Article Per Year (5 Year)
p-Index From 2021 - 2026
0.817
P-Index
This Author published in this journals
All Journal Misykat al-Anwar Jurnal Kajian Islam dan Masyarakat Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan el-Aqwal: Journal of Sharia and Comparative Law
Mhd. Yadi Harahap
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Legal Protection of Biological Children’s Inheritance Rights under Stepmother Control of Estate Property: An Empirical Study in Panyabungan Tonga Village Jamilah Rizka; Mhd. Yadi Harahap; Nurcahaya
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16488

Abstract

The realization of inheritance rights under Islamic law frequently encounters practical challenges despite the existence of comprehensive normative regulations. This study examines the legal protection of the inheritance rights of biological children in cases where estate property remains under the de facto control of a surviving stepmother. Employing an empirical juridical approach that integrates Islamic legal and socio-legal perspectives, the research was conducted in Panyabungan Tonga Village, Mandailing Natal Regency. Data were collected through interviews, documentation, and library research and analyzed qualitatively. The findings reveal that, following the decedent's death in 2018, the estate remained under the exclusive control of the surviving spouse without any legal separation between marital property and inheritance assets. This situation prevented the effective realization of the inheritance rights of the biological children from the first marriage. The study further identifies several contributing factors, including limited legal literacy, ineffective family deliberation, the absence of mediation by customary and religious leaders, and unequal access to information regarding the estate. These findings demonstrate a significant gap between the normative protection provided by Islamic inheritance law and the Indonesian Compilation of Islamic Law and its implementation in social practice. The study concludes that effective protection of inheritance rights requires not only clear legal norms but also transparent estate administration, strengthened legal awareness, and effective family-based dispute resolution mechanisms.
Alternative Dispute Resolution for Violations of The Conditional Divorce (Taklik Talak) as Grounds for Divorce in Islamic Family Law in Indonesia Putri Rahma; Mhd. Yadi Harahap; Abd. Mukhsin
MISYKAT AL-ANWAR JURNAL KAJIAN ISLAM DAN MASYARAKAT Vol 9 No 2 (2026)
Publisher : Faculty of Islamic Studies, University of Muhammadiyah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24853/ma.9.2.311-320

Abstract

This study aims to analyze the status of taklik talak in Islamic family law in Indonesia, the breach of taklik talak as grounds for a divorce suit, and alternative dispute resolution methods that can be pursued. The method used is normative legal research with a legislative and conceptual approach. Data were obtained through a literature review covering primary, secondary, and tertiary legal sources, and were then analyzed using a descriptive-analytical qualitative approach. The results of the study indicate that taklik talak holds an important position as a legal protection mechanism for wives and can serve as the basis for a divorce suit in the event of a breach of the agreement’s terms. Common forms of breach include abandonment, failure to provide financial support, domestic violence, and unfair treatment within the household. Dispute resolution can be pursued through non-litigation channels such as negotiation, family mediation, and the BP4 (Family Mediation Board), as well as through litigation in the Religious Court if an amicable settlement cannot be reached. The case study of the Lubuk Pakam Religious Court Decision No. 174/Pdt.G/2012/PA.Lpk confirms that a violation of the conditions of divorce (taklik talak) has valid legal consequences as grounds for divorce.
Marital Property as Debt Collateral without Spousal Consent in Indonesia: Legal Validity, Execution, and Judicial Interpretation Mhd. Yadi harahap; Sri Turatmiyah; Mhd Syahdani harahap
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12907

Abstract

One of the issues frequently debated in family law concerns the legal status of marital property. Conceptually, property acquired during marriage constitutes marital property unless otherwise stipulated in a prenuptial or postnuptial agreement. Legal problems arise when marital property is used as collateral for debt without the consent of one spouse, particularly with regard to the validity of such collateralization, the enforceability of its execution, and the settlement of marital property execution in the event of divorce.This study aims to analyze the legal status and execution of marital property pledged as collateral for debt without spousal consent, with reference to Supreme Court Decision Number 209 K/PDT/2000. This research employs a normative juridical method using a statute approach and a case approach. The findings indicate that marital property used as collateral for debt without the consent of both spouses lacks legal validity and cannot be lawfully executed by creditors, as such actions violate the principle of joint ownership and involve third-party interests. The Supreme Court decision affirms that neither spouse may unilaterally perform legal acts over marital property for the purpose of debt settlement through execution. This study contributes to the development of family and property law by clarifying the legal consequences of unauthorized collateralization of marital property and by reinforcing the principle of joint ownership protection. The findings are expected to provide normative guidance for courts and creditors, while also encouraging regulatory reform to ensure legal certainty and fairness for all parties.
Co-Authors Abd. Mukhsin atika sandra dewi Jamilah Rizka Mhd Syahdani harahap Nurcahaya Putri Rahma Sri Turatmiyah