Indonesian Journal of Islamic Law

Negotiation, Adaptation and Women’s Resistance to Patriarchal Norms in the Context of Forced Marriage

Muhammad Fauzinudin Faiz — 2024-06-25

This study investigates the occurrence of coerced matrimony in a culture that prioritizes male-dominated principles, namely within the Muslim community. This study employs a qualitative methodology, which includes conducting in-depth interviews, organizing focus group discussions, and analyzing relevant documents. The findings of this study provide light on the several ways in which women who are confronted with forced marriage resist and adapt to their circumstances. The research findings indicate that a significant number of women face challenges when trying to obtain assistance and legal aid, which is worsened by societal disapproval and the insufficiency of current law enforcement measures. This study proposes enhancing awareness and education on women's rights, along with the necessity for legal restructuring to tackle the issue of coerced matrimony. These findings highlight the need for more extensive interventions and enhanced assistance for women who are confronted with forced marriage.

The Concept of Child Custody (Hadhanah) After Divorce in the Perspective of Islamic Law

Umar Multazam — 2024-06-30

This research discusses post-divorce child custody (hadhanah) disputes in Indonesia which are resolved in religious courts based on substantive and formal law. The Qur’an and hadith do not explicitly mention hadhanah, but the verses about breastfeeding and fathers' obligations are close to the concept of child custody. The obligations of parents after marriage are to care for, protect, educate, and care for children until adulthood, with the determination of custody by a judge after a divorce it can fall to the mother or father. This research aims to understand the concept of child custody after divorce according to the Qur’an and hadith, juridical review, and the legal consequences. The method used is qualitative with the type of Library Research, collecting data through documentation and triangulation analysis. The research results show that assigning custody to the mother or father does not conflict with regulations as long as the child's best interests are met, and both mother and father have the right to care for the child, although the mother has more rights. In conclusion, determining child custody after divorce must guarantee the child's best interests following applicable regulations.

Analysis of Islamic Law of the Appasili Tradition in Marriage: Case Study of Takalar Regency

Muh Zaitun Ardi — 2024-06-30

The Appasili wedding tradition in Takalar Regency, South Sulawesi, has its uniqueness that is rarely found in other places. Appasili involves a series of distinctive rituals, such as marriage proposals, offerings, and joint celebrations, which show the importance of customs and rituals in the lives of the Takalar people. Each element in this tradition has a deep symbolic meaning, reflecting the cultural, spiritual, and social values upheld in local society. The Appasili wedding process also highlights the important role of the extended family and community, showing solidarity and strong social integration in the celebration. This research aims to describe community perceptions and Islamic legal perspectives on this tradition. This research uses a qualitative approach and is field research with data collection techniques in the form of in-depth interviews with religious figures and traditional practitioners, as well as related documentation. The research results show that people view the Appasili tradition as a hereditary custom that is believed to perfect and cleanse a marriage. However, the impact is not uniform; Some traditional leaders believe that not carrying out Appasili will have a negative impact, while some people see it as a habit with no significant impact. From the perspective of Islamic law, the Appasili tradition is considered permissible (permissible) because it does not contain harm and is following the principle of "al-urf muhakkam" and includes ‘urf Shohih', namely habits that do not conflict with Sharia law'. This research recommends preserving traditions by the next generation and the need for attention from government agencies in providing an understanding of the importance of preserving these traditions.