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Child Support dalam Perspektif Maqashid Syari’ah: Relevansi untuk Kasus Perceraian Modern Fauzan Fauzan; Rizal Darwis; A. Zamakhsyari Baharuddin
Social Science Academic Vol. 4 No. 1 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/ssa.v4i1.9504

Abstract

Modern divorce cases in Indonesia show a significant upward trend, with data from the Religious Courts recording 446,000 divorce cases in 2024. This phenomenon has a direct impact on the fulfillment of children's rights, particularly regarding child support, which is often understood only formally without considering the child's holistic interests. This article aims to analyze the concept of child support from the perspective of the maqasid sharia and its relevance to resolving modern divorce cases, with a focus on protecting the five main elements of maqasid. This research uses a qualitative approach with library research and analysis of court decisions. The analytical framework used is maqasid sharia, which serves as a surgical tool to evaluate existing child support practices. Research has found that child support under the Maqasid Sharia (Islamic law) is not limited to material support (food, clothing, and shelter), but encompasses the protection of five essential elements: religion (hifzh al-din), life (hifzh al-nafs), intellect (hifzh al-'aql), offspring (hifzh al-nasl), and property (hifzh al-mal). In the context of modern divorce, child support must ensure the continuity of education, psychological health, and the formation of a child's religious identity. This finding aligns with research by Zuhdi et al. (2024), which states that confiscating a husband's assets as a guarantee of child support provides benefits in the form of hifdz nafs (self-support) and hifdz aql (intellect). The Maqasid Sharia approach offers a more comprehensive and adaptive framework than the classical, textual approach of Islamic jurisprudence. This research recommends the need for Maqasid-based child support standards in the compilation of Islamic law and the strengthening of the capacity of judges and mediators in applying this approach in religious courts.
When Clerical Errors Become Court Cases: Administrative Justice and the Judicialization of Marriage Registration in Indonesia Rois Fadzi Ahmad Ravi; Rizal Darwis; Dulsukmi Kasim; Muhammad Yusril Al Usmani
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3930

Abstract

This article analyzes the juridical and socio-legal implications of the judicialization of marriage biodata correction under the Regulation of the Minister of Religious Affairs (PMA) Number 30 of 2024 in Indonesia. The regulation requires that all amendments to marital biodata be resolved through judicial determination, shifting corrective authority from the Office of Religious Affairs (KUA) to the Religious Courts. This policy change raises concerns regarding administrative justice, public service efficiency, and access to justice in family law administration. Using a combined normative juridical and socio-legal approach, the study examines the evolution of marriage registration regulations from PMA No. 11 of 2007 to PMA No. 30 of 2024. It analyzes empirical data from biodata amendment cases adjudicated by the Religious Court of Suwawa between January and October 2025. The findings reveal a non-linear regulatory trajectory marked by alternating phases of administrative flexibility and judicial centralization, as well as persistent ambiguity in distinguishing clerical corrections from substantive amendments. Empirically, most court applications involve minor typographical errors previously resolvable administratively. The article argues that this condition reflects over-judicialization of administrative corrections. It concludes that technically non-substantive biodata corrections should be reintegrated into the administrative authority of the KUA through a structured and accountable administrative self-correction mechanism to promote proportionality, efficiency, and public service justice.
Realitas Perkawinan Beda Agama pada Masyarakat Sangalla Selatan Kabupaten Tana Toraja (Analisis Hukum Islam) Buhari Pamilangan; Anita Marwing; Rizal Darwis
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.3059

Abstract

This article discusses interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency with the following problems: 1) factors causing of interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency; 2) the implications caused by interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency; and 3) how to minimize interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency. This research is a qualitative study that uses normative theological, juridical, cultural sociological, and historical approaches. Data collection techniques were carried out through observation, interviews, and documentation. Interviews were conducted with religious leaders, community leaders, traditional leaders, the head of the religious affairs office (KUA), and perpetrators of interfaith marriages in South Sangalla District, Tana Toraja Regency. The results showed that: 1) the occurrence of interfaith marriages in South Sangalla Subdistrict, Tana Toraja Regency is due to several factors, namely: women's freedom to choose prospective husbands, legitimization of interfaith marriages by custom, lack of religious knowledge and feelings of like and love; 2) the implications of interfaith marriages, namely: it is difficult to realize the purpose of marriage because of differences in spiritual principles, so that it has the potential to cause disputes and cause problems for children, especially in determining the child's religion and school; and 3) efforts to minimize the occurrence of interfaith marriage can be done internally and externally.
Hak Anak dan Pola Asuh Pasca Perceraian di Kecamatan Mungkajang Kota Palopo Perspektif Fikih Parenting Zulayka Muchtar; Anita Marwing; Muhammad Tahmid Nur; Rizal Darwis
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4623

Abstract

This study aims to analyze children's rights and parenting patterns in post-divorce in Mungkajang Sub-district, Palopo City. This research was analyzed by descriptive qualitative with a religious approach (fiqh parenting, parenting jurisprudence). Data were collected through documentation and interviews with parents and children. The results showed that: (1) the form of fulfilment of children's rights after divorce in Mungkajang District is divided into: democratic parenting (fulfilment of children's rights from the father), authoritarian parenting (fulfilment of children's rights from the mother) and permissive parenting (fulfilment of children from the father and mother), and children at an individual stage; (2) Factors that influence parenting patterns that come from fathers are parental relationships and parental age with a model of practicing children's worship in the form of the implementation of 5-time prayers and Ramadan fasting that is well implemented, and the implementation of reading the Koran 2 to 3 times a week; Factors influencing parenting patterns originating from mothers are the involvement of parents with a model of practicing children's worship in the form of the implementation of 5-time prayers and fasting Ramadan which is well implemented, and the implementation of reading the Koran is uncertain; and factors influencing parenting patterns originating from both parents are the age of parents and the practice of parenting children with a model of practicing children's worship in the form of 5-time prayers, fasting and reading the Koran has been going well.