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All Journal USRAH: Jurnal Hukum Keluarga Islam Syakhshiyyah Jurnal Hukum Keluarga Islam
Ahmad Maula Hadi
Universitas Islam Negeri Sunan Gunung Djati Bandung
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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IMPLEMENTASI PRINSIP MEMPERSUKAR PERCERAIAN DALAM MENEKAN TINGGINYA ANGKA PERCERAIAN DI PENGADILAN AGAMA SOREANG Noval Aditya; Ahmad Damiri; Ahmad Maula Hadi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/tw5zf251

Abstract

The high divorce rate in the Soreang Religious Court raises fundamental questions about the extent to which the principle of making divorce difficult as mandated by Law Number 1 of 1974 can be effectively implemented by judges. Previous studies have discussed the factors causing divorce and the relevance of the principle of making divorce difficult from an Islamic legal perspective, but there has been no research that empirically examines the strategies and concrete efforts of judges in operationalizing this principle amidst the high divorce rate, particularly in the Soreang Religious Court. This study aims to fill this scientific gap by examining the implementation of the principle of making divorce difficult through Grindle's policy implementation theory approach, which has not been applied in similar research contexts. This study uses an empirical juridical approach and is a field study. Primary data were obtained through interviews with judges at the Soreang Religious Court, while secondary data came from official documents of the Soreang Religious Court, Law Number 1 of 1974, SEMA, and several other literature reviews such as books, articles, and others to support the primary data. The findings of this study indicate that the Soreang Religious Court's application of the principle of making divorce difficult is ineffective, hampered by the absence of many defendants in court, thus hindering the efforts to reach a settlement. Furthermore, inter-institutional cooperation is needed to make this principle of making divorce difficult more effective.
Child Rights Protection in Fasakh Cases Due to Apostasy: A Juridical Analysis of the Decision of the Cibadak Religious Court Number 3112/Pdt.G/2024/PA.Cbd Salman Al-Farisi; Ahmad Maula Hadi; Lena Ishelmiany Ziaharah
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/sjfh9705

Abstract

This study examines child protection in fasakh cases due to apostasy based on the Decision of the Cibadak Religious Court Number 3112/Pdt.G/2024/PA.Cbd, focusing on the tension between the application of the ultra petita principle and the best interests of the child principle in resolving such cases. This research employs a normative juridical method with a descriptive-analytical nature through literature review and judicial decision analysis, supported by interviews with judges. The findings reveal that the fasakh decision fulfilled both formal and substantive legal requirements, as evidenced by the proven element of apostasy as grounds for fasakh and the granting of the marriage validation (itsbat nikah) petition. However, the ruling did not explicitly regulate child custody (hadanah) or child support obligations because the judges were bound by the ultra petita principle. This condition reflects a normative-procedural gap regarding judges’ authority to provide child protection measures ex officio, potentially overlooking the best interests of the child due to the absence of legal certainty concerning post-fasakh custody, maintenance, and education. From the perspective of maqāṣid al-sharī‘ah, this situation relates to the protection of hifz al-nafs and hifz al-nasl as objectives of Islamic law in ensuring the welfare, continuity, and upbringing of children. The novelty of this study lies in its analysis of the relationship between the limitation of judicial authority under the ultra petita principle and the need for child protection in fasakh cases due to apostasy. The findings indicate the need for regulatory reinforcement granting judges ex officio authority to determine hadanah in fasakh cases in order to better safeguard the best interests of the child in judicial practice
Co-Authors Ahmad Damiri Lena Ishelmiany Ziaharah Noval Aditya Salman Al-Farisi