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All Journal FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman International Journal of Contemporary Studies in Education
Niwae, Yahaya
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Religion Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

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Quality Culture Model in Improving Development Madrasah Universitas Islam Negeri Jakarta Indonesia and Ma'had Al Ulum Addiniyah Thailand Masyitoh, Masyitoh; Bahar, Herwina; Suryadi, Ahmad; Bahri, Saiful; Nisoh, Anan; Niwae, Yahaya; Sama-alee, Abdulrahman; Sundi, Venni Herli
International Journal of Contemporary Studies in Education Vol. 2 No. 3 (2023)
Publisher : EDUPEDIA Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56855/ijcse.v2i3.611

Abstract

The purpose of this research is to compare the quality culture of Islamic Education Institutions in Indonesia and in Thailand, specifically the UIN Jakarta Development Madrasah and Ma'had Al-Ulum Addiniyah Pohontanjong Narathiwat with the eight National Education Standards (SPN). This research method is descriptive-comparative with a qualitative approach. The results showed the characteristics of the quality culture of each Islamic Education Institution in Indonesia and in Thailand, in addition to the similarities in the management of these Educational Institutions such as, the characteristics of the quality culture of the UIN Jakarta Development Madrasah and the characteristics of the quality culture of Ma "had Al-Ulum Addiniyah Pohontanjong Narathiwat in Thailand. The similarity of the quality culture of the two institutions refers to the national curriculum set by the respective governments by strengthening the local curriculum according to the needs of each institution. The difference in the governance of these two institutions, shown in the UIN Jakarta Development Madrasah is managed by a foundation that is responsible to the State University, while Ma "had Al-Ulum Addiniyah Pohontanjong Narathiwat is managed by local community leaders. The development of a culture of quality in each Islamic educational institution is highly dependent on the leadership of the madrasah/ma "had as the "central" driver in managing the learning process and quality institutions that can improve the quality of education that is universal and competitive at the international level.
Judicial Discretion and Joint Property Interpretation at Banten PTA: Analyzing Justice, Contribution, and Legal Adaptation karmawan, Karmawan; Bariyah, Oneng Nurul; Niwae, Yahaya; Pertaminawati, Hendra
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/fitrah.v11i2.17265

Abstract

This study aims to analyze the role of judicial discretion in interpreting the division of joint property (gono-gini) in the Banten High Religious Court (PTA), with a focus on factors of fairness and contribution. Formal norms such as Article 97 of the Compilation of Islamic Law (KHI), which stipulates a 50:50 division, are often inadequate when faced with unequal economic and non-economic contributions, bad faith, and the socio-economic vulnerability of the weaker party. This study uses a content analysis method on appeal decisions from 2021-2025, supplemented by a review of Islamic law literature and Maqasid al-shari'ah. The results of the study indicate that judges use discretion to adjust the distribution proportion based on actual contributions, the child's best interests, and the principle of benefit. The maqāṣid al-sharī‘ah framework serves as a normative basis that binds deviations to remain proportional and oriented towards substantive justice. The findings also emphasize the need for interpretive guidelines, gender-friendly evidentiary standards, and strengthening mediation and prenuptial education to reduce disparities in decisions. This study concludes that judicial discretion is not merely a technical freedom, but a teleological instrument for realizing adaptive and inclusive justice in the Indonesian religious court system.
Co-Authors Ahmad Suryadi, Ahmad Bahar, Herwina Bariyah, Oneng Nurul karmawan karmawan Masyitoh Masyitoh, Masyitoh Nisoh, Anan Pertaminawati, Hendra Saiful Bahri Sama-alee, Abdulrahman Sundi, Venni Herli