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All Journal Al-'Adalah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Hukama: The Indonesian Journal of Islamic Family Law Jurnal Hukum Islam dan Hukum Keluarga Journal of Shariah Economic Law Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Ma'u, Dahlia Haliah
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PELAKSANAAN KEWAJIBAN AYAH DAN UPAYA HUKUM IBU DALAM MEMBERI NAFKAH KEPADA ANAK PASCA PERCERAIAN DI KECAMATAN KAPUAS KABUPATEN SANGGAU Ananda, Wellanda Umi Fitri; Ma'u, Dahlia Haliah; Ardiansyah, Ardiansyah
Al-Usroh Vol. 3 No. 1 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.907

Abstract

Research aims; 1) Describe the practice of father's obligation to support children after divorce in Kapuas District, Sanggau Regency; 2) Describe the efforts that must be made by mothers so that fathers complete their responsibilities in supporting their children after separation in Kapuas District, Sanggau Regency. In this study, the researcher uses a field research type of research, namely to find out a phenomenon that occurs in the field by seeking as much data as possible and as accurately as possible with the facts that occur. In this appropriate examination technique to decide on the implementation of the father's commitment in providing a living for the child. Data collection methods used by scientists are perception, encounter and documentation. The findings of this study indicate that the implementation of the father's obligations in providing for his child after a divorce occurs in the Kapuas District, Sanggau Regency, varies. Gradually, the arrangement of living by the father was done voluntarily and not implemented. Meanwhile, the legal action that must be taken by the mother so that the father carries out his obligation to bear their children after the separation is that the mother has the right to file an objection regarding the child's maintenance to the Religious Court, if after the decision there is no good faith from the father. So the mother can submit an execution to the Religious Court with a note that the mother knows the financial ability of the ex-husband and what assets the husband has, in order to make it easier for the Court to execute him. In civil law there is no legal consequence that binds the father if he is negligent in providing a child's support, there is only an act of execution in the form of auctioning the goods or property owned by the father to pay for the child's debt. This execution can be carried out at the request of the mother, if there is no submission from the mother, then there is no punishment for the father. But in criminal law, the mother can file a criminal case against child abuse. So that the father can be punished physically, namely in prison. In Law No. 23 of 2004 concerning the Elimination of Domestic Violence, article 9 paragraph (1).
Interfaith Marriage Involving Muslims in Indonesia: Legal Pluralism and Maqāṣid al-Sharīʿah Perspectives Ma'u, Dahlia Haliah; Wagiyem, Wagiyem; Salma, Salma; Taqwa, Ria Hayatunnur
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 10 No. 2 (2025): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v10i2.11069

Abstract

In the Indonesian Islamic and society context, legal pluralism and interreligious interactions have potential. However, the ongoing and legally interfaith marriage continues to create a paradox. In accordance, the study examines the legal framework of interfaith marriage within the national legal framework, the pluralism in the law, and the judicial system, where legal enforcement is judged by maqāṣid al-sharīʿah principles. With a normative legal approach, this analysis is grounded in primary statutory paradigms, Islamic codifications, secondary administrative laws, and judicial practices and doctrines. Within this context, interfaith marriage has been indicated as an illegal marriage, not legally recognized within the religious framework. Although legal pluralism historically rose to various judicial practices, in Islamic divorce law, considerable differentiation has been eliminated. In creating and maintaining a unified linear hierarchy, subordinate norms must follow the Religious Norms. From the maqāṣid perspective, this unequivocally represents the protection of the Religion, the Preservation of the Order (Siyasah Shariyyah regarding the Ashabiyyah), the Posterity (Nasal), the Soul (Ruh), and the Property (Mal). The findings of this study indicate that Indonesia's regulation of interfaith marriages illustrates the purposeful incorporation of the Islamic law goals into the state’s family law and the strengthening of legal and social order within a pluralistic context.
Co-Authors Ananda, Wellanda Umi Fitri Andini, Irda ARDIANSYAH ARDIANSYAH Azizah, Hergi Novfitrianingsih Febriani, Sabila Hakimah, Nur Muhammad Hasan Muzammil, Sa’dulloh Nursafitri, Melisa Rahayu, Rita Mustika Rahmiani, Nur Sahid, Muallimin Mochammad Salma Salma Syafi'ie, Imam Taqwa, Ria Hayatunnur wagiyem, wagiyem