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All Journal al-Afkar, Journal For Islamic Studies
Nur Hastuti Bima Putri
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Social Sciences

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Fulfillment of Wife and Children's Support: Comparison of Countries in Southeast Asia (Indonesia and Brunei Darussalam) Nur Hastuti Bima Putri; Muhammad Maghfurrohman; Aaz Jidatul Haz, Zulkarnain; Zulkarnain; Lalu Muhammad Nurul Wathoni
al-Afkar, Journal For Islamic Studies Vol. 7 No. 1 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i1.1174

Abstract

One of the basic things for married couples is to sail the household together and have children. Apart from that, the rights and obligations that each partner must fulfill are important tasks for creating a harmonious household. One of the main rights and obligations for the continuity of life is providing support by the husband for his wife and children. Support is often a topic of discussion in Islamic family law, both in terms of providing maintenance while still in the status of husband and wife or after divorce. To avoid such things so that inequality does not occur in the relationship between husband, wife and children, the law has regulated it in such a way as to create, organize and protect each individual's right to support in accordance with his or her responsibilities. Meanwhile, the results of this research are in matters of nafaqah, the compilation of Islamic law (KHI) number 1 of 1974 does not explain it completely, but it regulates a lot about the rights and obligations of husband and wife. Meanwhile, the right to support wives and children in the Brunei Darussalam family is regulated in the 1999 Islamic Law Compilation Law, referred to in the sekyen which contains all aspects of women inside the household and outside the household and was revised in 2000, chapter 190 of the Law on Marriage for Women (married women).
Settlement of Inheritance Disputes in the Perpsketif of Religious Court Decision Number 400/Pdt.G/2022/Pa.Sel Zulkarnain; Aaz Jidatul Haz; Muhammad Maghfurrohman; Nur Hastuti Bima Putri; Khairul Hamim
al-Afkar, Journal For Islamic Studies Vol. 7 No. 3 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i3.1298

Abstract

.  In handling dispute resolution through litigation, judges are required to provide decisions that are as fair as possible for the parties involved in the dispute. He must consider all aspects related to the subject of the dispute so that his decision is truly considered to provide justice. So one of the disciplines that is very important for a judge to help him in making decisions is qawaid al fiqhiyah. In the context of legal determination, fiqh rules play an important role as 'analytical knives' considering the legal problems they face. In case decision Number 400/Pdt.G/2022/PA.Sel, the Selong Religious Court, East Lombok Regency, has won for the defendants regarding the proposed inheritance dispute. In this decision, the judge used two qawaid fiqh as legitimacy for his legal considerations. This research aims to analyze the judge's considerations using fiqh rules and their relevance to the inheritance dispute cases they handle. This research is descriptive-analytic in nature, namely carrying out data analysis by enriching information, looking for relationships, comparing, finding patterns on the basis of original data. then analyze it using the Content Analysis method. The primary data source is decision text Number 400/Pdt.G/2022/PA.Sel, while secondary data was obtained through literature study. The research results show two conclusions. Firstly, the judge uses fiqh rules as a basis for consideration in determining the subject of the dispute, namely whether the heir's assets have been divided or not. Second, the judge's decision was handed down using a scientific approach.
Co-Authors Aaz Jidatul Haz Aaz Jidatul Haz, Zulkarnain Khairul Hamim Lalu Muhammad Nurul Wathoni Muhammad Maghfurrohman Zulkarnain