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Yassardin, Yassardin
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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INKONSISTENSI BATAS USIA ANAK DALAM PERKARA PERWALIAN DI PENGADILAN AGAMA PERSPEKTIF KEPASTIAN HUKUM Maharani, Vanya Faby; Kamarusdiana, Kamarusdiana; Yassardin, Yassardin
Journal of Islamic Studies and Humanities Vol. 9 No. 1 (2024): Journal of Islamic Studies and Humanities
Publisher : UIN Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/jish.v9i1.20084

Abstract

This paper is a normative juridical research with a statutory approach and case approach. The primary data sources are Banjarbaru Religious Court Decision Number 0026/Pdt.P/2015/PA.Bjb and Cilegon Religious Court Decision Number 09/Pdt.P/2017/PA.Clg, the Marriage Law, and the Compilation of Islamic Law. The secondary data sources are articles, journals, and other sources related to the discussion in this paper. The results of this paper found that an application for legal guardianship is submitted to the Court in order to determine who is entitled to guardianship of a child who is still a minor and not yet legally competent. In reality, even parents who are directly entitled to underage children for certain cases still apply for custodial status to the Religious Court so that there is concrete evidence or documents on this matter.  There are many provisions governing children as well as guardianship, so that judges decide with different references, but still provide certainty to the case submitted because there is a law that regulates it clearly. In certain cases related to children's property or inheritance rights, the judge has other considerations related to this matter.
DISPARITAS PUTUSAN HAKIM DALAM PEMBERIAN HADHANAH PADA IBU MURTAD PERSPEKTIF MAQĀSĪD AL-SYARĪAH (Studi Putusan Nomor 2800/Pdt.G/2018/PA.Jb dan Putusan Nomor 0679/Pdt.G/2020/PA.Klt) Husniati, Siti Ida; Kamarusdiana, Kamarusdiana; Yassardin, Yassardin
Journal of Islamic Studies and Humanities Vol. 9 No. 1 (2024): Journal of Islamic Studies and Humanities
Publisher : UIN Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/jish.v9i1.20082

Abstract

Purpose of this Study Researchers will examine the provision of child custody due to mothers who have apostatized. from 2 different religious court decisions, both of which have different considerations and rulings. This research is a normative juridical research using statute approach and case approach. Primary data sources are Decision Number 2800/Pdt.G/2018/PA.JB and Decision Number 0679/Pdt.G/2020/PA.Klt, Law Number 1 of 1974 concerning marriage, and the Compilation of Islamic Law (KHI). Secondary data sources are books, journals, articles and related literature. Based on the results of this study, it was found that a mother who apostatized could also not get custody of the child. his is in accordance with the book, hadith, fiqh rules, Supreme Court Jurisprudence No. 210/K/AG/1996, 110 K/Ag/2007, and viewed from the perspective of Maqasid al-Syari'ah can be seen in giving custody of the child to his father solely to maintain the element of hifz ad-din of the child. In the aspect of hifz ad-din, it is included in the ad-dharuriyat needs because the granting of child custody to an apostate mother can threaten the child's religion, such as the transition of the child's religion. In giving custody of children to their mothers, it is included in the needs of al-hājiyāt, namely hifz an-nafs.
Co-Authors Husniati, Siti Ida Kamarusdiana, Kamarusdiana Maharani, Vanya Faby