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Penerapan Restorative Justice dalam Penanganan Anak sebagai Pelaku Tindak Pidana dalam Perspektif Hukum Islam Miftahhurahmah Miftahhurahmah; Miswardi Miswardi; M. Khairul Arwani; Zulheldi Zulheldi
Journal of Islamic Law and Wisdom Vol. 1 No. 1 (2025): June 2025
Publisher : Program Studi Magister Hukum Islam - UIN Bukittinggi

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Handling of children as perpetrators of criminal acts cannot be equated with adults. This study aims to examine the application of restorative justice in handling children as perpetrators of criminal acts and the perspective of national criminal law and Islamic criminal law. The type of research conducted is library research with data sourced from primary, secondary and tertiary data sources. The collected data is then analyzed using qualitative data analysis methods. This study concludes that the application of restorative justice in resolving criminal acts whose perpetrators are in the criminal law system in Indonesia is relatively new since the birth of the Child SPPA Law which regulates the diversion mechanism in it. According to this regulation, children who commit crimes with a threat of less than 7 (seven) years must be resolved using a diversion mechanism. The restorative justice approach is indeed not known in Islamic criminal law, but its principles are identical to the practice of diyat and peace (ishlah) in Islamic criminal law.

Menelusuri Hadhanah: Pemeriksaan Mendalam atas Kasus Hak Asuh Anak di Pengadilan Agama M. Khairul Arwani; Doni Dermawan; Sarah Afifah
Perwakilan Vol. 1 (2023)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.prwkl.2023.1.53

This paper reviews the practice of in-depth examination of child custody cases in the Religious Courts, focusing on the concept of Hadhanah. Hadhanah is an important principle in determining child custody decisions, where the best interests of the child take centre stage. The study identifies the examination process, including the involvement of the child in decision-making, as well as the role of experts and Witnesses in providing a detailed picture. Hadhanah inquiries highlight the complexity of resolving child custody struggles in the context of Islamic law. This research aims to find out what factors make Judges conduct on-site examinations related to child dispute cases. The method used is field research with a qualitative approach. Data was obtained using empirical approach and documentation. This research is expected to provide an in-depth understanding of the hadhanah deskente, and can serve as a guideline for educators, researchers, and stakeholders. The conclusion emphasises the importance of a holistic and sensitive approach to children's needs in the religious justice system.

Family Financial Management in Contemporary Premarital Guidance from the Perspective of Maqashid al-Shari‘ah M. Ridha Rahmat Putra; Ezi Zul Hayati; M. Khairul Arwani
USRATY : Journal of Islamic Family Law Vol. 3 No. 2 (2025): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i2.10417

This study aims to analyze the implementation of family financial management in contemporary premarital guidance and its relevance to the realization of a sakinah family from the perspective of maqashid al-shari‘ah. The background of this research stems from the increasing number of marital conflicts and divorces caused by poor financial literacy and economic instability among couples, highlighting the urgent need for premarital education that addresses financial issues. Employing a qualitative approach with a descriptive method, this research collects data through interviews, observations, and documentation at the Office of Religious Affairs (KUA) Tanjung Raya, which uniquely integrates family financial management into its premarital guidance program. The findings reveal that such integration significantly enhances the financial awareness and responsibility of prospective couples, reduces the potential for economic-based conflicts, and supports sustainable family welfare. The counseling model not only addresses practical financial challenges but also embodies the principles of maqashid al-shari‘ah by protecting religion, life, intellect, lineage, and wealth (hifzh al-din, al-nafs, al-‘aql, al-nasl, and al-mal). Therefore, this study concludes that family financial management in premarital guidance serves as a strategic and preventive instrument for realizing the objectives of Sharia and achieving a sakinah family in the modern context. Academically, this research contributes to the discourse on integrating financial literacy into Islamic family law and premarital education.

A Critical Analysis of the Inconsistencies in Amina Wadud Gender Equality Movement in the Islamic World Salman Alfarisi; M. Khairul Arwani
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.323

Gender equality has long been a topic of discussion and debate. Amina Wadud, a pioneer of the gender equality movement, is controversial for initiating actions unprecedented for women. The author chooses Amina Wadud because she took unprecedented steps: becoming an imam for prayer and later a Khatib interpreting the Quran, deviating from the author's prior understanding. The issues examined include how Amina Wadud's equality movement emerged, why she initiated it, and the problems of the equality movement analyzed by her. This fieldwork involves experts researching gender issues and uses descriptive qualitative data, gathering words from observed individuals and actors. Information comes from primary and secondary sources, including Amina Wadud's books, The Qur'an and Women: Rereading the Sacred Text from a Woman's Perspective and Inside The Gender Jihad: Women's Reform in Islam, using the Maslaha approach. The analytical method is descriptive. The study shows that the movement, part of a series of worship activities, fundamentally contradicts the concept of Maqasid Sharia due to its potential to cause societal harm, distorting public perception of services rendered. Amina Wadud's thoughts in the present era are inadequate and irrelevant because her movement is local, focusing on defending religious freedom. As the movement spreads, gaps will emerge in areas where religious freedom is not respected. Inconsistency and insignificance of Amina Wadud's movement in modern times stem from numerous criticisms and rejections from Muslims and scholars. Her movement cannot be implemented in the general public, where the majority of Muslims are already highly intellectual.

Combating Corruption in Indonesia Through Islamic Criminal Law and Customary Criminal Law Fadli Januaris; M. Khairul Arwani; Adi Jumanda; Ilham Utama Yazid; Yernati Ulfazah; Rahimatul Fikri
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.333

Corruption is a big problem for the Indonesian nation that cannot be resolved temporarily. Now the practice of corruption occurs in almost all levels of society. Indonesia has become one of the leading countries in eradicating corruption. Even though the majority of Indonesia's population is Muslim. The purpose of this study is to formulate a definition of corruption in Indonesia from the perspective of Islamic law and how the concept of corruption works in Indonesia from the perspective of Islamic law. Use in this research descriptive-analytic method with a normative approach. The research results show that corruption in Indonesia is from the perspective of Islamic law an attempt to enrich oneself or others by violating the law contrary to the principles of justice (al-'is), accountability (al-amanah) and being in a position of responsibility. Corruption in Indonesia when viewed in terms of jinayat law in Islam is the same as the concept of Ghulul (fraud), and Risywah (bribery), and al-Ghasab (exploitation of other people's rights without permission). corruption so that it is included in the offense of Islam prohibiting corruption, then committing acts that are contrary to the texts, such as for example. However, the perpetrators are people who can be prosecuted according to law.

Menelusuri Hadhanah: Pemeriksaan Mendalam atas Kasus Hak Asuh Anak di Pengadilan Agama M. Khairul Arwani; Doni Dermawan; Sarah Afifah
Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks Vol. 1 (2023)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.prwkl.2023.1.53

This paper reviews the practice of in-depth examination of child custody cases in the Religious Courts, focusing on the concept of Hadhanah. Hadhanah is an important principle in determining child custody decisions, where the best interests of the child take centre stage. The study identifies the examination process, including the involvement of the child in decision-making, as well as the role of experts and Witnesses in providing a detailed picture. Hadhanah inquiries highlight the complexity of resolving child custody struggles in the context of Islamic law. This research aims to find out what factors make Judges conduct on-site examinations related to child dispute cases. The method used is field research with a qualitative approach. Data was obtained using empirical approach and documentation. This research is expected to provide an in-depth understanding of the hadhanah deskente, and can serve as a guideline for educators, researchers, and stakeholders. The conclusion emphasises the importance of a holistic and sensitive approach to children's needs in the religious justice system.

Tracing Identity: The Socio-Cultural Transformation of the Akit Tribe of Bengkalis in the Era of Globalization M. Khairul Arwani; Nurangdini Zaenab Djahamao; Ilham Utama Yazid; Khotibul Umami; Sarah Afifah Afifah
Tarikhuna: Journal of History and History Education Vol 6, No 2 (2024): November 2024
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/thje.v6i2.9594

The Akit tribe in Bengkalis has undergone significant socio-cultural transformations in the era of globalization. This study explores the complex processes through which the Akit community navigates changes in their identity, traditions, and social structures. The research examines the impact of global influences on local customs by investigating how external pressures and internal dynamics have reshaped the tribe's cultural landscape. Through a comprehensive analysis of historical and contemporary data, the study highlights the resilience and adaptability of the Akit people in preserving their heritage while integrating new cultural elements. The findings contribute to a broader understanding of the impact of globalization on indigenous communities, offering insights into the challenges and opportunities faced by the Akit tribe in maintaining their cultural identity in a rapidly changing world. Additionally, this research contributes to academic literature by providing new perspectives on cultural adaptation, sharpening the discourse on cultural sustainability in the modern era, and offering practical recommendations for policymakers in designing strategies that support the preservation of local cultures amidst the currents of globalization. The study's contributions are significant in fostering a deeper appreciation of the delicate balance between cultural preservation and adaptation, ensuring that the unique cultural identity of the Akit tribe is not lost but rather enriched through the thoughtful incorporation of global influences. By examining the Akit tribe's experiences, this research underscores the importance of culturally sensitive approaches in policy-making and highlights the role of indigenous knowledge in shaping sustainable development pathways.

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