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All Journal Journal of Islamic Law and Wisdom SAMAWA: Jurnal Hukum Keluarga Islam
Akmal Abdul Munir
Universitas islam Negeri Sultan Syarif Kasim Riau
Religion Law, Crime, Criminology & Criminal Justice

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Analisis Hukum Islam dan Hukum Nasional terhadap Penjatuhan Talak melalui Media Sosial Muhammad Romi; Akmal Abdul Munir
Journal of Islamic Law and Wisdom Vol. 1 No. 1 (2025): June 2025
Publisher : Program Studi Magister Hukum Islam - UIN Bukittinggi

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This study aims to analyze Islamic law and national law in Indonesia regarding the imposition of divorce through social media. The focus of the study is directed at how Islamic law justifies divorce through social media as a valid written form of divorce, and how national law regulates formal divorce through the mechanism of the judicial institution. This study uses a qualitative method with a normative legal approach, namely examining the sources of classical and modern Islamic law, as well as the provisions of regulations in force in Indonesia, such as the Marriage Law, Compilation of Islamic Law, and other laws related to the law of divorce through social media. The results of this study indicate that Islamic law, divorce through social media is considered valid if it meets the requirements such as the existence of a clear or implied talaq statement accompanied by an intention, even though it is not said directly. On the other hand, in the Indonesian national legal system, divorce is only valid if it is decided by the Religious Court through a conference process. Thus, there is a difference in orientation between the two, namely Islamic law which emphasizes substantial and spiritual aspects, while national law emphasizes formality and procedure. Therefore, harmonization is needed between these two approaches so that the resolution of divorce cases can reflect the values of justice, welfare, and legal certainty in family and community life.
Hak Asuh Anak Pasca Perceraian dalam Sistem Hukum Keluarga Islam (Studi Perbandingan di Indonesia dan Malaysia) Muhammad Romi; Akbarizan; Akmal Abdul Munir
SAMAWA Vol 5 No 2 (2025): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

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Abstract This research discusses the regulation of child custody (hadhanah) after divorce in Islamic family law in Indonesia and Malaysia. The main focus lies on the juridical comparison and implementative practices in the two countries that have a background of Islamic law as part of their national legal systems. In Indonesia, child custody arrangements are regulated in the Compilation of Family Law, while in Malaysia it is regulated in the Islamic Family Law Act applicable in each state. This research uses a qualitative approach with a comparative law method and document analysis. The results of this study show that both countries recognize the principle of the best interests of the child as the main basis in determining custody, but there are differences in the decision-making mechanism, the role of Islamic courts, and the implementation of decisions in the field. This research recommends harmonizing the principles of child protection in the Islamic legal system with the development of international child rights to ensure optimal protection for children after divorce. Keywords: Child Custody, Divorce, Islamic Family Law
Co-Authors Ahmad Fauzi Akbarizan Mualimin Mochammad Sahid Muhammad Romi Muhammad Romi Zulkifli Zulkifli