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All Journal al-Afkar, Journal For Islamic Studies Al-Arfa: Journal of Sharia, Islamic Economics and Law
Andhika Septian Anharil Huda
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparison of Divorce between Muslims in Australia and Muslims in Indonesia Based on the Laws of Each Country Andhika Septian Anharil Huda
al-Afkar, Journal For Islamic Studies Vol. 7 No. 4 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i4.1632

Abstract

Divorce is something that often happens to a family, including Muslim families living in Australia and Indonesia. In resolving problems caused after divorce, you must follow the regulations that apply to each country. In Australia regulations regarding divorce are included in the Family Law, namely in Australia's Marriage Act 1961 (Cth). Meanwhile in Indonesia it is listed in Law Number 1 of 1974 and the Compilation of Islamic Law (KHI). This article will discuss several differences between the Family Laws in Australia and Indonesia. The laws in these two countries definitely have similarities. However, behind the similarities, of course there are also differences. This research is normative or literature research. The approach used is a qualitative approach. Then the data in this research is secondary data sourced from legal material from Australia and Indonesia. By using a comparative study method between the two components studied. So at the end several differences regarding family law issues will be shown in the laws of the two countries. From the results of the discussion, it can be concluded that in Australia Muslims are given the authority to divorce according to their choice, which can be done according to Islamic law or through regulatory procedures in Australia. Meanwhile, Muslim divorces in Indonesia are only considered valid if they are carried out in court.
Disharmony in Fishermen's Families in Blimbing Village: Perspective of Marriage Law Andhika Septian Anharil Huda
Al-Arfa: Journal of Sharia, Islamic Economics and Law Vol. 3 No. 1 (2025): Transformative Islamic Economics and Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/arfa.v3i1.87

Abstract

This research was conducted because it was motivated by the occurrence of disharmony among fishing families in Blimbing Village, Paciran District, Lamongan Regency. Disharmony in question includes quarrels, lack of affection, child mischief, and even divorce. This is reinforced by the existence of divorce data at the Lamongan Regency Religious Court, that in 2023 until November the total number of divorces that occurred in Paciran District reached 148 cases. This type of research is field research Then the primary data in this research was obtained from interviews. Meanwhile, secondary data is obtained from various sources such as books, journals, laws, and so on. The results of this research explain that the views of fishing families regarding family disharmony vary. Then the factors causing disharmony among fishing families in Blimbing Village are different from each other. One of them is that the partner does not carry out their duties and obligations. So if reviewed based on Law no. 1 of 1974 and the Compilation of Islamic Law, the disharmony that occurs in fishing families in Blimbing Village is not in line with what is stated in these provisions, both in terms of the purpose of marriage and the rights and obligations of husband and wife.
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