eprintid: 78830
rev_number: 12
eprint_status: archive
userid: 12460
dir: disk0/00/07/88/30
datestamp: 2026-10-07 08:26:52
lastmod: 2026-10-07 08:26:52
status_changed: 2026-10-07 08:26:52
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: A Hashfi Luthfi, NIM.: 21303012005
title: PEMBAHARUAN HUKUM KELUARGA ISLAM DI INDONESIA: REINTERPRESTASI HUKUM NAFKAH MUT’AH BERBASIS PARADIGMA KERENTANAN
ispublished: pub
subjects: 297.577
divisions: S3_Syariah
full_text_status: restricted
keywords: Nafkah Mut’ah, Gender Biner, Kerentanan, Mubadalah,
Maudhu’i Nuzuli, Hukum Keluarga Islam
note: Prof. Dr. Ali Sodiqin, M.Ag. dan Dr. Moh. Tamtowi, M. Ag.
abstract: This study arises from the disparity between the ethical
objectives of mutʿah maintenance in the Qur’an, its legal construction
within Indonesia’s statutory framework, and its application in the
Religious Courts. In the Qur’an and Islamic jurisprudence (fiqh),
mutʿah is understood not merely as a financial obligation but also as a
form of provision that embodies protection, restoration of dignity, and
assurance of continued well-being for a party affected by divorce. By
contrast, Indonesian legislation constructs mutʿah as an obligation of
the husband and a corresponding right of the wife following divorce,
thereby grounding legal protection more firmly in gender categories
than in the parties’ actual conditions of vulnerability. This study aims
to analyze the legal construction of mutʿah under Indonesian law,
explain why the Religious Courts continue to reproduce this
construction in judicial practice, and examine the extent to which the
law governing mutʿah needs to be reconstructed to be more responsive
to the principles of justice and vulnerability.
This qualitative study employs normative-juridical,
philosophical, and empirical-juridical approaches. The primary data
comprise statutory and regulatory instruments governing mutʿah,
particularly Law Number 1 of 1974 on Marriage, the Compilation of
Islamic Law (Kompilasi Hukum Islam), Supreme Court Regulations
(PERMA), Supreme Court Circular Letters (SEMA), and other
relevant technical regulations. The analysis also draws upon decisions
of the Religious Courts and interviews with fourteen Religious Court
judges concerning the legal basis for awarding mutʿah, considerations
used in determining its amount, the exercise of ex officio judicial
authority, the relevance of the parties’ economic circumstances, and
the possibility of awarding mutʿah based on actual vulnerability. The
data are analyzed through an integrated framework combining the
Maudhūʿī Nuzūlī approach, the Mubādalah perspective, the
vulnerability paradigm, and John Rawls’s principle of the veil of
ignorance.
The study finds that the legal construction of mutʿah in
Indonesian legislation represents a transformation of classical fiqh
thought subsequently codified within the national legal system. In this
process, the orientation of mutʿah has shifted from an instrument
designed to protect the vulnerable party to a form of protection
attached to gender identity, namely, an obligation imposed upon the
husband for the benefit of the wife following divorce. This paradigm
continues to be reproduced in the practice of the Religious Courts
through the interaction between the normative provisions of the
Compilation of Islamic Law, PERMA, and SEMA and judicial
perspectives that remain grounded in classical fiqh constructions.
Consequently, mutʿah continues to be awarded to women as a legally
defined category, even where the parties’ economic circumstances and
actual levels of vulnerability may indicate a different reality. These
findings demonstrate that the orientation of mutʿah within the
Indonesian legal system has yet to fully reflect the Qur’an’s
substantive objective of protecting those rendered vulnerable by
divorce. Accordingly, a reconstruction of the law governing mutʿah is
necessary so that entitlement is determined not solely based on gender
identity but also by taking into account the parties’ actual levels of
vulnerability. Such a reconstruction would bring the law of mutʿah
into closer alignment with maqāṣid al-sharīʿah, the principle of
Mubādalah, and substantive justice in Islamic family law.
date: 2026-08-26
date_type: published
pages: 271
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: doctoral
thesis_name: other
citation:   A Hashfi Luthfi, NIM.: 21303012005  (2026) PEMBAHARUAN HUKUM KELUARGA ISLAM DI INDONESIA: REINTERPRESTASI HUKUM NAFKAH MUT’AH BERBASIS PARADIGMA KERENTANAN.  Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/78830/1/21303012005_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/78830/2/21303012005_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf