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All Journal Mabahits Journal of Islamic Mubādalah
Khudlori, Ahmad
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Religion Humanities Social Sciences

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Fikih Mubadalah and Its Challenges: A Study of Household Conflict Resolution in Lampung Province Rofi'i, Hilmi Yusron; Qohar, Abd; Khudlori, Ahmad; Muslimin, A
Journal of Islamic Mubadalah Vol. 1 No. 2 December (2024)
Publisher : Pondok Pesantren Darul Fata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/w0xa2n54

Abstract

This article is about the method of resolving conflict in the household through the application of mubadalah jurisprudence. The household conflict in question is like inequality in the division of tasks and responsibilities, as well as the lack of balance in decision-making which often becomes a source of disputes between husband and wife. The formulation of the problem in this article is how mubadalah jurisprudence can be applied as a solution to resolving household conflict and what are the obstacles faced in its implementation. The method used is qualitative with a phenomenological approach. Primary data was obtained through in-depth interviews with married couples who face conflict, community leaders, and family consultants. The location of the research was carried out in urban and rural areas in Lampung Province, Indonesia. Data analysis was carried out using the mubadalah theory which emphasizes the principle of mutuality in husband and wife relations. The results of the study indicate that the application of the mubadalah concept can be an effective solution in reducing household conflict, mubadalah prioritizes a more balanced husband and wife relationship. However, obstacles in implementing this principle include the strong patriarchal cultural factor and the weakness of society regarding the principles of mubadalah. The practical contribution of this research is to the understanding of society and institutions implementing Islamic law, such as the Religious Court and the Office of Religious Affairs, when making peace efforts or fostering the bride and groom to understand the importance of the principles of mubadalah.
ANALISIS PUTUSAN NOMOR 792/PDT.G/2018/PA.KLA TENTANG PELAKSANAAN PUTUSAN DWANGSOM DAN KONTRIBUSINYA DALAM PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA Oktavia, Dewi; Rofi'i, Hilmi Yusron; Qohar, Abd; Khudlori, Ahmad
MABAHITS: Jurnal Hukum Keluarga Vol 6 No 01 (2025): MEI
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v6i01.2234

Abstract

In making a decision, the Religious Court Judge should have certain considerations in deciding the hadhanah case accompanied by dwangsom. The cumulative hadhanah divorce suit accompanied by the dwangsom determination has been granted by the panel of judges in case Number 792/Pdt.G/2018/PA.Kla. This type of research is library research, namely legal research conducted by means of literature study. By using primary legal materials in the form of Decision on Case Number: 792/Pdt.G/2018/PA.Kla, secondary legal materials in the form of documents related to the research, and tertiary legal materials as a complement. Data management techniques through several stages, namely data examination (editing), data marking (coding), data reconstruction (reconstructing), and data systematization (systematizing). Based on the results of the study, it can be concluded that Decision Number: 792 / Pdt.G / 2018 / PA.Kla concerning Dwangsom in Divorce Cases of Hadhanah Compulsion Lawsuits shows that there will be a Contribution of Dwangsom as a manifestation of the values ​​of welfare and justice in the Renewal of Islamic Family Law in Indonesia. Because in cases of child custody, children as objects of lawsuits cannot be executed on the grounds that the child's position is different from property or objects. Thus, the hadhonah lawsuit accompanied by dwangsom in Decision Number: 792 / Pdt.G / 2018 / PA.Kla is an effort to prevent harm and injustice to the defendant not to hand over the child.
Co-Authors Muslimin, A Oktavia, Dewi Qohar, Abd. Rofi'i, Hilmi Yusron