Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam

Vasectomy as Social Assistance Conditionality: A Legal Discourse Analysis of Pragmatic Utilitarian versus Sharia Based Reproductive Rights in Indonesian Family Law

Wahyu Aji Pratama, M. Saeful Amri — Mon, 24 Nov 2025 00:00:00 +0100

The vasectomy controversy as a prerequisite for social assistance triggered by the statement of West Java Governor Dedi Mulyadi has caused a debate between pragmatic and religious perspectives in Indonesia. This study aims to analyze the construction of the pro-con arguments for vasectomy through the debate between Adi Armando and K.H.Kholil Nafis at the "Democracy Record" event on May 6, 2025. The research method uses library research with a descriptive qualitative approach and critical discourse analysis of the Norman Fairclough model which analyzes textual dimensions, discursive practices, and social practices. Data was obtained from transcripts of television shows, online news articles, policy documents, and MUI fatwas. The results of the study show that Adi Armando builds utilitarian arguments based on economic efficiency and "rational choice", while Kholil Nafis uses theological arguments that emphasize the concepts of fitrah and maqashid sharia. This debate reflects the tension between practical benefits and sharia normative provisions in regulating reproductive aspects, as well as implications for the structure of marital rights and obligations in Islamic family law which requires alternative solutions based on economic empowerment and temporary contraceptive methods.

Comparative Analysis of Wife's Rights and Living Level from the KHI Perspective and the Book of al-Majmu Syarah al-Muhadzdzab

Siti Fatimatul Muffidah, Musyaffa Amin Ash-Shabah, Suprihatin, Agus Supriyanto — Thu, 18 Dec 2025 00:00:00 +0100

The increase in divorce rates in Indonesia is primarily triggered by economic problems and the inability of husbands to fulfill their wives' rights and provide for them in domestic life. This study compares the rights of wives and the level of provision in the Compilation of Islamic Law (KHI) and the book al-Majmu' Syarah al-Muhadzdzab by Imam An-Nawawi. This study is a normative comparative study. The results show that both the Compilation of Islamic Law (KHI) and Al-Majmu' Syarah al-Muhadzdzab share the basic principle that the husband's obligation to provide financial support depends on his economic ability and applies after the wife shows tamkin. Both sources of law emphasize that a wife who is in a state of nusyuz loses her right to financial support. The main difference lies in the normative and contextual aspects; Al-Majmu' provides quantitative details of maintenance based on the husband's financial condition, such as two mud for a well-off husband, one mud for a husband in difficulty, and one and a half mud for a husband in between. Meanwhile, KHI is more flexible, accommodating adjustments to Indonesia's socio-economic conditions by providing space for practices that are in line with the dynamics of a more diverse society. Overall, this study contributes to the integration of classical fiqh and positive Islamic law in Indonesia, while offering a theoretical and practical foundation for the development of a fair, contextual, and public-interest-oriented family law

Conflict and Family Law Issues in Shia Groups

Okti Nur Hidayah — Thu, 18 Dec 2025 00:00:00 +0100

This article discusses the dynamics of Sunni-Shia relations in Indonesia by highlighting anti-Shia campaigns, the experiences of discrimination against the Shia community, and sensitive issues such as interfaith marriage and mut'ah marriage. Using historical, social, and theological approaches, this study shows that the marginalization of Shia Muslims is not only influenced by doctrinal differences, but also by transnational ideologies, state policies, and pressure from conservative groups. Cases such as the 2012 Sampang tragedy and conflicts involving the Rausyan Fikr Foundation in Yogyakarta are concrete examples of escalating intolerance. The findings of the article show that resistance to discrimination has emerged from moderate Muslim figures, but these efforts have not been able to neutralize the dominance of anti-Shia discourse in the public sphere. In addition, studies on interfaith marriage and the debate on mut'ah marriage illustrate how differences in Sunni-Shia jurisprudence affect family and social life. This article concludes that the Shia issue in Indonesia is a multidimensional problem that requires inclusive dialogue, legal protection for minorities, and a moderate approach to maintain intra-Islamic harmony in Indonesia.