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All Journal At-Tahdzib: Jurnal Studi Islam dan Muamalah An-nisa: Journal of Islamic Family Law
Muhammad Husni Abdulah Pakarti
Unknown Affiliation
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Peran Hukum Keluarga dalam Menghadapi Tantangan Poligami dalam Masyarakat Kontemporer Muhammad Husni Abdulah Pakarti; Sofyan Mei Utama; Diana Farid; Hendriana
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 11 No 2 (2023): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v11i2.303

Abstract

Backgound. Polygamy has long been a matter of debate in society, especially in the increasingly complex and globalized contemporary society. In this context, the role of family law becomes very important to face the challenges of polygamy and maintain a balance between traditional values and broader social developments. Aim. The purpose of this study is to determine the extent of the Role of Family Law in Facing the Challenges of Polygamy in Contemporary Society. Methods. The research method used is library research or literature review, this research uses data such as books, journals and other literature obtained from previous studies. after the data is obtained, descriptive analysis is carried out to describe the findings clearly. Results. The results show that the role of family law is very important in facing the challenges of polygamy in contemporary society. The law, MUI fatwa, religious views, women's human rights, and multiculturalism approaches can be a reference in minimizing the negative impact of polygamy practices and maintaining justice and equality between husband and wife.
The Principle of Guardianship in Marriage: A Philosophical Analysis of the Harmonization of Islamic Law and Indonesian Positive Law Muhammad Husni Abdulah Pakarti; Aden Rosadi; Usep Saepullah; Husain
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 2 (2025): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i2.188

Abstract

Guardianship in marriage law has an important position as one of the conditions for the validity of marriage in the perspective of Islamic law and also received recognition in the Indonesian national legal system. However, the application of guardianship principles in the context of positive law often raises debates, especially regarding the authority of the guardian, the position of women, and the limits of state intervention. This study aims to examine the principles of guardianship in the Indonesian marriage law system and its relevance to the values of justice and legal protection. This research uses a normative juridical approach with a literature study method. Sources of data are obtained from legislation, legal doctrine, and relevant court decisions. The analysis is done descriptively-qualitatively by tracing the concepts of guardianship in Islamic law, the Compilation of Islamic Law (KHI), and Law Number 1 Year 1974 on Marriage. The results show that the principle of guardianship in the Indonesian marriage legal system is based on the strong influence of Islamic law, especially in KHI. The marriage guardian is considered as a representation of honor and protection of women. However, there is also ambiguity in guardianship arrangements between the national legal system and social religious practices, which can lead to legal uncertainty. There is a need for harmonization between religious principles and human rights principles in marriage law, especially regarding women's autonomy in choosing a life partner. Revisions to regulations relating to guardianship are also needed to emphasize the position of women as independent and protected legal subjects.
Co-Authors Aden Rosadi Diana Farid Hendriana Husain Saepullah, Usep Sofyan Mei Utama