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Divorce in the Digital Era: Legal Analysis of Divorce via WhatsApp in the Perspective of Fiqh and Indonesian Positive Law Mukharom, Mukharom; Sugianto, Sugianto; Wasman, Wasman; Sukardi, Didi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6610

Abstract

This study aims to analyze the phenomenon of divorce carried out throughdigital communication media, especially the WhatsApp application, fromthe perspective of fiqh and positive Indonesian law. Along with thedevelopment of information technology, many couples have broken offtheir marital relationship through text messages, which raises questionsabout the legal validity of talaq carried out through the media. In fiqhstudies, talaq via WhatsApp is considered valid by some scholars if it meets the requirements of clear intentions and deliberate delivery. However, there is an opinion that direct interaction is more recommended. In Indonesia's legal system, divorce must be processed through religious court procedures to be considered legally valid. At the same time, talaq carried out via WhatsApp has not been explicitly regulated in the applicable laws and regulations. The study also identified the legal impact of digital divorce, including the difficulties faced by individuals who divorce without a court decision, such as the inability to prove divorce status and difficulties in remarriage. Based on these findings, the study recommends regulatory updates regarding digital divorce and the need for public legal education on divorce procedures in Indonesia.
MAHAR PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS: PEMAHAMAN BESARAN MAHAR DALAM LITERATUR HADIS: STUDI TEMATIK DAN HISTORIS Nurdiansyah, Enur; Wasman, Wasman; Rarawahyuni, Ika
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.279

Abstract

Dowry is a form of protection from Allah SWT towards the purity of human nature, as well as recognition of gender equality in Islamic law. Giving a dowry is a form of a man's sincerity in building a household together with a woman, and is an acknowledgment of the wife's rights in owning and managing property, as the husband has those rights. This research aims to determine the provisions at dowry levels according to the hadith of the Prophet Muhammad SAW. The research method used is qualitative library research. The dowry in Islamic law is not the price paid by the husband in a sale and purchase transaction. It is more about glorifying a man to the woman he marries. Therefore, a man who wants to get married should prepare an appropriate dowry to honor his future wife, and a woman should not make things difficult for her future husband by asking for an excessive dowry. Islam does not strictly limit the amount of dowry. The price of the dowry, whether in the form of goods or services, is up to the agreement between the prospective husband and the prospective wife. When the dowry is not mentioned or has not been agreed upon at the time of the marriage ceremony, a mitsil dowry can be determined whose amount is equal to the general one in the community where the bride lives.
Perlindungan Anak Angkat dalam Undang-Undang Nomor 23 Tahun 2002 dalam Perspektif Hifdz Al-Nasl Al-Ghazali Nasruddin, Nasruddin; Wasman, Wasman; Rofii, Ahmad; Setyawan, Edy; Fansuri, Hamzah
El 'Ailaah Vol 4 No 2 (2025): Settings Vol. 4 No. 2 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i02.303

Abstract

This study aims to analyze and explore legal protection for adopted children in the perspective of Law Number 23 of 2002 concerning Child Protection, by linking it to the hifdz al-nasl thinking according to Imam Al-Ghazali. Adoption in Indonesia is regulated by law to ensure the protection of the rights of adopted children, including the right to education, health, and inheritance. However, there are still various challenges in the implementation of adoption, such as the lack of public understanding of legitimate procedures and the existence of illegal adoption. In the context of Islamic family law, Imam Al-Ghazali's thinking on the protection of adopted children emphasizes the importance of maintaining the honor and welfare of children, although it does not change the status of their descendants. Protection of adopted children according to Al-Ghazali includes physical, social, and emotional aspects, and prioritizes the principle of hifdz al-nasl or protection of descendants. This study suggests the need for increased legal counseling and wider access to justice to improve the practice of adoption in Indonesia, as well as optimizing protection for adopted children so that they can grow up with their rights guaranteed. This study integrates the positive law approach and Islamic thought to provide a comprehensive picture of the protection of adopted children in Indonesia.
PAWON CATERING BUSINESS MARKETING STRATEGY IN KALITENGAH VILLAGE CIREBON Marogi, Helmi; Saefullah, Eef; Wasman, Wasman
Journal of Economic Development and Village Building Vol. 1 No. 1 (2023): Journal of Economic Development and Village Building
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jedvb.v1i1.2

Abstract

The purposes of this research are: to (1) Acknowledege marketing strategy of the Pawon Catering business; (2) Knowing the marketing effectiveness of Pawon Catering business; (3) Knowing the obstacles faced by Pawon Catering in conducting marketing. This study uses a descriptive qualitative research method that focuses on the MSME sector with the type of halal food, namely the catering business, with data collection techniques namely observation, interviews, and documentation techniques to Mrs. Lis as the founder of the business and her employees. Data analysis techniques were carried out in four stages, namely: analysis, reduction, display, and concluding. The results of this study indicate that the Pawon Catering business is running effectively, this is focused on the marketing strategy carried out where the marketing strategy has developed and increased because it utilizes technological aspects and the use of social media to attract the interest of potential consumers so that people become interested in using these products. Therefore, in terms of business, Pawon Catering is an effective business and has benefits for the surrounding community. This research is expected to be useful for the community and business actors in adding insight into the economy.