El 'Aailah: Jurnal Kajian Hukum Keluarga

Fungsi Hukum Islam sebagai Kontrol Sosial

2026-01-17T02:51:18+00:00

The main topic discussed in this article is the function of Islamic law as a form of social control and its correlation as a means of fostering the character of husbands and wives. This article aims to: (1) describe the social dimensions of marriage in Islam, and (2) explain how Islamic law plays a role in maintaining and cultivating human morality, particularly within family life. This study is a descriptive literature review employing a multidisciplinary approach, including normative-juridical, maslahat (public interest), philosophical, and sociological approaches. The findings indicate that the social dimensions of marriage in Islam take various forms, including safeguarding human existence on earth, preserving honor and clarity of lineage, protecting society from moral decadence, preventing the spread of diseases (especially sexually transmitted diseases), and providing spiritual tranquility for human beings. The role of Islamic law in maintaining human morality can be observed through the regulation of criminal sanctions, particularly taʿzīr sanctions, in addition to ḥudūd and qiṣāṣ. Taʿzīr sanctions are punishments whose types and measures are not explicitly specified in the textual sources, but are left to the discretion of rulers or judges based on considerations of public welfare (maṣlaḥah). The imposition of taʿzīr sanctions aims to correct, educate, and rehabilitate offenders. The practice of religious teachings through a commitment to the enforcement of Islamic law in household life constitutes an important space for the expression of religious experience. Thus, Islamic law can truly serve as a comprehensive guide for human life, leading to the attainment of both spiritual and physical well-being, and to the realization of a harmonious individual and social order within the framework of raḥmatan li al-ʿālamīn.

Pembatalan Perkawinan yang Tertolak Sebab Kawin Paksa Menurut Hukum Islam

2026-01-17T02:58:07+00:00

Marriage should be established on the basis of mutual consent between both parties in order to prevent the occurrence of forced marriage. In Islamic law, the willingness of both spouses is a fundamental element and a requirement for the validity of a marriage. However, there was a petition for marriage annulment submitted to the Bandung Religious Court which was rejected by the judge, despite the Petitioner’s claim that the marriage took place under coercion. This Islamic legal perspective on the research judge’s aims decision to in examine case the Number 2860/Pdt.G/2023/PA.Badg concerning the rejection of marriage annulment due to forced marriage. The research method employed in this study is a qualitative approach using a combination of library research and field research. The data collection techniques used include The findings of this study structured reveal interviews that the and documentation. Bandung Religious Court judge’s decision to reject the petition for marriage annulment in case Number 2860/Pdt.G/2023/PA.Badg was based on the Petitioner’s inability to provide sufficient evidence for the claims. Furthermore, the judge’s decision is in accordance with Islamic law, since the marriage in question fulfilled the pillars and legal requirements of marriage, namely the presence of mutual consent from both spouses.

Pemberian Hak Asuh Anak Belum Mumayiz Kepada Ayah Pasca Perceraian dalam Perspektif Hukum Islam

2026-01-17T03:06:52+00:00

Custody of a child who has not yet reached the age of discernment (mumayyiz) after divorce is not always granted to the mother if the judge of the Religious Court has a different opinion. In some cases, the father can obtain custody even though the mother is still present. Such is the case in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr, where the panel of judges granted custody of the first child, aged 11, to the father, despite no specific reasons being found during the trial to indicate that the mother was unfit to hold custody. The purpose of this research is to find out why custody of a non-mumayyiz child after divorce was granted to the father in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr, as well as to analyze it from the perspective of Islamic law. This study uses a qualitative method with a descriptive approach and a case study design. The analysis was conducted by reducing data, presenting data, and drawing conclusions. The results of the study show that the granting of custody of a non-mumayyiz child to the father after divorce in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr was due to the child’s closer emotional bond with the father, as the child had been cared for by the father for some time. In Islamic law, as long as the mother is still alive and fit to care for the child, she is more entitled to custody. However, in this case, the judge considered the specific circumstances, so granting custody to the father was deemed in line with the primary goal of hadlanah, which is to uphold the child’s best interests and welfare.

Komparasi Akibat tidak Tercatatnya Perkawinan Indonesia dan Pakistan

2026-01-17T02:59:39+00:00

Unregistered marriages are an important issue in contemporary Islamic family law because they have a direct impact on the protection of the rights of husbands, wives, and children. In Indonesia, this practice still occurs due to the separation between the validity of marriage according to religion and the state's obligation to register it, thus creating legal uncertainty and weak protection of family rights. In contrast, Pakistan implements stricter marriage registration regulations through the Muslim Family Laws Ordinance (MFLO) 1961, accompanied by legal sanctions, which are more effective in maintaining order and protecting family law. This study aims to compare the legal consequences of unregistered marriages in Indonesia and Pakistan and formulate their implications for Indonesian marriage law reform from the perspective of maslahah mursalah. Through the perspective of maslahah mursalah, this research aims to formulate a normative basis and recommendations for reforming Indonesian marriage law so that marriage registration is not merely positioned as an administrative obligation, but as a legal mechanism that guarantees the welfare, justice, and protection of vulnerable parties within the family. The method used is normative legal research with a comparative and conceptual approach through a literature study. The results of the study show that the absence of registration and strict sanctions in Indonesia weakens the protection of the rights of wives and children, while the Pakistani system better guarantees legal certainty. This study emphasizes the need to strengthen marriage registration regulations in Indonesia in order to achieve justice, legal certainty, and family welfare.

Analisis Psikologis terhadap Adopsi Anak

2026-01-26T03:29:40+00:00

The threats to education in the 21st century are increasingly complex and growing rapidly. Several threats that need to be paid attention to justice and a decline in the self-existence of children in the category of adopted children, this is influenced by low self concept in children, which affects the development of personal and academic character. Children's character is the initial foundation of the education system. The aim of this research is to instill character in adopted children by building self-confidence and protection under Islamic law. Research method with a normative juridical approach, descriptive qualitative conceptual approach, library study design with data collection techniques analyzing e-journals and e-books. The research results describe that family counseling is an integral part of helping adopted children overcome problems in the personal and social spheres to obtain justice as biological children. The function of education in schools is one of the elements of success for children when children are able to develop their inner potential optimally. Based on the results of the analytical study, it is known that children can have positive personalities and develop according to developmental tasks, including achieving the child's development of religious knowledge and behavior. The protection rights of adopted children have the same level as biological children. This is believed to be an effort to uphold justice in parenting within the family.