Jurnal Munakahat

Artikel

• Artikel lock_open

  Cross-Border Marriage Registration under Islamic Family Law: A Maqāṣid-Based Governance Model

  Eti Jumiati ID , Hawwa binti Abdul Mokti MY

  Background: Increasing transnational mobility has accelerated cross-border marriages among Muslim communities, particularly between Indonesia and Malaysia. Although both countries share common foundations in Islamic family law, differences in marriage registration systems continue to generate legal uncertainty regarding marital recognition, inheritance, child legitimacy, and judicial protection.

  Methods: This study employs a qualitative doctrinal and comparative legal approach by examining statutory regulations, institutional arrangements, and scholarly literature on cross-border marriage registration in Indonesia and Malaysia. The analysis is interpreted through the maqāṣid al-sharīʿah framework to assess legal governance and family protection.

  Results: The findings indicate that both jurisdictions pursue the same objectives of legal certainty and family protection but adopt different administrative and institutional mechanisms. Indonesia emphasizes centralized registration and judicial validation, whereas Malaysia relies on state Islamic religious authorities and Syariah Courts, resulting in different procedures for recognizing cross-border marriages.

  Discussion: Based on these findings, this study develops the Integrated Maqāṣid-Based Cross-Border Marriage Governance (IMCG) Model, comprising regulatory compatibility, institutional coordination, digital administrative interoperability, judicial cooperation, and maqāṣid-oriented family protection. The model promotes legal interoperability while respecting national legal sovereignty.

  Conclusion: Cross-border marriage registration should be understood as an integrated governance mechanism that strengthens legal certainty, family rights, and sustainable protection for transnational Muslim families through enhanced bilateral cooperation.

  Novelty: This study introduces the IMCG Model, integrating comparative Islamic family law, administrative governance, and maqāṣid al-sharīʿah into a unified framework for strengthening cross-border marriage governance among Muslim-majority jurisdictions.

  Pages: 1-15

  picture_as_pdf pdf (Inggris)
• Artikel lock_open

  Maqāṣid-Based Post-Divorce Protection: Gender Justice Reform in Indonesia, Morocco, and Tunisia

  Dedah Jubaedah ID , Imron Hamzah bin Syuhud YE , Mowafg Abrahem Masuwd LY , Aliyeva Patimat Aliyeva Patimat RU , Dainora Jankauskiene LT

  Background: Divorce in contemporary Islamic family law involves not only marital dissolution but also challenges concerning women's economic security, recognition of marital contributions, and children's welfare. Existing studies often examine national reforms separately and provide limited explanation of how Islamic family law transforms formal rights into substantive justice.

  Objective: This study aims to analyze post-divorce family protection reforms in Indonesia, Morocco, and Tunisia and develop a maqāṣid-based framework for strengthening gender justice and sustainable family governance.

  Methods: Using a qualitative doctrinal and comparative legal approach, this research examines statutory regulations, judicial practices, and Islamic family law reforms in the three jurisdictions. The analysis applies gender justice and maqāṣid al-sharīʿah, particularly ḥifẓ al-māl, ḥifẓ al-‘ird, ḥifẓ al-nasl, and maṣlaḥah.

  Results: The findings identify three reform trajectories: Indonesia emphasizes judicial contextualization through joint marital property, post-divorce maintenance, mutʿah, and child support; Morocco advances legislative reform through the Mudawwanah al-Usrah; while Tunisia applies a stronger state-centered protection model. The study proposes the Maqāṣid-Based Post-Divorce Family Protection (MPFP) Model consisting of economic protection, recognition of marital contribution, child-centered protection, judicial accessibility, and sustainable family welfare.

  Conclusion: Gender justice and maqāṣid al-sharīʿah provide complementary foundations for transforming Islamic family law toward substantive post-divorce justice.

  Novelty: The MPFP Model offers a comparative governance framework integrating legal reform, social welfare, and institutional protection for women and children after divorce.

  Pages: 16-29

  picture_as_pdf pdf (Inggris)
• Artikel lock_open

  Maqāṣid-Based Community Family Mediation: Strengthening Indonesia's Religious Courts through Comparative Lessons from the United States

  Mustofa Hasan ID , Hamid bin Ahmad Mafahir Albandiyi ID , Maria Noor PK

  Abstract

  Background: Mediation is a mandatory stage in Indonesia's Religious Courts, yet its implementation often remains procedural and produces limited reconciliation outcomes. Meanwhile, Muslim communities in the United States have developed community-based family mediation integrating Islamic principles with professional Alternative Dispute Resolution (ADR). Existing studies rarely examine how these experiences may strengthen mediation reform in Indonesia.

   

  Objective: This study aims to analyze Muslim community family mediation in the United States and develop a maqāṣid-based framework for strengthening mediation within Indonesia's Religious Courts.

   

  Methods: Using a qualitative doctrinal and comparative legal approach, this research examines legislation, mediation regulations, institutional practices, and scholarly literature concerning Islamic family mediation in Indonesia and the United States. The analysis applies maqāṣid al-sharīʿah, comparative family law, and ADR theory.

   

  Results: The findings identify two complementary mediation models: Indonesia emphasizes court-annexed mediation under judicial supervision, while Muslim community mediation in the United States emphasizes interdisciplinary collaboration, professional mediator standards, comprehensive family protection, and community participation. Based on these comparative findings, this study proposes the Maqāṣid-Based Community Family Mediation (MCFM) Framework, comprising maqāṣid-oriented reconciliation, professional mediator competency, institutional collaboration, comprehensive family protection, and sustainable mediation governance.

   

  Conclusion: Integrating community-based mediation with judicial institutions provides a maqāṣid-oriented approach to strengthening reconciliation, family protection, and access to justice within Indonesia's Religious Courts.

   

  Novelty: The MCFM Framework offers a comparative governance model integrating maqāṣid al-sharīʿah, community-based mediation, and professional ADR principles to strengthen contemporary Islamic family mediation.

  Pages: 30-44

  picture_as_pdf pdf (Inggris)
• Artikel lock_open

  Strengthening Children's Digital Identity Governance under Islamic Family Law: A Maqāṣid-Based Comparative Framework

  Muslimin bin Abdussyakur Kasmuri ID , Supaprawat Siripipatthanakul TH , Muhammad Furqan ID , Zohaib Hassan Sain PK

  Background: The rapid expansion of digital identity systems has increased children's participation in digital environments while exposing them to privacy violations, identity theft, cyber exploitation, and long-term data misuse. Existing studies primarily address these issues from technological or regulatory perspectives, with limited integration of Islamic family law into children's digital identity governance.

   

  Objective: This study examines children's digital identity governance in Indonesia, Estonia, and the United Arab Emirates and develops a governance framework grounded in maqāṣid al-sharīʿah.

   

  Methods: A qualitative doctrinal and comparative legal approach was employed by analyzing legislation, child protection and personal data protection laws, digital governance policies, institutional documents, and recent scholarly literature. The analysis combines comparative legal methods with maqāṣid al-sharīʿah principles.

   

  Results: Indonesia emphasizes family-centered legal protection and parental responsibility, Estonia demonstrates institutionally integrated digital identity governance supported by secure digital infrastructure, and the United Arab Emirates combines technological innovation with Islamic legal values. These findings are synthesized into the Maqāṣid-Based Children's Digital Identity Governance (MCDIG) Framework, comprising parental digital responsibility, legal protection, secure digital infrastructure, family digital literacy, and collaborative institutional governance.

   

  Conclusion: Effective children's digital identity governance requires an integrated legal, technological, ethical, and institutional approach that balances digital innovation with child protection and family responsibility while strengthening contemporary Islamic family law.

   

  Novelty: This study proposes the MCDIG Framework, integrating maqāṣid al-sharīʿah, comparative legal analysis, children's digital rights, and digital governance into a unified child-centered framework for protecting children's digital identities.

   

  Pages: 45–58

  picture_as_pdf pdf (Inggris)