Sakina: Journal of Family Studies

Repositioning Wives’ Roles in Urban Households: Social Support, Dual Burdens, and the Negotiation of Family Resilience

2025-12-09T22:06:32+00:00

The changing times have brought significant changes to the role of women in the family and society, where increased access to education and gender equality have encouraged women's contribution to the workforce and family economic welfare. However, the dual roles carried out by career women often result in a double burden due to the demands of the public and domestic spheres, making family resilience an important issue that needs to be further researched. This study aims to explore the social support received by wives as career women for family resilience, as well as strategies for negotiating role sharing in social institutions at the family level. This study uses a qualitative field approach with ethnographic techniques, in which the researcher conducts participatory observation and in-depth interviews with informants. The theories used are legal anthropology theory, role theory, power theory, and family resilience theory. The results show that wives as career women receive social support from the public sphere, such as coworkers and workplace policies, as well as from the domestic sphere, such as their immediate family and parents. This support includes help with housework, childcare, and fulfilling the wife's needs, which are very important in maintaining a balance between dual roles. The division of roles within the family is influenced by the length of marriage, number of children, working hours, and place of residence. Effective role negotiation strategies include open communication, agreement, task flexibility, family deliberation, and mutual respect. The success of maintaining family resilience is largely determined by the ability to adapt and negotiate roles, which is influenced not only by practical needs, but also by the dynamics of power, cultural values, economics, and legal frameworks that complement each other.

Implementation of Progressive Law in Post-Divorce Alimony Rights in Obscuur Libel Verdict (Case Study of Decision No. 2276/Pdt.G/2023/PA.Bgl)

2025-12-09T22:06:32+00:00

The case that occurred at the Bangil Religious Court with Number: 2276/Pdt.G/2023/PA.Bgl. In the lawsuit, the plaintiff sued cumulatively with the support of the wife after the divorce and child support. However, the Panel of Judges rejected all lawsuits about alimony rights filed by the plaintiff against the defendant and only granted the divorce lawsuit because of the lawsuit about obscuur libel alimony rights. The analysis used using the perspective of progressive law Sajtipto Rahardjo is related to justice in deciding divorce cases with the right to support the wife and children after the divorce which was rejected on the grounds of the obscuur libel lawsuit. The purpose of this study is to analyze and describe how the decision Number: 2276/Pdt.G/2023/PA. Bgl whether it is in accordance with positive law in Indonesia and uses the perspective of Prarogresive Law of Satjipto Rahardjo. The result of this investigation is that the verdict is not in line with the positive law and the progressive law of Satjipto Rahardjo. In deciding a case, it is not only based on dogma-normatives but also must consider justice and conscience in decideing. The decision does not meet the elements in the perspective of Satjipto Rahardjo's Progressive Law, namely flexibility, social justice, human rights, and change. This can be seen from the decision which only looks at the formal aspect of the lawsuit, does not give the rights that should be given to the wife and children, does not provide justice to the victim, and does not provide a change for the better after the case is decided.

Muhammadiyah Community and Pluralism of Legal Inheritance: The Harmonization on Wealth Distribution of Javanese People

2025-12-09T22:06:33+00:00

This study is expected to provide new contributions to the study of inheritance law, especially by highlighting how Muhammadiyah members respond to legal pluralism in Indonesia. This study can help explain how this modernist Islamic organization negotiates the inheritance law amidst the diversity of legal systems in force in Indonesia. This research used the non-doctrinal research method. The harmonization of inheritance wealth division in the Javanese society, especially in Jatinom, which is mostly affiliated with the Muhammadiyah organization, reflects an integration between local wisdom and religious teachings based on the maslahah principle. The wealth division before or after the decedent’s death aims to maintain family welfare, prevent conflicts, as well as guarantee the fulfilment of heirs’ rights. This practice is not only valid according to the Sharia but is also just and flexible, as it is adapted to the actual needs of the family. This is to create a harmony that pays attention to the family’s worldly and spiritual needs.

Reorienting Jamāluddīn ‘Aṭiyyah’s Maqāṣid al-Usrah in the Regulation of Polygamy in the Indonesian Compilation of Islamic Law

2025-12-09T22:06:33+00:00

This article discusses the reconstruction and reorientation of polygamy regulations in the Compilation of Islamic Law (KHI), specifically Articles 55–59, through the philosophical framework of maqāṣid al-usrah developed by Jamāluddīn ‘Aṭiyyah. This research is crucial given that the KHI, having been in force for over 30 years, requires a new reading (the expedient of re-interpretation) to preserve the values of maqāṣid in facing contemporary social dynamics. This qualitative study, utilizing a library research method and content analysis, aims to explore the maqāṣid values and evaluate their alignment with Indonesia’s positive legal norms. The analysis results indicate that the KHI implicitly integrates three core dimensions of ‘Aṭiyyah’s maqāṣid al-usrah, namely taḥqīq al-sakīnah wa al-mawaddah wa al-raḥmah, tanẓīm al-’alāqah bayn al-jinsayn, and tanẓīm al-jānib al-mālī li al-usrah, primarily through the key requirement of acting justly (Article 55 Paragraph 2) and the necessity of obtaining permission from the Religious Court (Article 56). ‘Aṭiyyah’s concept, which demands psychological and emotional justice (al-’adālah al-nāfsi-yah wa al-wijdāni-yah), provides a strong foundation for reorienting the interpretation, shifting the focus from formal procedure to the substance of the objective. The article recommends adding ethical and social clauses (such as psychological assessment) and explicitly integrating the maqāṣid al-usrah principles into the KHI, so that Islamic family law can serve as a contextual, humanistic, and solution-oriented guide in realizing substantive justice and protecting family sakīnah.

Negotiating Children’s Identity and Rights in Minangkabau–Javanese Interethnic Marriages: Insights from Customary Leaders in Lubuk Kilangan

2025-12-09T22:06:33+00:00

This research examines the position of children from mixed marriages between Minangkabau and Javanese ethnicities in Lubuk Kilangan Sub-district, Padang City, based on the viewpoint of customary stakeholders. Problems arise due to differences in kinship systems: Minangkabau adheres to a matrilineal system, while Java is bilateral. This difference affects children's identity, inheritance rights and involvement in adat. The method used is qualitative ethnography with a participatory observation approach, in-depth interviews with traditional leaders, and document studies. The results show that maternal lineage is the main factor in determining the position of children. Children of Minangkabau mothers are traditionally recognized, have rights to high pusako, and are involved in traditional activities. In contrast, children of Javanese mothers are considered “nan indak basuku” (not tribal) and do not have customary inheritance rights, even though the father is Minang. The status of the child is determined through customary deliberation by the customary leader. However, the division of property from the family business can be done based on the principles of Islamic law. The research reveals the tension between inclusive national legal principles and strict customary rules, as well as the family's efforts to adjust to customary forms of exclusion. The research recommends adjustments to civil registration policies, improved cross-cultural communication and an evaluation of the role of customary stakeholders to ensure children's rights in a multicultural society.

Judicial Formalism and Women’s Economic Rights After Divorce: A Feminist Legal Study of a Religious Court Decision

2025-12-19T22:41:16+00:00

Religious court adjudication in divorce cases in Indonesia continues to exhibit a strong reliance on judicial formalism, often at the expense of substantive gender justice. One manifestation of this tendency is the rejection of post-divorce economic claims by former wives, particularly in cases involving civil servant salaries. This study examines a Religious Court decision that denied a former wife’s claim to a one-third allocation of her ex-husband’s salary, despite her demonstrated economic vulnerability following divorce. The research aims to critically analyze the judicial reasoning underlying this rejection and to assess the extent to which women’s economic rights are accommodated within religious court practice from a Feminist Legal Theory perspective. Employing a normative juridical method, the study integrates a case-based and conceptual approach through an analysis of court decisions, statutory regulations, and feminist legal scholarship. The findings reveal that the judges’ reasoning is predominantly procedural and formalistic, focusing narrowly on the husband’s economic capacity while disregarding the wife’s non-monetary contributions during marriage, such as domestic and reproductive labor. This approach effectively marginalizes women’s lived experiences and reinforces gendered economic inequality after divorce. The study contributes to Islamic family law scholarship by demonstrating how judicial formalism can undermine the protective function of post-divorce economic rights. By applying Feminist Legal Theory as a critical analytical tool, this research highlights the need for a more substantive, gender-responsive interpretation of family law to ensure equitable outcomes for economically vulnerable women, particularly former wives of civil servants.