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Perjanjian Perkawinan Baru: Model Perjanjian Perkawinan Berbasis Maqashid Syariah Sebagai Solusi Menguatkan Ketahanan Keluarga Rasidin, Mhd.; Sidqi, Imaro; Witro, Doli; Busni, Darti
Al-Ulum Vol. 23 No. 2 (2023): Al-ULum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/au.v23i2.3328

Abstract

This article aims to discuss marriage agreements in strengthening family resilience in Indonesia and tries to implement them with a different concept than the previous concept through the basis of Maqashid Syariah as its construction epistemology. This article is a juridical-normative research, which uses the maqashid sharia approach and gender through descriptive-qualitative analysis. This article finds that marriage agreements in Indonesia are described or based on several existing laws, including; the Civil Code, Marriage Law (UUP), and Compilation of Islamic Law (KHI). The marriage agreement must be implemented because the marriage agreement itself is considered very important to be formed by each family because it can lead the family to become sakinah, mawadah, and waramah. In addition, marriage agreements, both formal and substantial, need to be revised in detail and not discriminate so that they have a new concept that is more up-to-date and represents legal objectives so that it can strengthen the resilience of families in Indonesia, the impact of which is to reduce the ever-increasing divorce.
Post-Divorce Rights of Women and Children in Pekalongan City, Central Java: Challenges in Islamic Law Analysis Syukrawati, Syukrawati; Sidqi, Imaro; Nisa, Siti Maymanatun; Zufriani, Zufriani; Witro, Doli
Al-Ahkam Vol. 34 No. 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20624

Abstract

The rights of women and children after divorce are often neglected. The article examines the reality of children's and women's rights in Pekalongan City, Central Java, Indonesia, focusing on the causes of non-fulfillment and the legal consequences. Data from 10 court decisions from the Pekalongan City Religious Court revealed a gap between post-court decision reality and the fulfillment of these rights. The research found that the non-fulfillment of children's and women's rights after divorce in Pekalongan is due to a lack of public knowledge about post-divorce execution procedures and related rights. The difficulty of spouses in ensuring the fulfillment of these rights is also reflected in the lack of application of Islamic legal knowledge on the obligation to provide maintenance by husbands. The legal consequences are devastating, emphasizing the need for improvements in the legal system, increased public knowledge, and the application of Islamic legal principles.