Al-fiqh

Pelaksanaan Hak dan Kewajiban dalam Praktik Nikah Gantung

Uswatun Hasanah, Zulkifli Nas — Tue, 14 Jul 2026 00:00:00 +0000

This study examines the fulfillment of marital obligations and rights in the practice of nikah gantung in Pekan Tanjung Beringin Village, Serdang Bedagai Regency, as viewed through the lens of the Compilation of Islamic Law. Issues arise because, in the practice of nikah gantung, the fulfillment of marital rights and obligations is postponed indefinitely. This situation has sparked debate within Islamic law regarding the compatibility of the nikah gantung practice with the purposes of marriage, particularly concerning the fulfillment of financial support, protection, and cohabitation following the marriage contract. This study aims to examine the concept of nikah gantung according to Islam and the Compilation of Islamic Law (KHI), the factors underlying the practice, and an analysis of the fulfillment of the rights and obligations of husbands and wives. The research method used was qualitative research with an empirical-juridical approach through interviews and documentation. The results show that the practice of suspended marriage is legally valid under Islam if the pillars and conditions of marriage are fulfilled; however, in practice, the husband’s obligations toward his wife are often not fully met particularly regarding financial support and housing thereby potentially creating inconsistencies with the provisions of the Compilation of Islamic Law.

Kesadaran Nazir Wakaf atas Legalitas Tanah Wakaf Ditinjau dari Undang-Undang Nomor 41 Tahun 2004

M. Farhan Hidayat, Syaiful Amri — Tue, 14 Jul 2026 00:00:00 +0000

This study was motivated by a research gap between the regulations on waqf in Law No. 41 of 2004 and actual practices in the field, particularly regarding the low level of awareness among waqf trustees regarding the legality of waqf land at the local level. This study aims to analyze the legal awareness of waqf trustees, focusing on the administrative legality of waqf. The research design employs a qualitative approach using a case study at the KUA of Tanjung Beringin Subdistrict. The methodology utilized is in-depth interviews, employing purposive sampling of relevant waqf trustees and KUA staff. The research results indicate that nazirs’ understanding remains limited to ritual aspects and does not yet encompass formal legalities such as the Wakaf Declaration Deed and land certification. The significance of the findings lies in the relationship between low legal understanding and weak protection and management of wakaf. The contribution of this study is to provide empirical evidence regarding the importance of improving nazir legal literacy. The implication is that there is a need to strengthen outreach, enhance the capacity of nazirs, and optimize the roles of the KUA and related institutions to achieve legal, professional, and sustainable waqf management.

Analisis Maqāṣid al-Syarī‘ah terhadap Praktik Tinggal Satu Atap Pascaperceraian

Adinda Amalia Harahap, Zainal Arifin Purba — Tue, 14 Jul 2026 00:00:00 +0000

This study aims to examine the law of living under one roof after divorce from the perspective of maqāṣid al-syarī’ah. This phenomenon often occurs in society due to economic factors and the interests of children. The study used a qualitative method with an empirical normative approach through interviews and literature studies. The results of the study indicate that living under one roof after divorce can have various legal and social implications, especially related to the boundaries of interaction between ex-husband and wife. Despite being divorced, the couple continues to live in the same house with the main goal of protecting the child's psychological condition so that they do not feel the negative impact of their parents' divorce. The relationship between the two is no longer based on an emotional bond as a couple, but rather is limited to carrying out their roles and responsibilities as parents. This condition indicates that the decision to continue living together is a form of parental effort to protect the child's mental well-being, even though their marriage has substantially ended. From the perspective of maqāṣid al-syarī’ah, the law of living under one roof after divorce is reviewed based on the objectives of sharia in protecting offspring (ḥifẓ al-nasl) and honor (ḥifẓ al-‘irḍ). This study concludes that living under one roof after a divorce is essentially permissible if there is an urgent need and greater good, such as child protection and economic constraints, while still maintaining sharia boundaries to prevent harm and violations of religious norms.

Hak-Hak Anak di dalam Lembaga Pembinaan Khusus Anak menurut Hukum Islam

Siti Aminah, Iwan — Tue, 14 Jul 2026 00:00:00 +0000

Children in conflict with the law remain children who have the right to be cared for, protected, and loved. When a child is placed in a Special Juvenile Correctional Institution (LPKA), some of the parenting responsibilities that should be carried out by parents are transferred to the state. This study aims to analyze the fulfillment of the rights of children in the Class I A LPKA in Medan from the perspective of Islamic law, specifically the concept of ḥaḍānah, while also examining it within the framework of Indonesian positive law. The study employs an empirical-juridical method using a case study approach through observation and interviews. The children included in this study are those under the age of 17, with the age range observed in the field varying from 10 to 17 years. The results indicate that the fulfillment of basic rights such as food, education, health care, and religious activities is being met; however, parental involvement is not structurally guaranteed. Based on interviews with guidance officers, there are no regulations requiring parents to visit; the institution only provides general visiting hours. This study recommends that the LPKA establish mandatory visiting hours for parents as a form of ongoing parental responsibility (ḥaḍānah).