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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam JUSTISI Mawaddah: Jurnal Hukum Keluarga Islam Al-battar: Jurnal Pamungkas Hukum
Abdulah Pakarti, Muhammad Husni
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Role of High Religious Courts in The Bengkulu Area in Safeguarding Children's Interests Regarding Post-Divorce Living Expenses and Civil Rights Pian, Happy; Mukhlas, Oyo Sunaryo; Arifin, Tajul; Saebani, Beni Ahmad; Ridwan, Ahmad Hasaan; Abdulah Pakarti, Muhammad Husni
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36594

Abstract

This research aims to examine the legal process carried out by the Bengkulu Religious High Court in ensuring the living expenses of children after their parents' divorce. This study is qualitative research with a normative legal approach. Primary data comes from laws, court decisions related to children's rights post-divorce, and children's civil rights, while secondary data is obtained from books, online media, and journals with the same relevance. In exercising its authority, the Bengkulu Religious High Court prioritizes the principle of justice by maintaining the interests of the child, as well as the principles of balance and proportionality. However, there are several challenges such as the lack of public understanding of children's rights and obstacles in the implementation of Religious High Court decisions regarding the enforcement of children's civil rights. More intensive efforts are needed to provide the public with an understanding of children's rights and to improve the quality of enforcement of Religious High Court decisions to ensure optimal protection of the child's interests following their parents' divorce.
Putusan Hakim Dalam Menuntaskan Sengketa Perkawinan Poligami Di Indonesia Nuryamin, Nuryamin; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana; Hilal Nu'man, Mohamad
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2303

Abstract

Polygamy only applies to those who according to law and religion allow their husbands to have multiple wives. This is explained in the general description of the Marriage Law Point 4c, which states: As permissible by law and the religion concerned, a husband can have multiple wives only if the parties so desire. The court has absolute power to negotiate on the basis and conditions of the polygamy permit application and the court has the authority to try and make decisions in the form of legal considerations and reasons. The scholars, the Prophets of the Qur'an and Hadith, depending on the case. In order not to harm the parties in the proceedings, cases decided in court must have clear reasons. Courts need such evidence to determine their case. Article (1) Law Number 7 of 1989 concerning the Religious Courts regulates all court decisions with reasons, and special provisions or relevant legal written sources used as the basis for decisions.
Harmonizing the Iddah Period for Women Divorced Outside the Court According to KHI and Fiqh Law Farid, Diana; Abdulah Pakarti, Muhammad Husni; Mabruri, Kemal Al Kautsar; Kusmardani, Alex; Lestari, Elly
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2455

Abstract

Legal harmonization determining the iddah period for divorced women outside of court between Law No. 1 of 1974 and the Compilation of Islamic Law is still an unresolved issue in Indonesia. This study aims to identify the differences and similarities between the two laws, as well as provide recommendations on the proper harmonization of laws for divorced women outside the court. This study uses comparative analysis methods and interviews with Islamic jurists. The results of the study show that there are differences in determining the iddah period between the two laws, and the proper harmonization of law by enforcing Islamic law that is in line with the social and cultural context of Indonesian society. It is hoped that the results of this research can become input for legislators and the public in formulating legal policies that are fair and in accordance with Islamic teachings and the social context in Indonesia.
Building a Just Law: The Role of Legal Professional Ethics in Indonesia Muttaiqen, Muhammad Syahrul; Yubaidi, Ahmad; Abdulah Pakarti, Muhammad Husni; Husain, Husain; Hassan Bello, Abdulmajeed Bolade
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.24

Abstract

The professionalism of a legal profession is not only due to being capable, intellectual, and successful in their field as law enforcement officers, but the behavioral aspect is also part of the assessment that must be owned in implementing the Code of Ethics or Legal Professional Ethics to uphold law and justice. However, if we look at the reality, there are still many legal practitioners who have not complied with the Legal Professional Code of Ethics. The research method in this journal uses juridical-normative, which uses literature-based secondary data sources. The results of this study are that the Legal Professional Code of Ethics must be obeyed (compelling) even though it is not officially made into regulations. Because Legal Professional Ethics has an important role in law enforcement which is also a manifestation of efforts to realize better law.
Transformation of Child Status: From Adopted Child to Child in Review of Positive Law and Islamic Law Nadiya, Siti; Nasution, Zahratus Syaidah; Abdulah Pakarti, Muhammad Husni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.43

Abstract

Adoption refers to the act of taking a child who is not your biological child and making him your own child. The process of adopting a child must be carried out through legal procedures. When adopting a child, it is necessary to pay attention to existing law, namely from an Islamic legal perspective and from a state legal perspective. In this research, the law and the process of adopting a child are discussed according to Islam and state law. This research uses a library study method where the researcher relies on sources of information from literature as the main source. This research focuses on analyzing existing data or texts, not field data or information obtained directly from experience or eyewitnesses. Researchers only interact with sources available in the library or existing secondary data. The results of this study reveal the Islamic view of someone adopting a child and what laws apply in the process of adopting a child.
Childfree as a Modern Life Option: An Analysis of Islamic Law and Psychology on Contemporary Social Phenomena Abdulah Pakarti, Muhammad Husni; Suntana, Ija; Fahmi, Irfan; Supriatna, Encup; Yessimkulov, Yernar
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.434

Abstract

The phenomenon of childfree or the conscious decision not to have children is becoming an increasingly prominent social issue in modern society, including in Indonesia. This decision gave rise to normative, moral, and psychological debates in society based on religious values. This study aims to analyze the phenomenon of childfree from the perspective of Islamic law and psychology, in order to understand how this life choice can be accepted or rejected within the framework of religious values and individual psychological well-being. The research uses a qualitative approach with the library research method through descriptive analysis of Islamic legal literature, maqāṣid al-syarī'ah theory, and studies of modern psychology and Islamic psychology. The results of the study show that in Islamic law, childfree can be categorized as a decision that is mubah as long as it is based on considerations of benefits such as health, emotional stability, or economic factors, and does not contradict the principles of maqāṣid al-syarī'ah. From a psychological perspective, these decisions are closely related to the factors of mental readiness, social pressure, and the need for self-actualization that reflect the process of finding a balance in life and personal happiness. Meanwhile, from the socio-religious side, this phenomenon still causes stigma because it is considered deviant from cultural norms and religious values that place children as a symbol of family success. Thus, the phenomenon of childfree requires a holistic and moderate approach in order to understand the proportionate relationship between individual freedom, social welfare, and Islamic spiritual values.
Co-Authors Farid, Diana Hassan Bello, Abdulmajeed Bolade Hendriana Hendriana, Hendriana Hilal Nu'man, Mohamad Husain Husain Irfan Fahmi, Irfan Kusmardani, Alex Mabruri, Kemal Al Kautsar Mukhlas, Oyo Sunaryo Muttaiqen, Muhammad Syahrul Nadiya, Siti Nasution, Zahratus Syaidah Nuryamin Nuryamin, Nuryamin Pian, Happy Ridwan, Ahmad Hasaan Saebani, Beni Ahmad Suntana, Ija Supriatna, Encup Tajul Arifin Yessimkulov, Yernar Yubaidi, Ahmad