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Journal : el-Aqwal: Journal of Sharia and Comparative Law

The Dynamics of Polygamy and Divorce in Muslim Countries Madina, Dinda Difia; Meidina, Ahmad Rezy; Zein, Anwar
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
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.v2i2.9410

Abstract

This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of society from all walks of life regarding the discussions between the two. This research is a literature study that focuses on discussing polygamy and divorce in three Muslim countries; Türkiye, Pakistan, and Indonesia. The data collection method in this study used documentation, namely collecting books, notes, and others that had relevance to the research, which were then analyzed. The results of this study are; (1) Turkey prohibits polygamy, which is contained in the book of the Ottoman Law of Family Rights, Pakistan also prohibits polygamy until written permission from the wife and the arbitral council, Indonesia legalizes polygamy referring to the Marriage Law. (2) Turkey in the event that a divorce ends with the finalization of a court decision and a waiting period of 300 days stipulated by the Turkish Civil Code, likewise Pakistan regulates divorce in two different rules, one using the Dissolution of Muslim Marriage and the other using Muslim Family Law Ordinance, divorce in Indonesia is regulated in Marriage Law Number 1 of 1974.
What an Important Implementation of the Educational Rights of Adopted Children in Indonesia from an Islamic Jurisprudence Perspective? Meidina, Ahmad Rezy; Ali, Zezen Zainul; Puspita, Mega; Ashlakha, Hilma Nur; Zahro, Anisatuz
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
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.v3i1.11125

Abstract

This research states that in Islamic law adopting a child is a good act, which helps adopted children get a proper education. Basically, implementing the above rights of children is an obligation and joint responsibility of the government and society. The phenomenon that occurs in Indonesia is that the educational rights of adopted children have shifted to utilization, due to several factors, one of which is economic. The aim of this research is to strengthen previous research, and examine further the shift in the educational rights of adopted children and look at the factors that result in non-fulfillment of adopted children’s rights in Indonesia. This research uses a normative sociological approach with the nature of the analytical descriptive research. The results of this research found several factors that resulted in shifting, even not being given the rights of adopted children.
The Impact of the Family Values Crisis on Children’s Right to Education: An Islamic Legal Principles Perspective in Addressing the Challenges of the Modern Era Muhammad, Syafik; Laili, Fi’liatul; Ashlakha, Hilma Nur; Meidina, Ahmad Rezy
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
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.v4i1.13600

Abstract

The crisis of values within the family has become one of the primary challenges in fulfilling children's educational rights, particularly in shaping the character of early childhood in the midst of modernization, globalization, and technological advancement. This article aims to analyze the impact of the family values crisis on children's right to education and to examine the solutions offered by Islamic legal principles in addressing this phenomenon. This study employs a library research method, drawing on various sources such as books and relevant journal articles. The findings reveal that the family values crisis significantly affects the fulfillment of children's educational rights, especially in terms of moral and spiritual development. Islamic legal principles (fiqh al-munakahat) provide comprehensive guidance for building a strong family structure through the concepts of parental responsibility, moral education, and value-based upbringing grounded in Qur’anic teachings. This article recommends strengthening the role of the family as the primary center of education, underpinned by robust Islamic legal principles, as a solution to the challenges posed by the modern era.