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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Jurnal Ilmiah Al-Mu'ashirah: Media Kajian Al-Qur'an dan Al-Hadits Multi Perspektif El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah JURISTA : Jurnal Hukum dan Keadilan Quru’: Journal of Family Law and Culture Tabayyanu : Journal of Islamic Law Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Al-Mudharabah Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law Jarima: Jurnal Ilmiah Mahasiswa Hukum Pidana Islam
Fakhrurrazi M. Yunus
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Child Custody in Divorce of Husband Abandonment: Judge's Subjectivity Based on the Benefit of the Child Determination No. 310/Pdt.G/2023/MS. Bna Marta, Rahma Fitria; M. Yunus, Fakhrurrazi; Fithria, Nurul; Uchime, Ozioma Victoria; Afiqah Daud, Nur Farahin
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.490

Abstract

Divorce due to husband neglect is a family problem that has a significant impact on the protection of children's rights, especially in the determination of custody (hadhanah). This condition requires legal considerations that put the best interests of children as the top priority. This research focuses on the Decision of the Banda Aceh Syar'iyah Court Number 310/Pdt.G/2023/MS. Bna to examine the extent of the judge's consideration in determining child custody in the case of husband neglect. The purpose of this study is to analyze the basis of the judges' deliberations and assess them from the perspective of Islamic law. This study uses a qualitative method with a normative juridical approach. Data was obtained through a literature study that included analysis of court decisions, laws and regulations, and relevant fiqh literature. The data was analyzed descriptive-analytically to identify the suitability between judges' considerations, positive legal norms, and Islamic legal principles in determining child custody. The results of the study showed that the panel of judges determined the right of hadhanah to the mother with the consideration that the husband was proven to have committed neglect, did not provide maintenance, and did not meet the moral feasibility in raising children. This consideration is in line with the provisions of Article 105 of the Compilation of Islamic Law and the principle of the welfare of children in Islamic law. Thus, the ruling reflects the harmonization between positive law and Islamic law in ensuring the best protection for children after divorce. Therefore, this study recommends that courts consistently prioritize the principle of the best interests of the child and strengthen benefit-based considerations in every custody decision in family neglect cases.
THE MANIFESTATION OF LAW IN THE ENFORCEMENT OF HUMAN RIGHTS IN INDONESIA: Legal Review of the Role of Komnas HAM in Aceh Zi, Fairuzi; M. Yunus, Fakhrurrazi; Amri, Aulil
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/w13gg647

Abstract

Although human rights are considered basic rights that are not determined by social views or state legitimacy and are given to every individual from birth, in the context of Indonesia, even though Komnas HAM was established through Presidential Decree No. 50 of 1993 to protect human rights, its implementation still faces various challenges. One of the main problems is the lack of optimisation in the enforcement of human rights. This raises questions about the extent of the state's commitment to protecting human rights and its efforts to strengthen law enforcement mechanisms. The results of the study show that although Indonesia has adequate legal instruments to guarantee human rights, their implementation in the field still leaves gaps. In this study, the author uses qualitative methods with a field research and document analysis approach. The results of this study show that the manifestation of human rights in the Indonesian legal system is realised through the strengthening of regulations, the optimisation of mechanisms for affirming the role and authority of Komnas HAM, and improved coordination between law enforcement agencies.
Implementation of Restorative Justice in the Settlement of Juvenile Assault Offenses as Street Crimes at the Banda Aceh City Police Nabilla, Rafika; Sulaiman, Badri Hasan; Mustaqim, Riza Afrian; M. Yunus, Fakhrurrazi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9844

Abstract

Restorative justice is an approach to resolving legal cases that involves the offender and the victim in order to achieve a fair settlement by emphasizing the fulfillment of the rights and obligations of the parties based on humanitarian aspects and more dignified and just legal protection. The implementation of restorative justice in this study is carried out in cases of assault committed by children as perpetrators of street crime at the Banda Aceh Police Resort (Polresta Banda Aceh), focusing on the resolution process of several cases between 2023 to 2025. This study aims to examine how restorative justice is implemented in handling cases of child-perpetrated assault as street crime at Polresta Banda Aceh and to identify the obstacles faced in its effectiveness. This study employs a juridical empirical method with statute approach and conceptual approach. Data are collected through interviews with responsible parties at Polresta Banda Aceh and are analyzed descriptively to provide a detailed overview of the implementation of regulations in practice.The findings indicate that Polresta Banda Aceh has attempted to implement restorative justice through penal mediation involving the offender, the victim, and other related parties. However, not all cases are successfully resolved as expected. Out of 9 cases handled, only 3 cases are successfully resolved through restorative justice, while 6 cases are referred to formal judicial proceedings. The implementation still faces several obstacles, including limited family support, the failure to reach an agreement between the offender and the victim, and the lack of optimal support from customary institutions for children. Although the procedures have been carried out in accordance with existing regulations, this condition indicates a gap between legal norms that require diversion and their implementation in practice. Therefore, it is necessary to enhance the capacity of law enforcement officers through specialized training, accompanied by public education, as well as integrating customary law values, in order to ensure that restorative justice is implemented more effectively.
Reconstructing Child Protection for Victims of Crime: Integrating Family Law, Institutional Practice, and Maqāṣid al-Sharīʿah (A Study of UPTD PPA Aceh) Tifany Mahdina Putri; Fakhrurrazi M. Yunus; Gamal Akhyar; Idrus Afandi Akbar
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/v2vdr958

Abstract

Child protection for victims of criminal acts remains a pressing global concern, particularly in jurisdictions where legal frameworks coexist with complex socio-cultural structures. While existing scholarship has largely focused on normative legal analysis or institutional responses, insufficient attention has been given to the interplay between family dysfunction and institutional intervention in shaping the effectiveness of child protection systems. This article addresses this gap by examining the implementation of child protection mechanisms at the Regional Technical Implementation Unit for Women and Children Protection (UPTD PPA Aceh) through an integrative analytical framework combining family law, victim-centered justice, and maqāṣid al-sharīʿah. Employing a socio-legal approach with qualitative methods, this study integrates doctrinal legal analysis with empirical data derived from in-depth interviews, field observations, and case documentation. The findings demonstrate that UPTD PPA Aceh has developed an integrated protection model encompassing legal assistance, psychological recovery, and social reintegration. However, the effectiveness of this model is significantly constrained by structural limitations, weak family support systems, and persistent socio-cultural stigma. This article contributes to the literature by advancing a conceptual framework that situates child protection at the intersection of family responsibility and institutional governance. It further argues that sustainable protection mechanisms require a systemic integration of legal norms, institutional capacity, and family-based resilience, which is normatively consistent with the objectives of maqāṣid al-sharīʿah, particularly the preservation of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl).
Artificial Intelligence in Islamic Fatwa: A Maqasid al-Shariah and Hadith Perspective Nur Ahmadi Akmal; Rasyad; Salasiyah, Cut Intan; M. Yunus, Fakhrurrazi; Syahabuddin, Khairiah
Jurnal Ilmiah Al-Mu'ashirah: Media Kajian Al-Qur'an dan Al-Hadits Multi Perspektif Vol. 23 No. 1 (2026)
Publisher : South East Asia Regional Intellectual Forum of Qoran Hadith (SEARFIQH)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jim.v23i1.33789

Abstract

This article analyzes the position of artificial intelligence (AI) in the practice of Islamic fatwa using the hadith and Maqasid Sharia approaches. The study focuses on four main aspects: studying the concept and characteristics of artificial intelligence, understanding the implications of Islamic ethics for AI regulation, analyzing the hadith of the Prophet Muhammad (PBUH) regarding AI Fatwa, and evaluating the use of AI in fatwas based on Maqasid Sharia. This study uses a qualitative method based on library research by examining the books of mu'tabarah hadith, classical works of usul fiqh, and contemporary literature related to technology and Islamic law. The results show that AI is an instrumental computing system that works based on data and algorithms, which lacks intention, moral awareness, and sharia responsibility. The analysis of the hadith confirms that the authority of fatwa in sharia is only valid for scholars who meet the requirements of knowledge and moral integrity. From the perspective of Maqasid Syari'ah, AI can be justified as a supporting instrument (wasilah), such as in researching evidence, processing data, and mapping scholarly opinions, as long as the final decision remains with the mufti. Thus, AI does not function as an independent fatwa issuer, but rather as a tool that must be guided by the principle of prudence, Islamic ethics, and the objectives of sharia.
Children’s Rights Fulfillment in Families of Female Migrant Workers: An Islamic Law Perspective from Aceh Tenggara Noor Fadillah Hayatusyifa; Fakhrurrazi M. Yunus; Aulil Amri; Manuel Beltrán Genovés; Nur Syahirah Binti Mohammad Nasir
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.496

Abstract

The increasing participation of women as migrant workers has created complex socio-legal consequences within family structures, particularly concerning the fulfillment of children's rights. While economic remittances from female migrant workers contribute to improving household welfare, the prolonged physical absence of mothers raises critical concerns regarding parenting, emotional attachment, and moral development of children. Existing studies largely focus on the economic benefits of labor migration, while limited attention has been given to the holistic fulfillment of children's rights from an Islamic legal perspective. This study aims to examine the fulfillment of children's rights in families of female migrant workers in Bukit Tusam District, Southeast Aceh Regency, and to analyze the issue through the framework of Islamic law. The research employs an empirical qualitative approach through field research, with data collected via in-depth interviews, observation, and documentation involving female migrant worker families, substitute caregivers, and community stakeholders. The findings indicate that children's economic and formal educational rights are relatively fulfilled through remittances and continued access to schooling. However, the rights related to parental care, emotional support, and moral-religious guidance are often inadequately addressed due to the absence of maternal caregiving. From the perspective of Islamic law, the fulfillment of children's rights requires a holistic approach grounded in the principles of maqāṣid al-sharīʿah, particularly the protection of lineage, intellect, and welfare. This study contributes to the discourse on Islamic family law by emphasizing the need for integrative policies and community-based support systems to ensure the comprehensive protection of children's rights in migrant worker families.
Co-Authors Afiqah Daud, Nur Farahin Armiadi Musa Aulil Amri Aulil Amri Azka Amalia Jihad Boihaqi bin Adnan Cut Intan Salasiyah Dewi Arlina, Dewi Arlina Dwi Oktavia Dwi Oktavia Faisal Fauzan Farrah Maulina Fathia, Izza Alta Fithria, Nurul Gamal Achyar Gamal Akhyar H. Rajab Halmasiska Halmasiska Halmasiska, Halmasiska Idrus Afandi Akbar Israr Hirdayadi Izza Alta Fathia Jalil, Husni A. Kadri Khairul Khairiah Syahabuddin Khairoel Fattah Khairul, Kadri Khoirunnisa, Ade Layyinatusy Syifa luthfiani, amira MALA HAYATI, MALA Manuel Beltrán Genovés Marta, Rahma Fitria Muniruddin, Amesya Amani Fatiha Mustika Rani , Silvi Nabilla, Rafika Nada Adzkia Nahara Eriayanti Noor Fadillah Hayatusyifa Nur Ahmadi Akmal Nur Syahirah Binti Mohammad Nasir Ode, Wa Ulfa Rabzani Zammima Asri Purba Rasyad Riski, Afdhala Riskia Ulfa Riza Afrian Mustaqim Saifullah M. Yunus Shafiratunnisa, Shafiratunnisa Silvi Mustika Rani Siti Nurliyana Soraya Devy Sulaiman, Badri Hasan Tifany Mahdina Putri Uchime, Ozioma Victoria Zahratul Aini Zi, Fairuzi