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All Journal Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Diana Zuhroh
Universitas Islam Negeri Raden Mas Said Surakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pemenuhan Hak Anak Pasca Perceraian dalam Perspektif Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak dan Kompilasi Hukum Islam Muhammad Luqman Asshidiq; Diana Zuhroh
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 4, No. 2 November 2022
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v4i2.5866

Abstract

This study is about the fulfillment of children's rights after divorce in the perspective of Law Number 35 of 2014 concerning Child Protection and the Compilation of Islamic Law. This research is motivated by problems in the family, where after the occurrence of a divorce, due to several factors the parents do not give the right to a living, maintenance and education to children as they should and prefer to be entrusted to their grandmothers or grandfathers. The data sources used in this study came from four families with the first criterion, their parents were divorced. Secondly, the child was abandoned when theywere toddlers and entrusted to their grandmother or grandfather. The results of the study indicate that in Dukuh Gandurejo, Gemolong Village, Gemolong District, Sragen Regency, parents are still obliged to fulfill children's rights including custody rights (hadanah), maintenance rights, and education even though the parents are divorced. This has been regulated in positive laws such as Law Number 35 of 2014 concerning Child Protection and the Compilation of Islamic Law as well as in the regulation explaining in detail the sanctions for parents if they do not give rights in the form of maintenance to children.
The Dual Role of Career Women in Strengthening Family Resilience: A Study in Tulung District, Klaten Regency Muhdi Muhdi; Fairuz Sabiq; Lila Pangestu Hadiningrum; Diana Zuhroh
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 7 No. 1 May 2025
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v7i1.11034

Abstract

Advancements in science and technology have reshaped societal perspectives, leading to significant social changes, including expanded career opportunities for women. As wives and mothers increasingly enter the workforce, their dual roles influence family resilience. This study examines the role of career women in supporting family resilience in Tulung District, Klaten Regency. Using a field research approach, data were collected through observation, interviews, and documentation, then analyzed using the Milles Huberman interactive analysis method. Findings reveal that women in Tulung District engage in diverse professions while balancing responsibilities in both domestic and public spheres. Their ability to maintain family resilience depends on effective communication and decision-making with their spouses. The study highlights that career women contribute to family resilience across multiple dimensions, including physical, economic, psychological, and socio-cultural aspects. The division of responsibilities between husband and wife reflects mutual cooperation, guided by principles such as mītsāqan ghalīẓan, zawāj, mu’āsharah bil ma’rūf, mushāwarah, and tarāḍin min humaā. These principles align with the fulfillment of the eight core family functions, reinforcing family stability and well-being.
Balancing the Protection of Life and the Prevention of Harm: A Maqāṣid al-Sharīʿah Framework for Pregnancies Resulting from Boko Haram-Induced Rape and Forced Marriage in Nigeria Ismail Danjuma Yusuf; Fatimah Tanimu Bindawa; Diana Zuhroh
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.11694

Abstract

Pregnancies resulting from Boko Haram-induced rape and forced marriage in Nigeria present complex legal, ethical, and humanitarian challenges within Islamic law, particularly in balancing the sanctity of human life with the rights and welfare of women affected by conflict-related sexual violence. This study examines the permissibility of abortion in such circumstances through the framework of maqāṣid al-sharīʿah (the objectives of Islamic law). Drawing on a qualitative doctrinal research methodology, the study analyzed the relevant sources of Islamic laws such as the Qur'an, Hadith, classical treatises on fiqh, modern scholarly opinions, and secondary sources discussing abortion, Islamic laws, and the related violence committed by Boko Haram. The study found out that while abortion remains haram (forbidden) under Islamic law based on the maqāṣid principles of protecting life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl), there existed some leniency in the Islamic legal laws depending on the stage at which a fetus is located. Applying the maqāṣid framework demonstrates the need to balance fetal rights with considerations of psychological trauma, social harm, human dignity, and public welfare experienced by victims of conflict-related sexual violence. This study recommends the development of a three-stages maqāṣid-oriented Islamic law framework consisting of a pre-ensoulment assessment, post-ensoulment protection, and post-birth provisions.
Co-Authors Fairuz Sabiq Fatimah Tanimu Bindawa Ismail Danjuma Yusuf Lila Pangestu Hadiningrum Muhammad Luqman Asshidiq Muhdi Muhdi