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All Journal Smart: Journal of Sharia, Tradition, and Modernity Journal of Islamic Mubādalah
Muslimin, A
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Fikih Mubadalah and Its Challenges: A Study of Household Conflict Resolution in Lampung Province Rofi'i, Hilmi Yusron; Qohar, Abd; Khudlori, Ahmad; Muslimin, A
Journal of Islamic Mubadalah Vol. 1 No. 2 December (2024)
Publisher : Pondok Pesantren Darul Fata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/w0xa2n54

Abstract

This article is about the method of resolving conflict in the household through the application of mubadalah jurisprudence. The household conflict in question is like inequality in the division of tasks and responsibilities, as well as the lack of balance in decision-making which often becomes a source of disputes between husband and wife. The formulation of the problem in this article is how mubadalah jurisprudence can be applied as a solution to resolving household conflict and what are the obstacles faced in its implementation. The method used is qualitative with a phenomenological approach. Primary data was obtained through in-depth interviews with married couples who face conflict, community leaders, and family consultants. The location of the research was carried out in urban and rural areas in Lampung Province, Indonesia. Data analysis was carried out using the mubadalah theory which emphasizes the principle of mutuality in husband and wife relations. The results of the study indicate that the application of the mubadalah concept can be an effective solution in reducing household conflict, mubadalah prioritizes a more balanced husband and wife relationship. However, obstacles in implementing this principle include the strong patriarchal cultural factor and the weakness of society regarding the principles of mubadalah. The practical contribution of this research is to the understanding of society and institutions implementing Islamic law, such as the Religious Court and the Office of Religious Affairs, when making peace efforts or fostering the bride and groom to understand the importance of the principles of mubadalah.
DISPUTE RESOLUTION OF JOINT PROPERTY AND INHERITED PROPERTY DUE TO DEATH DIVORCE BY MEDIATION Awaludin, Ridwan; Muslimin, A; Mukhlishin, Ahmad; Hoggart, Fiona
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.20603

Abstract

The problem of disputes over mutual assets or shared assets and inherited assets as a result of divorce and death is a matter that greatly affects the survival of the family left behind. This often leads to long conflicts. These conflicts sometimes cannot be resolved by the parties themselves, as was the case with one of the families in Tempuran Village, Trimurjo District. They resolve the conflict through mediation outside the court which of course presents a mediator as a neutral party. The formulation of the problem in this study is how to resolve disputes over shared assets and inherited assets in Tempuran Village, Trimurjo District? What is the method of mediation used to resolve joint and inherited property disputes between the wife's and stepfather's children in cases of divorce and death? This type of research is field research (Field Research), while the approach is qualitative with empirical laws that are anthropological social juridical. Data collection procedures were carried out through observation, interviews, and documentation. Primary data comes from interviews, while observation and documentation are secondary data that complements the primary data. The results of this study are that the distribution of joint assets (gono-gini) and inherited assets as a result of divorce is resolved through the kinship line. This family meeting is held to maintain family relations between stepfathers and stepchildren in harmony. The amount of the distribution of assets is in accordance with the agreement that has been mutually decided, namely the amount of distribution of assets back and forth and inherited assets for stepchildren is greater with a total of 2/3% of the existing assets. This is because the child's mother carries more assets than her stepfather.Keywords: Joint Assets, Inherited Assets, Divorced, Mediation Law.
Co-Authors Awaludin, Ridwan Hoggart, Fiona Khudlori, Ahmad Mukhlishin, Ahmad Qohar, Abd. Rofi'i, Hilmi Yusron