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Exploitation of Child Rights in Islamic Family Law Perspective Sri Asmita; Muhammad Abdillah; Ifrohati; Lusiana; Hana Pertiwi
Asian Journal of Law and Humanity Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v2i2.2

Abstract

Exploitation of children has changed the perspective and morality of humans towards criminal law, at the same time government policies have made a clear regulation on the enforcement of legal protection for children who are victims of exploitation. The study is based on the argument that there is no law enforcement on the practice of child exploitation so that exploitation continues to occur continuously. This study applies a literature study approach and policy review and various data sourced both online and offline which will later be able to provide an objective picture of how child exploitation is in law from the perspective of Islamic family law. As has been found in previous research on punishment for perpetrators of child exploitation, it has ignored the justice of children victims of exploitation by their parents, close people and community agencies. Law enforcement cannot guarantee absolute rights for children autonomously, this is due to many considerations so that legal protection for child victims of exploitation is very difficult to enforce. Thus, a discussion is needed to provide legal protection for child victims of exploitation with the perspective of Islamic family law.
Relevansi Pencatatan Nikah Sirri dalam Kartu Keluarga Menurut Hak Asasi Manusia dan Maqashid Syariah Ifrohati; Sintri
Journal of Sharia and Legal Science Vol. 1 No. 1 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i1.45

Abstract

One of the requirements for registering a marriage is to make a family card. Therefore, registration of marriage is very important for married couples. However, it turns out that sirri marriages can also have a family card, even though this marriage is not a legal marriage according to state law. Thus, this study aims to examine the registration of sirri marriages in family cards both in terms of human rights and maqashid sharia. The type of research used is qualitative research (libraries or library research), namely with a normative approach. The results of the study found that the relevance of Siri Marriage Registration in the Family Card to Human Rights is with regard to citizenship status rights or children's civil rights such as birth certificates. Apart from that, it is a form of legal protection for children, such as those related to living expenses and living costs, as well as mutual inheritance rights inherited from their parents. As for the Relevance of Siri Marriage Registration in the Family Card from the perspective of Maqāṣid asy-Syarīʿah, it is a primary need (adl-dlarūriyāt) especially for children related to hifdzu an-nasl (safeguarding offspring).
Pertengkaran Terus Menerus Sebagai Alasan Paling Tinggi pada Perkara Cerai Gugat  di Pengadilan Agama Kelas Ib Sungailiat Wahyu Mahdi Prananta; Ifrohati
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.675

Abstract

Divorce cases, which are one of the divorce cases that have increased in the period 2020-2022, were recorded at around 2,178 cases at the Sungailiat Class IB Religious Court. Therefore, the main problem in this study is what causes the increase in divorce cases and what the reasons are. The purpose of this study is to examine the reasons for divorce cases at the Sungailiat Class IB Religious Court according to Islamic law. This study is a type of field research, with a descriptive approach, the data in this study were obtained from primary data and secondary data, with data collection techniques used through interviews and documentation. The data was analyzed descriptively qualitatively. The results of the study stated that the increase in divorce cases at the Sungailiat Class IB Religious Court was caused by many factors. The highest reason for divorce cases was due to continuous quarrels and disputes. Reviewed from Islamic law regarding the reasons for divorce due to continuous quarrels and disputes decided by the Sungailiat Religious Court, it is based on the provisions and principles of Islamic law, this is because the divorce occurred after a peace effort was made by the Sungailiat Class IB Religious Court.
Efektivitas Keberlakuan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Mediasi dalam Perkara Perceraian Pengadilan Agama Kelas 1A Palembang Risma, Alifiah; Ifrohati
Journal of Sharia and Legal Science Vol. 2 No. 3 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i3.868

Abstract

The purpose of this study is to examine the effectiveness of the implementation of the Supreme Court Regulation on Mediation in the Religious Court of Palembang City. A mediator is a judge or other party who has a mediator certificate as a neutral party who helps the parties in the dispute resolution process without using the method of deciding or forcing a settlement between the parties. However, this mediation is often unsuccessful in reconciling the parties, especially in divorce cases. This type of research is field research. The method used in this study is a qualitative method. The data sources used are primary data, namely the results of interviews, secondary data, namely those from books, journals, and others. The results of the study show that the mediation procedure in divorce cases at the Palembang Religious Court Based on Supreme Court Regulation Number 1 of 2016 has been implemented effectively, the mediator on duty already has a certificate. However, the parties who mediate in divorce cases at the Palembang Religious Court prioritize feelings over anything else, causing the mediation to fail. The factors that influence the success of mediation in divorce cases at the Class 1A Religious Court of Palembang are child factors, family factors, the role of the judge and the mediator.
Pengabdian Kepada Masyarakat: Hissi Berbagi Bersama Panti Asuhan Berkah Ilahi Palembang Hana Pertiwi; Armasito; Ifrohati; Tutik Pebrianti
Jurnal Aksi Dosen dan Mahasiswa Vol. 2 No. 2 (2024): Jurnal Aksi Dosen dan Mahasiswa
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jadmas.v2i2.861

Abstract

Service to Msyarakat is one of the three mandatory duties of lecturers listed in the tri dharma of higher education, as an implementation of the results that have been learned and can be beneficial to the wider community. Part of the service activity is social service, education and motivation for children in the orphanage, this activity aims to provide benefits to the community in the orphanage. This community service activity was carried out at the Palembang City Divine Blessing Orphanage. Several arrangements of activities such as compensation, motivation to children, and giving a little game (ice breaking) to the children in the orphanage, the service activities carried out at the Divine Blessing Orphanage went well after a series of events, as evidenced by the enthusiasm of the children in participating in these activities. In addition, all related parties also took part in the success of this service activity, which was attended by lecturers and the management of the Indonesian Association of Sharia Scholars (HISSI) South Sumatra. With this togetherness, it can provide a little help to meet the needs for them and benefits for the orphanage, share happiness with our brothers and sisters in the orphanage and can strengthen the bond of friendship between others and create a sense of mutual care and love for fellow humans on earth.