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All Journal Kontekstualita: Jurnal Penelitian Sosial Keagamaan Jurnal Ilmiah Ekonomi Islam Undang: Jurnal Hukum Martabe : Jurnal Pengabdian Kepada Masyarakat TAHKIM Harakat an-Nisa: Jurnal Studi Gender dan Anak AKADEMIK: Jurnal Mahasiswa Humanis
Ayub Mursalin
UIN Sulthan Thaha Saifuddin Jambi
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : TAHKIM

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MEDIASI KELUARGA DALAM KRISIS: ANALISIS RENDAHNYA KESADARAN PUBLIK TERHADAP BP4 DALAM SISTEM PENYELESAIAN SENGKETA PERKAWINAN DI INDONESIA Rahmatullah, Reza; Muhammad, Fauzi; Mursalin, Ayub
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v21i2.11419

Abstract

This study aims to critically examine the low utilization of the Marriage Advisory, Guidance, and Preservation Agency (BP4) as a family mediation institution for resolving domestic conflicts in Indonesia. Based on a review of literature, regulatory documents, and previous research findings, it is known that BP4 has not been functioning optimally due to various structural, normative, and cultural factors. The results indicate that limited human resource capacity, inadequate budget and operational facilities, and low professionalism of mediators are the main obstacles in implementing BP4's mediation function. Furthermore, BP4's lack of integration with the formal legal system and the absence of regulations mandating pre-suit mediation have caused this institution to lose its legitimacy and strategic role. Negative public perceptions of the effectiveness of BP4 mediation also exacerbate low participation in this service. Using a theoretical approach based on legal awareness and conflict resolution, this study emphasizes the need for institutional reform of BP4, including strengthening regulations, training certified mediators, digitizing services, and increasing public trust. Comprehensive reform of this area is essential so that the BP4 can effectively carry out its preventive and resolutive functions in preventing divorce and strengthening family institutions in Indonesia. Keywords: BP4, family mediation, divorce, dispute resolution
URGENSI HIFZ AL-DĪN DALAM PENETAPAN HAK ASUH ANAK DI MALAYSIA: TINJAUAN MASLAHAH MURSALAH Khairul, Mohd; Pramadani, Putrina Srimulya; Haj, Hakan Alfijar; Muhammad, Pauzi; Mursalin, Ayub
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

Instilling religious values in children is a primary responsibility of every Muslim parent. This is crucial because religious education will shape children's behavior and morals in accordance with Islamic teachings. In this context, attention to children's religious education applies not only to intact families but is also highly relevant in situations of parental divorce. Children of divorced couples often face psychological and social instability, making the instilling of religious values a crucial factor in maintaining balance in their lives. In Malaysia, child custody, or hadhanah, is regThis study aims to analyze hadhanah regulations in Malaysia with a focus on protecting children's religious values. This study uses a normative approach, namely an approach that examines the law based on applicable norms, and uses the theory of maslahah mursalah as the basis for analysis. This research method is library research, with data sources derived from various scientific works such as journals, books, theses, and dissertations. Based on the results of the study, it was found that judges in the Malaysian Sharia Court place religious aspects as the primary consideration in deciding hadhanah cases. This indicates that protecting a child's religion is seen as part of hifdz al-dīn (maintaining religion), which is included in the hajiyah level in the hierarchy of needs according to maqāṣid al-sharī‘ah. Thus, hadhanah regulations in Malaysia are in line with sharia principles that emphasize the welfare of the community.ulated by Islamic family law. One crucial aspect of this regulation is protecting the child's religious beliefs to ensure they remain in line with Islamic beliefs and teachings, particularly when one parent is of a different religion or does not consistently practice Islam. Key words: Hadhanah, protection, religion, children.
Co-Authors Alfidani, M. Rizal Bahtiar L Bakhtiar Hasan Bayu Kurniawan Bayu Kurniawan Berta Salsabila, Elza Dwi Indah Lestari Elfath, Muhammad Asrowi Elza Berta Salsabila Fauzi Yudiyanto Habriyanto Habriyanto Haj, Hakan Alfijar Ibnu Katsir Indah Lestari, Dwi Irwandi Irwandi Irwandi Irwandi Khairul, Mohd Lamehan, Fazry M. Juridis Muhaibuddin M. Rizal Alfidani Masburiah Masburiah Mawadhah Putri, Fevi Muhaibuddin, M. Juridis Muhammad, Fauzi Muhammad, Pauzi Mutamassikin, Mutamassikin Nurlaila Nurlaila Pramadani, Putrina Srimulya Pratiwi, Novi Dian Qomariah Manurung, Aini Rahmatullah, Reza Ramdayeni Sakunti, Sri Sella Tasya Sulistiyo, Jatmiko Hary Tasya, Sella Umi Salamah Wildan Nur Hidayat Witri Witri Witri, Witri Yudiyanto, Fauzi