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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam The Indonesian Journal of Islamic Law and Civil Law
M. Rafli Kurniawan
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Kekerasan Dalam Rumah Tangga Sebagai Alasan Perceraiaan (Analisis Putusan Nomor 737/Pdt.G/2021/PA.TPI Perspektif Saddu Adz-Dzari’ah) Rizki Amar; Isyaq Maulidan; M. Rafli Kurniawan
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (2024): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v10i1.1287

Abstract

This paper aims to examine the decision of the Religious Court No. 737/Pdt.G/2021/Pa.Tpi regarding the case of divorce due to domestic violence from the perspective of saddu adz-dzari'ah. This paper focuses on the reasoning of the panel of judges who directed their consideration to article 19 letter (f) of PP No. 9 of 1975 'jo article 116 (f) KHI and saw the relevance of the decision to the saddu adz-dzari'ah theory. This research uses a juridical-empirical approach and makes saddu adz-dzari'ah as an analytical. From this study, it is known that the panel of judges interpreted the act of domestic violence as a result of disputes and quarrels, therefore the Panel of Judges in its legal considerations applied Article 19 letter (f) PP No. 9 of 1975 jo. Article 116 letter (f) KHI. The granting of the divorce suit follows the theory of saddu adz-dzari'ah where marriage which should be a wasilah to happiness, the benefit of husband and wife does not materialise. On the contrary, the marriage becomes a wasilah to kemafsadatan (disputes and quarrels) and prohibited behaviour (domestic violence).
The Role of Parental Emotional Intelligence in Enhancing Children's Resilience After Divorce: An Analysis Based on Maqāṣid al-Sharī‘ah Sairatun Nida; M. Rafli Kurniawan; Arif Sugitanata
The Indonesian Journal of Islamic Law and Civil Law Vol 5 No 2 (2024): Oktober
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/ijil and cil.v5i2.910

Abstract

Divorce has become a significant social phenomenon, impacting not only the couple but also the children involved in the process. This research aims to explore the role of parental emotional intelligence in enhancing children's resilience post-divorce, using the Maqāṣid al-Sharī‘ah framework for analysis. Previous studies have primarily focused on external factors such as social support, co-parenting, and intervention programs in fostering children's resilience. However, this study shifts the focus toward parents' internal abilities, particularly their emotional intelligence in managing emotions and its direct impact on children. Utilizing a literature review and qualitative research with a descriptive-analytical approach, this study examines data from academic literature, journals, books, and related reports. The findings show that parental emotional intelligence plays a crucial role in maintaining children's emotional stability, thereby reducing the negative effects of divorce on their psychological, social, academic, and financial well-being. Additionally, the application of Maqāṣid al-Sharī‘ah introduces a religious and spiritual dimension to emotional intelligence, emphasizing the protection of life, intellect, and lineage. Parents with high emotional intelligence are not only able to manage conflicts healthily but also create an environment that supports the emotional and social development of their children. This research contributes to the academic discourse by integrating psychological and spiritual aspects into post-divorce parenting and offers practical implications for parents to enhance their emotional intelligence for the future well-being of their children.
Co-Authors Arif Sugitanata Isyaq Maulidan Rizki Amar Sairatun Nida