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All Journal Al Ahkam Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Halmi Abdul Halim
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Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN HUKUM ISLAM TERHADAP PEMBAYARAN GANTI RUGI MATERIIL NAFKAH BATIN SUAMI ISTRI YANG TIDAK TERPENUHI Halmi Abdul Halim
Al Ahkam Vol. 17 No. 1 (2021): Januari-Juni 2021
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v17i1.4284

Abstract

Marriage is a bond between a man as husband and woman as wife. Due to the bond between two people, according to civil principles, rights and obligations will arise. The rights and obligations of husband and wife have been regulated in the Marriage Law and the Compilation of Islamic Laws, one of which is the husband's obligation to provide for his wife. Nafkah can be divided into two, namely physical and mental income. Regarding the fulfillment of the inner income that is not fulfilled, it is used as an object for requesting payment of material compensation. This has not been regulated in statutory regulations. Then after being viewed from the perspective of Islamic law, there are no rules that regulate it. Keywords: Inner Life; Material Compensation; Islamic Law
Dekonstruksi Makna Hifz al-Nasl di Era Kontemporer: Analisis Hukum Keluarga Islam terhadap Pilihan Childfree Abdul Rahman; Yudi Wahyudin; Mumu Fahmudin; Abdul Kodir Alhamdani; Halmi Abdul Halim
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 3 No. 1 (2025): Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v3i1.2640

Abstract

The childfree phenomenon the deliberate choice of married couples not to have children is increasingly prevalent in Indonesia and has sparked serious debate in Islamic family law discourse, particularly regarding the principle of hifz al-nasl (preservation of progeny) as one of the fundamental elements of maqashid al-syari'ah. This study aims to deconstruct the meaning of hifz al-nasl from classical and contemporary perspectives, analyze the legal status of the childfree choice within the framework of Islamic family law, and formulate a comprehensive and contextual legal construction. This research employs a normative legal research method using library research, Jasser Auda's contemporary maqashid al-syari'ah approach, conceptual approach, and comparative approach. Data analysis was conducted qualitatively through content analysis, descriptive-analytical, deconstructive-reconstructive, and comparative techniques. The findings reveal three key conclusions: first, the deconstruction of hifz al-nasl produces a more comprehensive understanding through Jasser Auda's reconstruction that expands hifz al-nasl into hifz al-usrah (family protection), shifting the orientation of progeny preservation beyond mere biological reproduction to encompass family quality and overall well-being; second, the typological analysis of childfree yields a graduated legal mapping: voluntarily childfree without valid religious justification is ruled makruh to haram, temporarily childfree is permissible as equivalent to tandzim al-nasl, and voluntarily childfree due to medical emergency may be permitted; third, legal reconstruction based on Jasser Auda's system approach produces a more just and relevant legal construction for Muslim couples in Indonesia. This research contributes to the development of contemporary Islamic family law discourse in Indonesia.
Co-Authors Abdul Kodir Alhamdani Abdul Rahman Mumu Fahmudin Yudi Wahyudin