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All Journal Jurnal Ilmiah Pendidikan Citra Bakti Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam ELFALAKY: Jurnal Ilmu Falak MAQASIDI Al-Afaq: Jurnal Ilmu Falak dan Astronomi Kalosara: Family Law Review Jurnal Ilmiah Pendidikan Citra Bakti
Arino Bemi Sado
Fakultas Syariah dan Ekonomi Islam IAIN Mataram
Religion Humanities Astronomy Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Navigating Divorce in the Global South: Comparative Insights into Legal Procedures and Gender Implications in Muslim-Majority Countries Wadi, Lalu Tambeh; Muhasim, Ahmad; Sado, Arino Bemi; Muhammad Haydar Al Kautsar
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11721

Abstract

Although research on divorce has been extensively documented, studies focusing on the Global South remain limited. To address this research gap, this study aims to analyze a comparative overview of divorce regulations in Indonesia, Malaysia, Pakistan, Egypt, Morocco, Tunisia, and Turkey, highlighting implementation procedures and their impacts. This study employs a content analysis design of the divorce regulations applicable in the seven countries. The method used is normative research with a comparative approach. The study is grounded in Islamic family law theory as the analytical framework. The findings indicate that in Indonesia and Malaysia, divorce is processed through religious courts, with child custody and alimony rights ensured, although property division remains conservative. Pakistan permits unilateral talaq, but legal procedures for women are complex to access, and social stigma is high. Egypt, Morocco, and Tunisia grant broader rights to women, with fair property division and protection of child custody rights. Turkey combines Islamic and secular law with equitable procedures. Similarities lie in child custody and alimony rights, while differences exist in women’s access, property division, and socio-cultural impacts. Challenges include unequal rights, social stigma, and complex legal procedures. Opportunities for legal reform involve expanding women’s rights and fair property distribution. The study’s implications emphasize the need for reforms in Islamic family law to enhance gender equality and protect women’s rights. Keywords: Divorce, Comparative Law, Global South
Comparison of Methods for Resolving Child Custody Disputes After Parental Divorce Rezky, Nadia; Sado, Arino Bemi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4483

Abstract

This research aims to analyze the comparison of two post-divorce child custody dispute resolution methods (litigation and non-litigation) along with the obstacles and challenges faced in finding a solution. This research is qualitative research with field research methods and data obtained through observation, interviews and documentation. The result is obstacles in resolving child custody disputes through litigation methods in court which require a long time, large costs and are difficult to implement the judge's decision, especially if the child is in the control of the losing party and does not want to hand over the child voluntarily. There are no specific rules regarding the implementation of hadhanah and considering the child's psychology, so that often the judge's decision is an illusory (futile) decision. Meanwhile, the obstacles to the non-litigation method are that it relies heavily on cooperation and awareness of both parties and there is still a lack of access to special services for the general public to carry out mediation without having to go to court. For this reason, it is necessary to increase competence and innovative approaches for professionals involved in resolving child custody disputes, the formation of policies that are oriented towards the interests of children and awareness of parents to prioritize the best interests of children rather than ego alone.
ISLAMIC FAMILY LAW AND PUBLIC EDUCATION ON CRYPTOCURRENCY: A FRAMEWORK FOR COMPLIANCE AND AWARENESS Ruchmana, Riza; Muhasim; Sado, Arino Bemi
Jurnal Ilmiah Pendidikan Citra Bakti Vol. 11 No. 4 (2024)
Publisher : STKIP Citra Bakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38048/jipcb.v11i4.3899

Abstract

Public education about cryptocurrency within the Muslim community is still limited, with many individuals not understanding the potential benefits and associated risks. This creates a significant knowledge gap in the context of Islamic family law. This study aims to enhance understanding of cryptocurrency through a public education approach focused on the perspective of Islamic family law. The methodology employed in this research is a literature review, analyzing various literature, articles, and guidelines from religious authorities and Islamic finance experts. The results indicate that the majority of the Muslim community has not received adequate education regarding cryptocurrency, hindering their ability to invest wisely. Effective public education can improve public understanding and awareness of the benefits and risks of cryptocurrency, ensuring its use complies with Islamic law principles. These findings highlight the importance of support from religious authorities and Islamic finance experts in providing accurate and relevant guidance. With a holistic and structured approach, public education can help Muslims make better decisions regarding investment and the use of cryptocurrency in their daily lives.
Co-Authors Adawiyah, Siti Rabi'atul Ahmad Muhasim Andini, Baiq Anggi Azman Ab Rahman Gazalba, Muhammad Zafanka khaliq, Munawwir Muhammad Awaludin Muhammad Haikal Rivaldi Muhammad Haydar Al Kautsar Muhasim Rezky, Nadia Ruchmana, Riza Sofyan, Muhammad Saleh Sona, Wahyu Abdul Muttakin Taufikurrahman, Arief Wadi, Lalu Tambeh