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All Journal An-natiq Jurnal Kajian Islam Interdisipliner Syarah: Jurnal Hukum Islam dan Ekonomi
Azima Amalia
Universitas Islam Negeri Raden Intan Lampung
Religion Humanities Economics, Econometrics & Finance Environmental Science Social Sciences Other

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Strategi Advokasi Bagi Korban KDRT Dalam Memperjuangkan Hak Asus Anak Pasca Perceraian Azima Amalia; Bella Asri Pratiwi; Maskana Qurrota Ayyun; M.Ravi Al-Muntashir; M. Natsir Asnawi; Wagianto
An Natiq Vol 6 No 1 (2026): An Natiq
Publisher : Institute for Islamic Studies and Aswaja (LPIK) of Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/an-natiq.v6i1.25155

Abstract

Divorce resulting from domestic violence (KDRT) raises complex legal issues in determining child custody (hadhanah), particularly when normative legal provisions intersect with the need to ensure effective protection for both children and victims of violence. In the practice of Religious Courts, custody decisions are not solely based on textual legal provisions but also take into account the child's safety, welfare, and best interests. This article aims to analyze the normative construction of child custody following divorce caused by domestic violence from the perspective of Islamic Family Law and to formulate advocacy strategies that strengthen the substantive protection of children's custodial rights. This study employs normative legal research using statutory, conceptual, and case approaches through a library-based examination of legislation, the Compilation of Islamic Law, Religious Court decisions, and relevant academic literature. The findings indicate that although custody of children who have not yet reached the age of discernment (mumayyiz) is generally granted to the mother, judges may depart from this principle in cases involving domestic violence when such a decision is necessary to ensure the child's safety and best interests. The study further finds that effective advocacy requires strengthening legal arguments based on victim protection, comprehensive evidence of the impact of domestic violence on children, and the consistent application of the best interests of the child principle. Therefore, the principles of best interests of the child and maslahah al-thifl should serve as the primary foundation for hadhanah decisions. The harmonization of Islamic law and Indonesian positive law provides a stronger framework for protecting both children and victims of domestic violence while promoting substantive justice in child custody disputes.
Reconstructing the Role of the Marriage Guardian Based on Maqāṣid al-Sharī‘ah: Toward Substantive Justice for Women in Islamic Family Law in Indonesia Azima Amalia; Jayusman Jayusman; Zuhraini Zuhraini; Iskandar Syukur
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 15 No. 1 (2026): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v15i1.7517

Abstract

This study aims to analyze the principles and role of the marriage guardian in Islamic marriage law in Indonesia by highlighting the relationship between the validity of the marriage contract and the protection of women. The study employs a normative legal method with a qualitative approach based on a literature review of fiqh texts, the Compilation of Islamic Law, legislation, and contemporary scholarly studies. The results show that the construction of the marriage guardian in Indonesian positive law still tends to position women as subjects dependent on the guardian’s authority, thereby creating a tension between legal justice and substantive justice particularly when rigid requirements for guardianship actually encourage unregistered marriages and weaken legal protections for women. This study finds that the concept of kāmil al-ahliyyah can serve as a reconstructive solution by establishing the full legal capacity of adult women as the primary basis for determining the need for guardianship. Through the maqāṣid al-syarī‘ah approach, the guardian is repositioned not merely as an absolute requirement but as a contextual protective instrument through the normative reinterpretation of the Compilation of Islamic Law (KHI) and the strengthening of the role of the judicial guardian. This concept enables the creation of a balance between the validity of contracts, the protection of women, and legal certainty within the Islamic family law system in Indonesia.
Co-Authors Bella Asri Pratiwi Iskandar Syukur Jayusman M. Natsir Asnawi M.Ravi Al-Muntashir Maskana Qurrota Ayyun Wagianto Zuhraini Zuhraini