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PERJANJIAN KERJASAMA PADA PENGGARAPAN LAHAN KEBUN KOPI DAN SISTEM BAGI TANAH DALAM PERSPEKTIF AKAD MUGHARASAH : Studi Tentang Implementasi Bagi Due Tanoh di Kalangan Petani Kopi di Kecamatan Atu Lintang Jamhuri; Amalia Jihad, Azka; Safitri, Amalia
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 1 No. 2 (2020): Al-Mudharabah : Jurnal ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v2i2.1294

Abstract

The Application of Hadhanah Rights for Muallaf Parents and Its Consequences on Child Welfare in Malaysia (An Analysis of Federal Court Decision No. 02-19-2007 (W)): Penerapan Hak Hadhanah Bagi Orang Tua Muallaf dan Konsekuensinya Terhadap Kesejahteraan Anak di Malaysia (Analisis Putusan Mahkamah Persekutuan No. 02-19-2007 (W)) Hanapi, Agustin; binti Zakri, Nur Afifah; Amalia Jihad, Azka
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): 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.v4i2.5677

Abstract

There is a discrepancy between Malaysia's positive law which stipulates that the right to hadhanah (custody) of a child must be given to Muslim parents, and the court ruling that gives non-Muslim mothers the authority to take care of the child. Therefore, there needs to be a deep understanding of how the decision contributes to the best interests of the child and the protection of the child. This article aims to analyze the implementation of hadhanah rights for parents of converts in Islamic family law in Malaysia. This study uses qualitative methods and normative legal approaches, focusing on the Federal Court decision No. 02-19-2007 (W) on the right of hadhanah for parents of converts in Malaysia. Data sources include laws, judges' decisions, and legal literature. Data were collected through literature studies and analyzed inductively. The results of the study show that the Federal Court's decision emphasizes the importance of mutual consent in decision-making related to custody, where the welfare of the child is the top priority. The decision underlines that child protection should include various aspects, such as collaborative custody, emotional well-being, appropriate religious education, and protection from negative influences. Thus, this research contributes to the development of Islamic family law and emphasizes the importance of child protection in the legal system.
The Position of Walimatul ‘Urs in Aneuk Jamee Society from the Perspective of Maqāṣid Sharia: Kedudukan Walimatul ‘Urs Dalam Masyarakat Aneuk Jamee Dari Perspektif Maqāṣid Syariʽah Sabil, Jabbar; Amalia Jihad, Azka; Yulyana Mahendra, Cut Putri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (2021): 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.v1i2.1621

Abstract

Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqāṣid shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqāṣid shari'ah, if it is difficult then it is not in accordance with maqāid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.