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All Journal Al-Tahrir: Jurnal Pemikiran Islam Jurnal KACA
Anshori, Ma'sum
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Ensuring The Best Interests of the Child in Divorce Judgments Through the Lens of Maslaḣah Principles Anshori, Ma'sum; Hayat, Teten Jalaludin
AL-TAHRIR Vol 24 No 1 (2024): Islamic Studies
Publisher : IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/altahrir.v24i1.7123

Abstract

This research analyzes the concept of the child's best interests in divorce judgments from the perspective of the principle of maslahah, with a focus on Verdict Number 225/Pdt.G/2023/PA.Bkls. The study aims to explore how court decisions consider the welfare of the child in the context of divorce, particularly concerning custody and post-divorce financial arrangements. The analytical approach encompasses legal aspects and judicial considerations related to the principle of maslahah. The identified academic problem is the ambiguity in applying the best interests of the child principle in divorce judgments in Indonesia, which often overlooks the aspect of maslahah. The research findings indicate that although the principle of maslahah is frequently mentioned, its implementation is still limited and requires enhancement in judicial practice. This study provides an in-depth understanding of the implementation of the child's best interests in the context of divorce and recommends improvement measures to effectively protect the rights and interests of children in the future. This research is expected to guide wise decision-making among legal practitioners and judicial institutions in handling divorce cases involving children.
Ensuring The Best Interests of the Child in Divorce Judgments Through the Lens of Maslaḣah Principles Anshori, Ma'sum; Hayat, Teten Jalaludin
AL-TAHRIR Vol 24 No 1 (2024): Islamic Studies
Publisher : IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/altahrir.v24i1.7123

Abstract

This research analyzes the concept of the child's best interests in divorce judgments from the perspective of the principle of maslahah, with a focus on Verdict Number 225/Pdt.G/2023/PA.Bkls. The study aims to explore how court decisions consider the welfare of the child in the context of divorce, particularly concerning custody and post-divorce financial arrangements. The analytical approach encompasses legal aspects and judicial considerations related to the principle of maslahah. The identified academic problem is the ambiguity in applying the best interests of the child principle in divorce judgments in Indonesia, which often overlooks the aspect of maslahah. The research findings indicate that although the principle of maslahah is frequently mentioned, its implementation is still limited and requires enhancement in judicial practice. This study provides an in-depth understanding of the implementation of the child's best interests in the context of divorce and recommends improvement measures to effectively protect the rights and interests of children in the future. This research is expected to guide wise decision-making among legal practitioners and judicial institutions in handling divorce cases involving children.
The Conception of Rahmah li al-‘Ālamīn through Integration Both Fiqh and Sufism Anshori, Ma'sum; Hayat, Teten Jalaludin
KACA (Karunia Cahaya Allah): Jurnal Dialogis Ilmu Ushuluddin Vol. 13 No. 1 (2023): Februari
Publisher : Fakultas Ushuluddin dan Dakwah Institut Al Fithrah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36781/kaca.v13i1.361

Abstract

Since the beginning, Islam has promised universal and global goodness (raḣmah li al-‘ālamīn). It's just that in reality the goodness was still particular and local. This imbalance is caused by an unequal understanding between the dimensions of exoteric fiqh (body) and esoteric sufism (mind) which represents the human condition which consists of body and mind. Thus, this research is aimed at explaining the universality of Islam for global goodness through integration between both dimensions. This research is a library research. The method used is the thematic method, to explore and confirm a theory to its deepest intent. The analytical tool used for this purpose is content analysis. The results of the analysis show that the fiqh-exoteric dimension will produce physical goodness (maqāṣid al-sharī’ah), and the sufism-esoteric dimension will produce spiritual goodness (maqasid al-ṣūfiyyah), so that with the integration of the two, the goal of Islamic universality (maqasid al-dīniyyah) will be born.
Co-Authors Hayat, Teten Jalaludin