Hidayatulloh, Yusuf
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Implementation of Harmonious Family in the Concept of Proportionality of Obligations and Rights of Husband and Wife Relations: A Perspective on the Compilation of Islamic Law Sar'an, Mohamad; Hidayatulloh, Yusuf; Gussevi, Sofia; Indrawan, Riski; Zuhri, Nur Alam Ullumuddin
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.24662

Abstract

The breakup of marriage is a permissible act, but Allah SWT does not like such a decision. In the implementation of the sakinah mawaddah and rahmah family, it is quite difficult to carry out but it is not impossible to do. The serious problem is how when a family can no longer be harmonized again to exercise rights and obligations proportionately, and whether it must end in a divorce that is hated by God. This research focuses on husband and wife to remain harmonious when carrying out obligations and rights that benefit from the perspective of KHI. This study uses a comprehensive literature study methodology based on normative legal research presenting data and facts from the perspective of compilation of Islamic law and socio-cultural phenomena of society. KHI has an important role in a legal decision process because KHI is sourced from 13 books that are complete and in accordance with the socio-cultural nature of the Indonesian state and then with the nature of Islamic law that is flexible so that it can adapt to the dynamic development of the times. Although there are several KHI rules that need to be updated, such as the tendency towards patriarchal culture because it has been a long time when it was formed, namely 33 years, it is used as a reference by legal subjects so that it can be more up-to-date again when used in more contemporary legal cases in the future.
Analisis Undang-Undang PKDRT Dalam Relasi Hukum Keluarga Kontemporer Tahir Mahmood Sar'an, Mohamad; Hidayatulloh, Yusuf; Albana, Rifki Hasan; Athaillah, Muhammad Farhan; Fauzi, Muhammad Rezky
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 1 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i1.42821

Abstract

This research aims to analyze the law on the elimination of domestic violence (PKDRT) in Tahir Mahmood's contemporary family law relations. Related to the methodology used in this research is normative juridical using qualitative data types of library research and content analysis using a descriptive analysis approach method. The results of the study show that victims of criminal acts of domestic violence are not unwilling to report the crimes of the perpetrators, but there are external forces that prevent them from reporting, one of which is the moral burden on the family and the patriarchal culture is still quite thick. Then law enforcement officials need to provide penalties that provide a deterrent effect to perpetrators of domestic violence in the process of implementing regulations so that the same mistakes are not repeated because if it ends in a peaceful way and is resolved in a family manner, there will be no significant results in providing security to victims because it is not justified regarding the implementation of Law number 23 of 2004 concerning PKDRT. Tahir Mahmood's methodology is one of the steps to reform the PKDRT law because it is in accordance with the situation of maslahat conditions and is relevant to the Indonesian state.