Jurnal Hukum Keluarga Islam

Tinjauan Hukum Keluarga Islan Terhadap Bapak rumah Tangga(Studi Kasus Desa Terbangiang Kecamatan Bandar Petalangan)

Yohanis, murah syahrial, Irfan — Mon, 01 Jan 2024 00:00:00 +0000

Purpose – The purpose of this study is to examine the perspective of Islamic family law on the
phenomenon of stay-at-home fathers, with a particular focus on a case study in Terbangiang
Village, Bandar Petalangan District. This research also aims to explore the correlation between
Islamic law and Indonesia’s positive law in addressing domestic violence, especially when the
perpetrator is a husband acting as a stay-at-home father..
Methodology – This study uses a library research method, collecting data through in-depth review
of texts, books, and relevant literature related to Islamic family law and Law No. 23 of 2004 on
the Elimination of Domestic Violence.
Findings – The findings indicate that Islamic law strictly prohibits all forms of domestic
violence—physical, psychological, sexual, and neglect—because they contradict the principle of

mu’asyarah bil ma’ruf (living together in kindness), which emphasizes justice, compassion, and
mutual respect in the family
Originality/Novelty – The novelty of this research lies in its focused analysis of the role of a
husband as a stay-at-home father within the framework of Islamic law, a subject that has rarely
been discussed in depth, particularly in the Indonesian context.
Implications – This study highlights the importance of educating the public about Islamic family
law and promoting shared responsibilities within the household. Families must be guided by
values of justice, accountability, and nonviolence in dividing household roles. Furthermore,
harmonization between Islamic law and national law must continue to be strengthened to ensure
comprehensive and fair protection for all family member

Sensitivitas Gender Hakim Pengadilan Agama Pelalawan Pada Perkara Harta Bersama

Yumilda M Zen, mustamar Hasibuan, Bakhrul Khairul Amal — Mon, 12 Feb 2024 00:00:00 +0000

Purpose – This study aims to analyze the legal considerations of the Panel of Judges in the division of
marital property following divorce, specifically in Decision Number 413/Pdt.G/2021/PA.Tng. It also seeks
to assess the extent of gender sensitivity demonstrated by the judges in evaluating the wife's contribution
to the accumulation of shared assets.
Methodology – This research employs a qualitative method with a normative juridical approach. Data were
collected through document analysis of the court decision and interviews with the judges who handled the
case. The data were then analyzed using content analysis techniques.
Findings – The findings reveal that although Article 97 of the Compilation of Islamic Law stipulates an
equal division (50:50) of marital property, the Panel of Judges in this case decided on a 3/5 share for the
wife and 2/5 for the husband. This decision was based on factual evidence indicating that the wife had made
a greater contribution to the accumulation of marital assets. Such consideration reflects the application of
justice and gender sensitivity within legal practice.
Originality/Novelty – The novelty of this research lies in its focus on actual contribution-based asset
division rather than a formal half-and-half principle. It also highlights the incorporation of gender justice
in judicial reasoning—an area rarely explored in-depth within Islamic family law studies.
Implications – This study emphasizes the importance of interpretative flexibility in applying the law fairly
and contextually. Moving forward, judges are expected to adopt a contribution-based and gender-sensitive
approach in resolving marital property disputes to achieve more substantive justice for both men and women
in divorce cases.

Pemerkosaan Dalam Perkawinan Menurut Hukum Islam Dan Hukum Pidana

Abdul Nasib, Firman Surya, Hawari Hasibuan — Wed, 30 Jul 2025 00:00:00 +0000

ABSTRACT.

Purpose – This study aims to examine marital rape from the perspective of Islamic law and Indonesian criminal law. It also seeks to understand the ideal pattern of husband-wife relations within a household, particularly in the context of fulfilling sexual rights and responsibilities..

Methodology – The research uses a qualitative approach through a library research method. Data were collected from Islamic literature, classical fiqh texts, relevant laws and regulations such as Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT), and academic journals. The analysis was conducted using normative and contextual approaches.

Findings – The study finds that in Islam, marital relations must be based on the principle of mu’asyarah bil ma’ruf (living together in kindness). Coercion in sexual relations, even within marriage, contradicts Islamic values of justice and compassion, and is categorized as a form of violence. The PKDRT Law recognizes such acts as criminal offenses, thus providing a legal basis for victims to seek justice.

Originality/Novelty – This research provides an integrative analysis combining Islamic law and criminal law perspectives on marital rape—an issue that remains culturally sensitive and rarely discussed openly in public discourse or legal scholarship.

Implications – The study emphasizes the need for legal education within society about household rights, especially regarding fair and consensual sexual relations. Furthermore, legal authorities, religious institutions, and policymakers must ensure legal protection for victims of sexual violence within marriage and encourage legal reform responsive to gender justice.

Keywords: Rape, Domestic Violence, Marital Rape

Model Penyelesaian Mahar Berhutang dan Implikasinya terhadap Keharmonisan Keluarga

Indra Mansyur, Edi Rosman , Misra Netti — Tue, 20 Feb 2024 00:00:00 +0000

Purpose – This study aims to examine the settlement model of deferred dowry (mahar) and its implications for family harmony, with a case study focused on practices at the Office of Religious Affairs (KUA) in Pangkalan Kuras District, Pelalawan Regency, Riau Province.

Methodology – The research employs a qualitative approach with a juridical-empirical or sociological research type. Data were collected through observations, interviews with married couples, religious leaders, and KUA officers, as well as documentation of marriage cases involving unpaid dowry. Analysis was conducted descriptively and argumentatively.

Findings – The findings indicate that household harmony is significantly influenced by the fulfillment status of the dowry. Families tend to be harmonious when the dowry is paid on time or when there is a clear repayment agreement between husband and wife. Conversely, unresolved dowry without the husband's good faith leads to conflict. The study also found that deferred dowry can be resolved through mutual agreement, family mediation, or legal proceedings in court.

Originality/Novelty – This research highlights the direct correlation between dowry settlement and psychological well-being in family life—an area that has not been widely explored from a sociological perspective.

Implications – The study underscores the importance of premarital education and transparent documentation of dowry agreements to prevent future disputes and maintain household harmony.

Keywords: Deferred Dowry, Family Harmony, Marriage