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KDRT dalam Perspektif Maqashid Syariah Catur Rohman Kusmayadi, Rudy; Umam, Khoirul
JURNAL PUSAKA Vol. 13 No. 02 (2023): Edisi 21
Publisher : LP3M Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/ps.v13i02.1315

Abstract

This article identifies the forms or types of violence that occur in the household, where violence against a partner is very bad and threatens a household where harmony is the goal. Good communication can also avoid domestic violence and can even prevent the causes of divorce. The research method for this research is qualitative literature study, research data collection refers to Law Number 23 of 2004, previous research with a Maqashid Syariah perspective. Maqashid Syariah with the concept of protecting the five main principles in Islam, namely preserving religion, soul, mind, lineage and property. This is where the teachings of the Islamic religion and laws play a very important role in becoming a guide in running the household. Data from the Ministry of Women's Empowerment and Child Protection from January to July 2023 recorded that 18,250 cases of domestic violences occurred in Indonesia. This incident is truly ironic in Indonesia, where with a high level of religious belief there are still many perpetrators of violence. Through the Maqashid Syari'ah approach, it tries to find the causes and effects of problems that arise in domestic violence and the law tries to become a guideline so that it can be understood and implemented, in order to avoid and minimize the causes of cases of violence to establish a good and harmonious household life in accordance with the teachings Islam and can be sakinah mawaddah warahmah.
Akibat Hukum dan Dampak Psikologis Perkawinan Siri bagi Perempuan dan Anak-Anaknya: (Kajian Teoretis Menurut Undang-Undang dan KHI) Catur Rohman Kusmayadi, Rudy; Madarik, Muhammad
JURNAL PUSAKA : Media Kajian dan Pemikiran Islam Vol. 9 No. 2 (2020): Edisi 15
Publisher : LPPI Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/ps.v9i2.489

Abstract

Marriage is the gate of life that is usually passed by mankind in carrying out life as husband and wife. Allah SWT create something with pairs, male and female, male and female (of animals), day and night, and so on. The Siri marriage still occur nowadays. In fact, unregistered marriage such as Siri marriage could create disadvantage influence on women and their children. The siri marriage, or known by 'married under the hands', 'kawin siri' or 'nikah siri', is a marriage that is carried out based on religious rules or customs, but it is not registered in the official marriage affair (KUA).. Even though it is legal according to religion, marriage under the hand or the Siri marriage has no legal protection from the law affairs. So that, Indonesia official law cannot provide legal protection for women and their children when they have any marriage issue. Moreover, if the marriage issue would affects women and children’s psychological problems. Keywords: The Siri marriage, legal consequences, psychological impact.
KDRT dalam Perspektif Maqashid Syariah Catur Rohman Kusmayadi, Rudy; Umam, Khoirul
JURNAL PUSAKA: Media Kajian dan Pemikiran Islam Vol. 13 No. 02 (2023): Edisi 21
Publisher : LPPI Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/ps.v13i02.1315

Abstract

This article identifies the forms or types of violence that occur in the household, where violence against a partner is very bad and threatens a household where harmony is the goal. Good communication can also avoid domestic violence and can even prevent the causes of divorce. The research method for this research is qualitative literature study, research data collection refers to Law Number 23 of 2004, previous research with a Maqashid Syariah perspective. Maqashid Syariah with the concept of protecting the five main principles in Islam, namely preserving religion, soul, mind, lineage and property. This is where the teachings of the Islamic religion and laws play a very important role in becoming a guide in running the household. Data from the Ministry of Women's Empowerment and Child Protection from January to July 2023 recorded that 18,250 cases of domestic violences occurred in Indonesia. This incident is truly ironic in Indonesia, where with a high level of religious belief there are still many perpetrators of violence. Through the Maqashid Syari'ah approach, it tries to find the causes and effects of problems that arise in domestic violence and the law tries to become a guideline so that it can be understood and implemented, in order to avoid and minimize the causes of cases of violence to establish a good and harmonious household life in accordance with the teachings Islam and can be sakinah mawaddah warahmah.
KDRT dalam Perspektif Maqashid Syariah Catur Rohman Kusmayadi, Rudy; Umam, Khoirul
JURNAL PUSAKA: Media Kajian dan Pemikiran Islam Vol. 13 No. 02 (2023): Edisi 21
Publisher : LPPI Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/ps.v13i02.1315

Abstract

This article identifies the forms or types of violence that occur in the household, where violence against a partner is very bad and threatens a household where harmony is the goal. Good communication can also avoid domestic violence and can even prevent the causes of divorce. The research method for this research is qualitative literature study, research data collection refers to Law Number 23 of 2004, previous research with a Maqashid Syariah perspective. Maqashid Syariah with the concept of protecting the five main principles in Islam, namely preserving religion, soul, mind, lineage and property. This is where the teachings of the Islamic religion and laws play a very important role in becoming a guide in running the household. Data from the Ministry of Women's Empowerment and Child Protection from January to July 2023 recorded that 18,250 cases of domestic violences occurred in Indonesia. This incident is truly ironic in Indonesia, where with a high level of religious belief there are still many perpetrators of violence. Through the Maqashid Syari'ah approach, it tries to find the causes and effects of problems that arise in domestic violence and the law tries to become a guideline so that it can be understood and implemented, in order to avoid and minimize the causes of cases of violence to establish a good and harmonious household life in accordance with the teachings Islam and can be sakinah mawaddah warahmah.