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Analisis Faktor Penyebab Meningkatnya Angka Cerai Gugat di Mahkamah Syar’iyah Kutacane Irda Djesra Mukhdalifa; Sukiati Sukiati; Dhiauddin Tanjung
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 3 (2026): Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i3.3288

Abstract

This study was motivated by the increasing number of divorce petitions filed by wives at the Kutacane Syar’iyah Court in recent years, indicating challenges to family resilience and the effectiveness of resolving marital conflicts. This study aims to analyze the factors contributing to the rise in divorce petitions, examine their impact on society, and identify the judges’ considerations in deciding divorce cases at the Kutacane Syar’iyah Court. The research employed an empirical juridical approach. Data were collected through interviews with judges and court staff, case documentation, and literature review, and were analyzed using descriptive qualitative methods. The findings indicate that the increase in divorce petitions is influenced by several factors, including economic problems, husbands’ lack of responsibility, prolonged marital disputes, infidelity, domestic violence, and poor family communication. The increase in divorce petitions has social, psychological, and economic impacts on families, particularly on children's welfare. Judges base their decisions on facts presented during the trial, available evidence, applicable legal provisions, and the principle of public benefit to achieve justice for the parties involved. This study is expected to provide valuable input for strengthening family resilience and optimizing mediation efforts to reduce divorce rates.
Konsep Khulu’ dalam Al-Qur’an: Analisis Tafsir Surah Al-Baqarah Ayat 229 Perspektif Al-Tabari dan M.Quraish Shihab Irda Djesra Mukhdalifa; Faisal Hamdani
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 3 No. 3 (2026): Juli: Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v3i3.1812

Abstract

Divorce is recognized in Islam as a lawful but final solution when marital harmony can no longer be maintained. One form of divorce is khulu’, namely the dissolution of marriage initiated by the wife through compensation to the husband under certain conditions. Despite the increasing number of divorce cases, studies examining the concept of khulu’ from the perspective of Qur’anic exegesis remain relatively limited. This study aims to analyze the interpretation of Surah Al-Baqarah verse 229 concerning khulu’ according to Imam Al-Tabari and M. Quraish Shihab, as well as to identify the similarities and differences in their interpretative approaches. This research employs a qualitative method with a library research approach. The primary data consist of Jāmi‘ al-Bayān ‘an Ta’wīl Āy al-Qur’ān by Imam Al-Tabari and Tafsir Al-Misbah by M. Quraish Shihab, while secondary data are obtained from books, scientific journals, fiqh literature, and other relevant references. The findings indicate that both exegetes agree that khulu’ is a legitimate mechanism in Islamic law that grants women the right to terminate a marriage when it no longer realizes justice and mutual welfare. However, Al-Tabari emphasizes historical narrations, legal arguments, the condition of nusyuz, and the permissibility of compensation (‘iwadh) from the wife, whereas Quraish Shihab highlights the ethical values of justice, public welfare (maslahah), and the protection of women's rights within marriage. Therefore, the concept of khulu’ in the Qur’an reflects a balanced legal instrument designed to uphold justice and safeguard the dignity and rights of both spouses in marital life.
Hakikat Ilmu Pengetahuan dalam Perspektif Filsafat Sains Irda Djesra Mukhdalifa; Nurasiah Nurasiah
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 3 No. 3 (2026): Juli: Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v3i3.1811

Abstract

The nature of knowledge is a fundamental topic in the philosophy of science that examines the origin of knowledge, the process of acquiring it, the validity of scientific truth, and the value and function of knowledge in human life. The rapid advancement of science highlights the need for a philosophical understanding to ensure that scientific development remains grounded in rational, objective, and ethical principles. This study aims to analyze the nature of knowledge from the perspective of the philosophy of science and to explain the interrelationship between ontology, epistemology, and axiology in the construction of scientific knowledge. The research employed a literature review method by examining relevant books, scholarly articles, and other academic sources related to the philosophy of science and the development of knowledge. The findings indicate that knowledge is not merely a collection of facts but the result of a critical thinking process based on scientific methods and rational justification. Furthermore, ontology, epistemology, and axiology constitute three interconnected pillars that shape scientific knowledge into a systematic, objective, and socially beneficial body of knowledge. The study implies that a sound understanding of the philosophy of science is essential for advancing scientific inquiry, improving research quality, and supporting ethical and human-centered decision-making.