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All Journal Al-Aqwal : Jurnal Kajian Hukum Islam HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Alfiandri Setiawan
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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A Review of Contemporary Islamic Legal Philosophy Towards the Orientation of Iddah Legislation: Tinjauan filsafat Hukum Islam Kontemporer Terhadap Orientasi Pensyariatan Iddah Alfiandri Setiawan; Ahmad Kamalul Fikri
ISTIDLAL Vol 3 No 01 (2024): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

The polemics over the phenomenon of people marrying and divorcing often requires a transitional period to evaluate marriage after the occurrence of adivorce The purpose of this study is to conduct a philosophical understanding of the orientation of iddah legislation. This research uses the perspective of maqasid sharia development formulated by Jaser Auda as the theory of analysis. The results of the study concluded that there are several axiological aspects of the iddah ordinance, including health protection and regeneration. This is because iddah has a positive impact on maintaining the health of women's reproductive organs. This understanding can be said as a form of value expansion of the concept of hifz nafs (protecting the soul) and hifz nasl (protecting offspring). Then, as self-introspection. This is because iddah is important to be a time of reflection for men and women in evaluating themselves, to reconcile again or separate amicably. This understanding can be said as a form of expansion of the value of the concept of hifz aql (protecting the mind). Furthermore, as a period of mourning for the death of the husband. This is because marriage is not just a contract, but also a serious agreement. This understanding can be said to be a form of value expansion from the concept of hifz al-'ird (maintaining social ethics). Next, as a protection of religious teachings. This is because carrying out iddah is an obedience to Islamic teachings. This research shows that the provision of iddah has complex axiological aspects.
A COMPARATIVE STUDY OF MEDIATION OF DIVORCE CASES THROUGH LITIGATION AND NON-LITIGATION IN INDONESIA Muhammad Jamil; Erman Gani; Alfiandri Setiawan; Abdul Aziz Harahap
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1264

Abstract

This qualitative study aims to conduct a comparative study of the mediation process of divorce cases through litigation with non-litigation This study is a qualitative research with a comparative approach. Primary data sources include Peraturan Mahkamah Agung Republik Indonesia Nomor 2 Tahun 2003 tentang Prosedur Mediasi di Pengadilan, PERMA Nomor 1 Tahun 2008 tentang Prosedur Mediasi di Pengadilan dan PERMA Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Data collection through documentation. The results of the study concluded that there are various competitive aspects related to the mediation of divorce cases between non-litigation and litigation, including flexibility, speed, confidentiality, whether or not a lawyer needs to help, costs, whether or not the relationship can be maintained, the right holder to carry out the procedure and the content of the settlement. Thus, praxis, mediators, both non-litigation and litigation, should first provide socialization to the parties to the husband and wife in dispute.
Co-Authors Abdul Aziz Harahap Ahmad Kamalul Fikri Erman Gani Muhammad Jamil