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All Journal JSEH (Jurnal Sosial Ekonomi dan Humaniora) Palapa: Jurnal Study Keislaman dan Ilmu Pendidikan Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam OIKOS: Jurnal Kajian Pendidikan Ekonomi dan Ilmu Ekonomi AT-TURAS: Jurnal Studi Keislaman Sakina: Journal of Family Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Majaalis : Jurnal Dirasat Islamiyah GUYUB: Journal of Community Engagement AL IQTISHOD: Jurnal Pemikiran dan Penelitian Ekonomi Islam Jurnal Hukum Lex Generalis MAQASHID : Jurnal Hukum Islam Jurnal Pengabdian Masyarakat Indonesia Jurnal Bedah Hukum Jurnal Preferensi Hukum (JPH) Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Jurnal Islam Nusantara Managere: Indonesian Journal of Educational Management Al Iqtishod: Jurnal Pemikiran dan Penelitian Ekonomi Islam
Sunarto, Muhammad Zainuddin
Fakultas Agama Islam, Universitas Nurul Jadid Paiton Probolinggo, Indonesia
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Public Health Social Sciences Other

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Analisis Penjatuhan Hak Hadhanah pada Perempuan dalam Tinjauan Maqashid As-Syari’ah Muhammad Zainuddin Sunarto; Diah Uswatun Hasanah
Jurnal Hukum Lex Generalis Vol 6 No 2 (2025): Tema Hukum Islam
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i2.823

Abstract

Hadhanah in Islamic law, which are usually given to mothers, from the point of view of Maqashid as-Syari'ah according to Imam Al-Syatibi. Emphasizes that custody rights must be based on the child's benefit in accordance with the five main objectives of Maqashid as-Syari'ah. UUD No. 23 of 2002 also emphasizes the best interests of children. As a result, the proper hadhanah needs to be applied flexibly and comprehensively, balancing the duties of social support, motherhood, and fatherhood. flexible legal regulations are required to preserve children's wellbeing and strike a balance between parents' rights and responsibilities.
CHILD PROTECTION IN THE PERSPECTIVE OF MULTICULTURALISM: BRIDGING TRADITIONAL VALUES AND MODERN LEGAL POLICY Sunarto, Muhammad Zainuddin
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.13602

Abstract

This study aims to analyze how child protection principles can be reconciled with traditional values through a multiculturalism approach. In Indonesia, which is rich in ethnic, cultural, and religious diversity, child protection often faces significant challenges due to the differences between positive law and local cultural practices. Some traditional values, such as child marriage and corporal punishment as a form of discipline, often conflict with the child rights principles outlined in national and international law. This approach suggests the need for reconciliation between existing social norms in society and proactive legal policies that protect children. Through inter-cultural dialogue, reinterpretation of child-friendly religious values, and education based on universal human rights, child protection policies can become more contextual and effective. This study reveals that to create an ideal child protection system, cooperation between positive law and traditional values is required. The research is expected to contribute to the development of inclusive, just, and sustainable child protection policies that ensure children's rights in a safe, fair, and dignified environment.
Mediasi dalam Perspektif Maqashid Syariah: Studi tentang Perceraian di Pengadilan Agama Sunarto, Muhammad Zainuddin
JURNAL AT-TURAS Vol 6, No 1 (2019): Pendidikan dan Pemikiran Islam
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.65 KB) | DOI: 10.33650/at-turas.v6i1.573

Abstract

in a marriage relationship, there will must be a conflict between husband and wife, this cannot be denied because each partner has a sectoral ego. The conflict can sometimes be resolved peacefully, but not the least that ends in divorce. The divorce process is arranged, must go through the trial process of the Religious Court with the specified procedural law. The proceedings for a lawsuit in the Religious Court must go through a mediation process between the two parties. Mediation is a way in the process of resolving disputes outside the trial in the presence of a third party tasked with reconciling the parties. Mediation is a mandate of the law to be carried out, so that the proceedings in court can be in accordance with the principle, which is fast, simple and inexpensive. The necessity of conducting mediation in a court, especially a religious court, is to reduce the number of divorces which is increasing in number over the years. Solving problems through mediation, is also a manifestation of maqashid al-shariah, namely hifdz al-nasl, because when there are problems in marriage, the marriage relationship will be damaged and problems will occur. Following up on the maqashid, in Indonesia there was a requirement to carry out mediation in the settlement of every case that went to court. The main objective is to minimize cases that must be decided, so that mediation can be resolved peacefully and safely. Keywords: Maqashid Al-Shariah, Mediation, Religious Court
Study of Living Hadith; the Phenomenon of Different Religious Inheritance through Wasiat Wajibah Sunarto, Muhammad Zainuddin; Sumbulah, Umi
JURNAL AT-TURAS Vol 9, No 2 (2022): Sejarah Pemikiran dan Studi Islam
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v9i2.3880

Abstract

The Compilation of Islamic Law specifies that wills are only required for adopted children and their adoptive parents. The parties involved may petition the courts, even though these regulations are less binding. This research uses the type of normative legal research because what is examined in this research is the norm contained in the hadith texts related to the inheritance law above. The case approach is used as an approach in research because the case of inheritance of different religions that are discussed in a separate case within the family sphere, where there is no legal argument or norm that can answer the case above, so the case approach. The research results show that in Article 209 of the Kompilasi Hukum Islam (KHI), describe the law of Wasiat Wajibah. It cannot, therefore, be regarded contrary to Islamic law. Because leaving a bequest to an adopted kid or adoptive parent does not conflict with the general requirements of the Qur'an and the Prophet's Sunnah. The Cassation Decision No. 368 K/Ag/1995, issued 16 July 1998, marked the beginning of the practice of non-Muslim heirs obtaining a portion of the inheritance from Muslim heirs via Wasiat Wajibahs, which created a body of law within the Religious Courts. Non-Muslims inherit the same proportion of their Muslim parents' required bequests as other Muslim heirs. This necessary will is intended to preserve the integrity of the family and accommodate the multicultural, multiethnic, and multireligious nature of Indonesian society. In addition, implementing a sense of fairness is an advantage of this decision. Giving wills to non-Muslim spouses, children, parents, and relatives has contributed to the revival of Islamic law in Indonesia, demonstrating a sense of social fairness.
Co-Authors Abbas Arfan Achmad Naufal Baidawi Ahmad Baidawi Ahmad Fawaid Ahmad Nur Bustomi Aulia, Winda Chamdani, Zainuri Dewi Setya Ramadhania Nurjaki Diah Uswatun Hasanah Elmiyatus Soliha Fadil, Fadil Faiz Faiz Fathor Rozy Idhafi, Ahmad Imani, Nur Diana Liana, Karmilah Lutfatul Imamah Mamik Sari Dewi Maybelline Dona Rinandha Misroji, Misroji Mohamad Syariful Umam Ms. Sasmiati Muhammad Zaimul Millah Nabila Nabila Nabila, Nabila Naila Jaliyah Nora Naila Akmala Nur Khofifah Putri Nur Afrida Rif'ah Hasanah Sevi Yanti Dewi Siti Arofah Sitti Nur Halifa Suwandi Suwandi Syukron Jazila Tohet, Moh Tutik Hamidah Ulfah Shavira Ulfia Nuriantini Umi Sumbulah Viqi Fadilatur Rizqiyah Winda Aulia