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All Journal Tahkim (Jurnal Peradaban dan Hukum Islam) Usroh: Jurnal Hukum Keluarga Islam Jurnal Ilmiah Ekonomi Islam International Journal of Law Reconstruction Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah El-Usrah: Jurnal Hukum Keluarga Al-Syakhsiyyah : Journal of Law and Family Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Mutawasith: Jurnal Hukum Islam Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Jurnal Penegakan Hukum Indonesia (JPHI) Sosietas: Jurnal Pendidikan Sosiologi USRAH: Jurnal Hukum Keluarga Islam Bayani Yinyang: Jurnal Studi Islam Gender dan Anak Familia: Jurnal Hukum Keluarga COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Transformasi: Journal of Economics and Business Management Cakrawala: Jurnal Pengabdian Masyarakat Global Syakhshiyyah Jurnal Hukum Keluarga Islam Fastabiq: Jurnal Studi Islam Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Mawaddah: Jurnal Hukum Keluarga Islam As-Sakinah : Jurnal Hukum Keluarga Islam Jurnal Keadilan Pemilu Al-Usroh : Jurnal Hukum Keluarga Islam International Journal of Nusantara Islam Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues el-Bait: Jurnal Hukum Keluarga Islam Jurnal Legislasi Indonesia
Muhammad Husni Abdulah Pakarti
Universitas Muhammadiyah Bandung
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : Mawaddah: Jurnal Hukum Keluarga Islam

 1 
Perkembangan Hukum Islam Pasca Periode Taqlid (Kemapanan Mazhab) Muhammad Maisan Abdul Ghani; Ghina Ulpah; Muhammad Husni Abdulah Pakarti; Diana Farid
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.13

Abstract

Islamic law experienced dullness and decline after the period of taklid. However, that period disappeared after Muslims sought a solution so as not to be left behind from the West which was increasingly advanced while Islam was the opposite. The revolution of Islamic thought was present during the progress of Islam after blind taklid, spearheaded by Islamic thinkers of his time, such as Abdul, Sheikh Muhammad as-Sirhindi, Sayyid Ahmad Syahid, Muhammad Abdul Wahab and so on, which made Islamic law and Islamic thought advance again. This research aims to analyze the development of Islamic law after the taqlid period. This research uses a qualitative method with a literature study approach as a data search process. Primary and secondary data are obtained from books, electronic journal manuscripts that have been published in journals that have national and international reputations related to the development of Islamic law during the taqlid period. After the data has been obtained, data analysis is carried out to find answers to the problems raised and after that the real conclusion is drawn. The results showed that Islamic law experienced a period of development, one of which is called the Awakening period which began in the second part of the 19th century until now, with the central figures being Jalaluddin Al-Afghani (1839-1897) and Muhammad Abduh (1849-1905). Their thoughts were heavily influenced by those of Ibn Taymiyyah (1263-1328). The first characteristic is the call to establish Pan Islamism and make comprehensive changes to the Islamic world, especially in the field of utilizing reason over the Qur'an and Sunnah and at the same time releasing ties from the shackles of the madhhab. Mazhab is something common, but excessive bigotry against the mazhab is something that perishes and destroys. Second, the approach to Islamic law through Mazhab Comparison, both the Shafi'i, Maliki, Hanafi and Hambali madhabs plus the Shi'a Mazhab. Comparisons are even made with Western legal systems and other laws. Third, it is characterized by considerable attention from the European and Western world in general to study Islamic law so that they make Islamic law an official subject in the Faculty of Law. Fourth, from the development of Islamic law is the tendency in Muslim countries to return to Islamic Law as seen in the Middle East and in Southeast Asia. Even if the country is not an Islamic state, the law applied in it is Islamic law.
PERLINDUNGAN HAK ANAK DALAM PERCERAIAN MENURUT HUKUM KELUARGA ISLAM Muhammad Husni Abdulah Pakarti
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.1

Abstract

This study aims to examine the protection of children's rights in cases of divorce according to Islamic family law. Divorce is a problem that often occurs in family life and can have a negative impact on children. Therefore, it is important to understand how Islamic family law provides protection for children's rights in the context of divorce. Normative legal research methods with a literature study approach. The data used are relevant legal materials, including the Al-Qur'an, hadith, as well as the opinions of Islamic scholars and jurists regarding issues of divorce and protection of children's rights. The results of this study indicate that Islamic family law pays great attention to the protection of children's rights in divorce cases. Islamic law emphasizes the importance of maintaining the integrity of the family and the well-being of children as a top priority. In the context of divorce, Islamic law places a great responsibility on both parents to protect the rights of the child, including the rights to life, education, health and security. In addition, Islamic family law also provides clear guidelines regarding divorce procedures and children's rights after the divorce occurs. In terms of child care, Islamic law encourages parents to reach a good and fair agreement in the best interest of the child. If there is no agreement, the judge will decide on child care based on the principles of fairness and the best interests of the child.
PERKEMBANGAN HUKUM ISLAM PASCA PERIODE TAQLID (KEMAPANAN MAZHAB) Muhammad Maisan Abdul Ghani; Ghina Ulpah; Muhammad Husni Abdulah Pakarti; Diana Farid
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.5

Abstract

Islamic law experienced dullness and decline after the period of taklid. However, that period disappeared after Muslims sought a solution so as not to be left behind from the West which was increasingly advanced while Islam was the opposite. The revolution of Islamic thought was present during the progress of Islam after blind taklid, spearheaded by Islamic thinkers of his time, such as Abdul, Sheikh Muhammad as- Sirhindi, Sayyid Ahmad Syahid, Muhammad Abdul Wahab and so on, which made Islamic law and Islamic thought advance again. This research aims to analyze the development of Islamic law after the taqlid period. This research uses a qualitative method with a literature study approach as a data search process. Primary and secondary data are obtained from books, electronic journal manuscripts that have been published in journals that have national and international reputations related to the development of Islamic law during the taqlid period. After the data has been obtained, data analysis is carried out to find answers to the problems raised and after that the real conclusion is drawn. The results showed that Islamic law experienced a period of development, one of which is called the Awakening period which began in the second part of the 19th century until now, with the central figures being Jalaluddin Al-Afghani (1839-1897) and Muhammad Abduh (1849-1905). Their thoughts were heavily influenced by those of Ibn Taymiyyah (1263-1328). The first characteristic is the call to establish Pan Islamism and make comprehensive changes to the Islamic world, especially in the field of utilizing reason over the Qur'an and Sunnah and at the same time releasing ties from the shackles of the madhhab. Mazhab is something common, but excessive bigotry against the mazhab is something that perishes and destroys. Second, the approach to Islamic law through Mazhab Comparison, both the Shafi'i, Maliki, Hanafi and Hambali madhabs plus the Shi'a Mazhab. Comparisons are even made with Western legal systems and other laws. Third, it is characterized by considerable attention from the European and Western world in general to study Islamic law so that they make Islamic law an official subject in the Faculty of Law. Fourth, from the development of Islamic law is the tendency in Muslim countries to return to Islamic Law as seen in the Middle East and in Southeast Asia. Even if the country is not an Islamic state, the law applied in it is Islamic law.
The Inheritance Rights Of Children From Marriage Are Not Recorded According To The Marriage Law And The Compilation Of Islamic Law Wahidin, Jenal; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Fathiah, Iffah; Mabruri, Kemal Al Kautsar
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i2.15

Abstract

This research focuses on the inheritance rights of children from unregistered marriages in the Compilation of Islamic Law. Although marriages are supposed to be registered, situations where they are not recorded can have an impact on the inheritance rights of children. This research uses a qualitative research method with a normative juridical approach that is carried out based on legislation, which in this case includes the Civil Code, Law No. 1 of 1974. Data is obtained from sources of Law, Civil Code and journals. Data analysis is carried out to filter the data obtained and collected according to its type and finally draw conclusions from the findings obtained. The results show that children from irri marriages previously only received inheritance from the mother and the mother's family. However, the decision of the Constitutional Court allows extra-marital children to inherit from their biological father if legally proven. The Compilation of Islamic Law states that children from irri marriages only have a nasab relationship with the mother and her family, not with the father. Parents can apply for itsbat nikah to confirm the legal relationship, providing inheritance protection. However, if itsbat nikah is rejected, the child is not entitled to receive inheritance from the father. In conclusion, children from irri marriages have inheritance rights depending on the legal recognition of the relationship with their parents.
Gender Roles And The Redefinition Of Family Law: Toward A Modern Family With Justice Judijanto, Loso; Sistyawan, Dwanda Julisa; Kariyasa, I Made; Amiruddin; Abdulah Pakarti, Muhammad Husni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.37

Abstract

Gender roles in society have undergone significant changes in recent decades. Social transformation, economic progress, and the increasingly championed gender equality have influenced the dynamics of family law. This research aims to analyze gender roles and the redefinition of family law: towards a modern family with justice. This research uses a qualitative approach with the method of literature study and lawyer analysis. Literature study, collecting data from various written sources, such as books, scientific journals, news articles, and official documents. And discourse analysis, analyzing legal texts, regulations, and mass media. Data analysis uses thematic analysis to identify themes in the data. As well as using interpretative analysis to understand the meaning of the data and produce new findings. The results showed that gender roles are still very strong in Indonesian families, with an unfair division of labor between men and women. This causes women to experience a double burden and injustice in the family. Family law in Indonesia also still contains many elements of discrimination against women, such as in terms of marriage, divorce, and inheritance. Causing women not to get their full rights in the family. To realize a modern family with justice, a redefinition of gender roles and family law is needed. Redefinition of gender roles needs to be done by changing the mindset and behavior of the community about the roles of men and women in the family. Redefinition of family law needs to be done by changing laws and regulations that discriminate against women.
Co-Authors Abdurrohman, Yusup Afifah Nur Hamidah Ais Surasa Al Kautsar Mabruri, Kemal Amiruddin Andriyani Andriyani Arfi Hilmiati Armai Arief Azhar Muhamad Akbar Banaesa, Iba Basuni, Ilyas Dety Mulyanti Diana Farid Diana Farid Diana Farid Diana Farid Diana Farid Diana Farid Diana Farid Edy Saputra Farid, Diana Farid, Diana Fathiah, Iffah Fikfik Taufik Ghina Ulpah Ghina Ulpah Ghina Ulpah Ghina Ulpah Gilang Sukma Permana Gunawan, Moh Sigit Haerani, Ruslan Harmono HARMONO HARMONO Hasan, Muhammad Farid Hasna Amiroh Malda Hendra Maulana Hendriana Hendriana Hendriana Hendriana Hendriana Hendriana Hendriana Hendriana Hendriana Hendriana, Hendriana Hendriana, Hendriana Hendriana4 Heni Mulyasari Hilma Fanniar Rohman Husain Husain Husain I Made Kariyasa Iffah Fathiah Iffah Fathiah Indra Budi Jaya Judijanto, Loso Kadir, Taqyuddin Kemal Al Kautsar Mabruri Kemal Al Kautsar Mabruri Kemal Al Kautsar Mabruri Mabruri Khasna Rif'atunnabilah Kurniawan, Lexy Fatharany Lexy Fatharany Kurniawan Lina Marlina Susana Mabruri, Kemal Al Kautsar Masyitoh Chusnan Mochamad Faizal Almaududi Aziz Dachlan Moh. Imron Taufik Mohamad Hilal Nu'man Mohamad Hilal Nu’man Mohamad Muidul Fitri Atoilah Mohammad Ridwan Muhammad Afif Muhammad Maisan Abdul Ghani Muhammad Maisan Abdul Ghani Muhammad Nur Muhajir Nada Siti Hasanah Nahdia Nazmi Noor, Tajuddin Nur Alim Nur Azizah Nurdin, Rahmat Nurul Afifah Nu’man, Mohamad Hilal Otong Syuhada Ratu Tiara Zilliavirni Rheza Fasya Ridha Romdiyani Ridwan Ridwan Robet Andika Saputra Roby Putra Yahya Saepullah, Usep Safriani, Laela Sistyawan, Dwanda Julisa Siti Mustaghfiroh Sofyan Mei Utama Sofyan Mei Utama Sofyan Mei Utama Sofyan Mei Utama, Sofyan Mei Surasa, Ais Suwarsono, Hendri Taufid Hidayat Nazar Taufik Maulana Ulpah, Ghina Ulummudin, Ulummudin Usep Saepulloh Wahidin, Jenal Wasdikin Wasdikin Yahya, Roby Putra Yogi Iskandar Yudi Daryadi Zulkifli Makkawaru