments to Law Number 7 concerning Religious Courts. In carrying out its authority, the Religious Court is based on the principle of Islamic personality, so ideally a person who is Muslim and wishes to apply for an adopted child should apply to the Religious Court. However, in reality the majority, including Muslims, submitted their petition to the District Court. The problem is, the District Court in deciding cases regarding applications for adopted children is based on customary law or Western law (BW), which in fact is different from Islamic law. The implications of adopting a child through the District Court will give rise to problems in the future, especially in inheritance issues, for example disputes between adopted children and other heirs
Penolakan Mahar Pecahan Nominal Sesuai Tanggal Tertentu Di KUA Kecamatan Bojonegoro Perspektif Hukum Islam
Dowry is a mandatory gift from a man to a woman after performing a marriage contract. The determination of dowry is often based on symbolic aspects such as adjusting the dowry to a certain nominal fraction according to the wedding date or other dates that are considered sacred. This phenomenon triggered the Marriage Registrar at the Bojonegoro Religious Affairs Office to reject the dowry on the grounds that the dowry with a certain nominal fraction contained elements of waste and futility. This attracts researchers to study and study more deeply the analysis of Islamic law on the rejection of nominal fractional dowry according to a certain date at the Bojonegoro Religious Affairs Office (KUA). The results of this study show that the reason why the Marriage Registrar (VAT) of KUA Bojonegoro refused, is because in the dowry there is a nominal fraction that has no value and has no benefit so that it seems to be symbolic. In addition, how to get the nominal denomination money by buying and selling that contains elements of usury. In addition, the acquisition of the dowry is considered difficult. The refusal made can be punished as mubah (permissible) according to Islamic Law because in its practice in the dowry there are fractions that are not valuable and useful and contain riba so that they do not meet the valid conditions for dowry that have been explained in Islamic Law.
Dampak Tradisi Meupahukh Terhadap Perkawinan Dibawah Umur dalam Masyarakat Suku Alas di Aceh Tenggara
This study aims to analyze the practice of mepahukh tradition in the Alas tribal community as a process of finding a mate for young people and young women of the Alas tribe who have an impact on child marriage. In this study the author uses a type of field research (field research) and is qualitative research. Through the approach of sociology of Islamic law, the author tries to examine the impact of the traditional practice of mepahukh child marriage in the Alas tribal community. As for this study, there are also two types of data sources used by the author, namely primary data and secondary data. The results showed that the practice of Meupahukh tradition in the Alas tribal community, especially in Alur Buluh Village, Bukit Tusam District, Southeast Aceh Regency, had an impact on child marriage. As through social construction theory, Peter Berger and Thomas Luckman see society as a process that takes place in three dialectical moments at once, namely externalization, the impact of Meupahukh tradition on underage marriage occurred because there was no policy from the government, neither local regulations nor policies from the Aceh customary council that regulated the minimum age of marriage. Objectification, assuming that marriage is an easy thing and as a way to get out of the village or area where they live and economic factors. Internalization, there is no age limit for young men and women to follow the procession of the Meupahukh tradition even this tradition is also followed by children who are still in elementary school. The involvement of children in the Meupahukh tradition can certainly encourage underage marriage.
Nikah Beda Agama dan Dampaknya Terhadap Psikologi Anak Perspektif Maqashid al-Syari’ah
This research explores the psychological impact of interfaith marriages on children in the Tapal Kuda area of East Java. Children from interfaith marriages only have multicultural awareness. However, it also has an impact on children's psychology. In this context, children often feel trapped between two different belief systems resulting from interfaith marriages, which can cause confusion and stress. Different beliefs and beliefs give children choices, which, of course, make children psychologically stressed by following one of them's beliefs. Pressure to choose one religion over another or to meet the expectations of both parents can cause significant internal conflict. This study uses a qualitative approach with case studies. The results show that these children show strong multicultural awareness but also experience significant challenges related to religious identity and mental health. Social pressure and confusion regarding religious identity often trigger their emotional instability, leading to feelings of anxiety, stress, and lack of self-confidence, ultimately affecting their mental health. Therefore, an inclusive approach is needed from families, communities, and educational institutions to support their mental health. This view is consistent with the principles of Maqashid al-Syari’ah, especially regarding protecting one's nasab (hifz an-nasl), protecting the soul (hifz al-nafs), and protecting religion (hifz al-din).
Konsep Maslahah dalam Metodologi Tarjih Muhammadiyah
This article aims to analyze how the concept of maslahah is applied in the tarjih methodology in the Muhammadiyah tarjih council. There are three reasons why this research is important. First, Maslahah is a concept pioneered by ushul scholars, and its existence in the methodology of Islamic law istinbath many accept but also not a few who reject it as an epistemology of Islamic law. Second, Muhammadiyah as an Islamic-based community organization is one of the organizations engaged in da'wah, and has a Tarjih assembly as a forum tasked with studying and producing Islamic law in the form of tarjih decisions and fatwas. Third, through the Tarjih Assembly, which plays a role in issuing Tarjih decisions or fatwas on Islamic law, it does not escape using various Islamic legal methodologies used in the assembly. The results of this study show that the Muhammadiyah tarjih council uses maslahah considerations in legalizing certain problems. While the methods used in achieving maslahah include Qiyas, Istihsan, Maslahah Mursalah and saddu al-dzariat.
Perjanjian Perkawinan Dalam Konsep Maqashid asy-Syari’ah
A marriage agreement is an agreement made between a husband and wife when they are still married. Marriage agreements aim to protect the rights of each party and minimize conflict between husband and wife. However, on the other hand, there is a negative stigma that marriage agreements are considered taboo, unethical and full of individualistic and materialistic attitudes. Therefore, it is necessary to clearly understand the nature of the marriage agreement itself. This research aims to analyze the sociological basis and examine marriage agreements from the perspective of Maqashid Syari'ah. This research uses the Mashlahah theory. The research method used is normative juridical analysis, with data collection techniques through the study of documents, books, articles, magazines and dictionaries, then using the following techniques: analysis techniques, especially data simplification and data presentation and finally conclusions. The results of the first research show that the sociological basis of marriage agreements lies in the need for regulations that allow husband and wife to sign agreements as a step to minimize conflict between the two of them. Second, the marriage contract is in accordance with the principles of maqashid sharia, namely religious protection, soul protection, spiritual protection, property protection and child protection.
Analisis Urf Terhadap Tradisi Pecotan Dalam Walimatul ‘Urs Di Kecamatan Kotaanyar Kabupaten Probolinggo Provinsi Jawa Timur
The majority of people in Kotaanyar Regency use the pecotan tradition as a medium of invitation in carrying out walimatul 'urs to invite people to attend and donate in return in the form of money or goods. However, in the current situation, people continue to preserve the pecotan tradition, even though some people feel forced to do it. This is interesting for researchers to study and examine more deeply the status of the Pecotan Tradition using the 'urf analysis approach on walimatul 'urs in Kotaanyar District, Probolinggo Regency, East Java Province. The results of this research indicate that the status of the Pecotan Tradition using the 'urf analysis approach in walimatul 'urs has fulfilled the requirements to become a tradition ('urf) and is in accordance with the law. So it can be implemented in social life because it has a good goal by helping each other between communities when implementing Walimah al-'urs.
Peran KUA dan Penyuluh Agama untuk Mencegah Kekerasan Emosional (Toxic Relationship) Rumah Tangga Muslim di Kecamatan Maesan Bondowoso
Domestic emotional violence (toxic relationships) is a phenomenon that threatens the resilience of Muslim families, especially in Maesan District, Bondowoso, along with the weak understanding of couples regarding the rights and obligations of marriage. This study aims to identify the active role of the KUA and religious counselors in preventing emotional violence and to analyze the educational strategies used. The study used a descriptive qualitative approach. The results showed that emotional violence in Muslim households in Maesan District forms a complex and layered pattern of toxic relationships. The three primary forms of violence identified—insults, slander, and digital surveillance—damage self-esteem and household stability and violate the principles of maqāṣid al-syarī’ah, such as protecting life, honor, and freedom. In this context, the role of the KUA and religious counselors is vital in building family resilience through a preventive approach based on Islamic values. The strategies implemented include the integration of Islamic values ​​in premarital guidance, early detection through the community, and increasing counselors' capacity as family counselors. However, the program's implementation still faces budget constraints, low participant participation, and a culture of reluctance to open up about household problems. This study recommends that optimization is needed through a holistic approach that combines religious values ​​and modern psychology, accompanied by strengthening education and socialization so that prevention of emotional violence in the household can run more effectively and sustainably.
Emotional Violence and Toxic Relationships
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Peran Dinas Pemberdayaan Perempuan dan Perlindungan Anak (DPPA) Terkait Perlindungan Hukum Bagi Istri dalam Kasus KDRT di Probolinggo Perspektif Hukum Islam
In the context of Probolinggo society, various domestic violence cases are often not revealed or resolved properly. Many factors cause this to happen, including the victim's shame in reporting, pressure from the surrounding environment, and the public's lack of understanding regarding the legal rights that victims have. The purpose of this writing is to describe the role of the Women's Empowerment and Child Protection Service (DPPA) in legal protection for wives of victims of domestic violence and from the perspective of Islamic law. This research uses descriptive qualitative research with a case study approach. The result of this discussion is that the DPPA has a very important role in providing protection to victims of domestic violence (KDRT). Likewise, Islamic law pays great attention to protecting the rights of wives. Verses in the Koran such as QS. An-Nisa: 19 emphasizes the importance of being kind to your wife. The Prophet stated that the best husband is the one who treats his wife the best, which shows that the relationship between husband and wife in Islam must be based on mutual respect and affection.
Legal Protection in Domestic Violence Cases
Islamic Legal Views on Domestic Violence
Akibat Hukum Putusan Verstek Dalam Perkara Cerai Gugat di Pengadilan Agama
One of the last options for a wife in the event of domestic incapacity and dispute is the option of verstek. These continuous quarrels can cause uncertainty and misery for the husband or wife. This contested divorce is based on a lawsuit that has been filed by the wife. Cases that have been decided by verstek are considered to have been formally and materially completed. So the losing defendant cannot re-file the case, except to file a resistance called verzet. The evidentiary process in a verstek case is not only a formal requirement, but is also regulated in Article 164 HIR regarding evidence. The verstek verdict in this divorce case can cause a delay in the 'iddah period for the wife, because the 'iddah period is calculated from the fall of the divorce. There are also other consequences that accompany the verstek verdict in the case of a contested divorce which has become a unity of procedural legal formalities that accompany the verstek verdict in a contested divorce case.
Pengaruh Media Sosial Terhadap Keharmonisan Rumah Tangga di Desa Toto Mulyo Kecamatan Way Bungur Kabupaten Lampung Timur
The advancement of digital technology has led to the emergence of various social networking platforms that have become an integral part of modern society. Social media serves not only as a modern communication tool but also influences various aspects of life, including household relationships. This study aims to explore the impact of social media usage on family harmony in Toto Mulyo Village, Way Bungur Sub-district, East Lampung Regency. The research was conducted in Dusun III of the village using a quantitative approach, with local residents serving as the study population. Data was collected through questionnaires and analyzed using statistical methods. The results show that social media usage has a significant effect on family harmony. This is evidenced by the t-value of 14.569, which is greater than the critical t-table value of 1.661, and a significance level of 0.000, which is less than 0.05. These findings indicate a strong relationship between the intensity of social media use and the level of harmony within households. The influence was found to be 68.8%, demonstrating that social media plays a substantial role in shaping family dynamics in the studied area. Therefore, it is essential for individuals to use social media wisely to maintain family harmony and avoid potential negative impacts of the digital world.
Upaya Mengatasi Tindak Kekerasan Dalam Rumah Tangga Perspektif Hukum Islam (Studi Kasus Di Desa Rejomulyo Kec. Jati Agung Kab. Lampung Selatan)
This study aims to examine Islamic law's efforts in addressing domestic violence (KDRT). The focus of this research is to analyze how Islamic law provides guidance and solutions in handling KDRT through a comprehensive approach. The method used is field research with observation, interviews, and documentation. Data is obtained from interviews with victims, perpetrators, families, religious figures, and local law enforcement. The analysis is conducted using a sociological normative approach that combines Islamic law and the social context of the community. The results show that Islamic law teaches that marriage should be based on love, mutual respect, and justice between husband and wife. Islam prohibits all forms of domestic violence and emphasizes the importance of good communication, patience, and wisdom in resolving conflicts. If KDRT occurs, Islam offers solutions through reprimand, mediation, and divorce if necessary. Furthermore, Islam also emphasizes the prevention of KDRT through religious education, good communication, and the fulfillment of the rights of both husband and wife, with a focus on protecting the economic, psychological, and physical rights of partners. With a wise approach, good religious education, and mutual understanding, Islam provides a comprehensive solution in preventing and addressing KDRT in society.
Relasi Suami Istri Dalam Mewujudkan Resiliensi Keluarga Studi Kasus Suami Narapidana Di Lapas Narkotika Bandar Lampung
This article explores the unique challenges faced by incarcerated husbands who, despite serving their sentences, still bear responsibilities toward their wives and children. The study examines the dynamics of husband-wife relationships in maintaining family resilience among prisoners at the Bandar Lampung Narcotics Prison. Using a qualitative research approach with a case study method, the study was conducted within the prison setting. Data collection involved primary sources, such as interviews with various witnesses, complemented by secondary and tertiary sources. The data collection methods in this study include observation, surveys, documentation, and direct accounts from individuals whose rights have been violated. Meanwhile, data analysis methods involve data reduction, presentation, and verification. The study highlights that the relationship between incarcerated husbands and their wives in fostering family resilience at the Bandar Lampung Narcotics Prison is built on mutual support. These couples strengthen each other, maintain their commitment to the marriage, and hold onto the belief that their current hardship is temporary. Their shared hope is to build a better life together once the husband’s sentence is completed. Married couples do not always live together continuously; challenges and conflicts can arise within a family, as seen in the experiences of wives of incarcerated individuals. Despite these hardships, these wives remain deeply committed to supporting their families. Their dedication stems from a strong desire to stand by their husbands, offering encouragement and resilience during difficult times.
Penerapan Azas Sederhana, Cepat Dan Biaya Ringan Di Pengadilan Agama
One of the principles in Law Number 48 of 2009 concerning Judicial Power is the principle of simplicity, speed, and low cost, which applies to all judicial environments, including the Religious Courts. The expectation of both the state and society from this principle is a prompt and proper handling of cases in court—from registration to the judge's decision. Generally, criticisms directed at civil judicial processes include their slow pace, overly formalistic procedures, and high costs. The implementation of the principle of a simple, speedy, and low-cost judiciary is imperative, especially within the Religious Courts, considering the large number of cases and the insufficient number of judges. If this principle is not upheld, it may not only negatively impact justice seekers—by making the cost of litigation more expensive—but also result in case backlogs within the Religious Courts themselves. Efforts made by the Religious Courts to realize this principle include circuit courts (mobile courts), the establishment of legal aid posts (Posbakum), and the provision of pro bono litigation. However, it is essential to note that the application of the principle of simplicity, speed, and low cost must not compromise the principles of accuracy and justice within society