Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam
Muammar M. Bakry
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
IMPLEMENTASI HUKUM ISLAM DALAM PENETAPAN HAK ASUH ANAK PASCA PERCERAIAN DI INDONESIA Nurfaika Ishak; Kurniati; Misbahuddin; Muammar M. Bakry; Abd. Rauf M. Amin
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 1
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i1.54941

Abstract

Child custody is one of the crucial aspects in divorce cases, often becoming a dispute between separating spouses. This study aims to analyze how Islamic law regulates child custody and how it is implemented in decisions of the Religious Court in Indonesia through a sociological approach. The research method used is library research, drawing from primary sources such as the Qur’an and Hadith, as well as various relevant scholarly works on child custody determination after divorce based on the enforcement and practice of Islamic law in Indonesia. The findings indicate that, in Islam, child custody is generally granted to the mother. However, its implementation in the Religious Court does not always follow this principle, as custody may also be awarded to the father based on specific considerations. Judges’ decisions regarding child custody take multiple factors into account, with the primary objective of safeguarding the child's best interests and well-being. As victims of divorce, children require protection, care, and affection from both parents to ensure proper growth and development while avoiding harmful psychological effects. Therefore, child custody determination is not solely based on normative texts but also considers the principle of child welfare (mashlahah al-thifl) as a fundamental guideline.
TINJAUAN MASHALIH AL-MURSALAH TERHADAP IDAH SUAMI MENURUT SURAT EDARAN DIRJEN BIMAS ISLAM NOMOR P-005/DJ.III/HK.00.7/10/2021 Salman Fattah; Muammar M. Bakry; Abd. Rauf Muhammad Amin
Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam Vol 6 No 2
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/qadauna.v6i2.54835

Abstract

This study discusses the concept of 'iddah for men (syibh al-iddah) based on the Circular Letter of the Director General of Islamic Community Guidance (Dirjen Bimas Islam) No. P-005/DJ.III/HK.00.7/10/2021 concerning Marriage During a Woman's 'Iddah Period. The research is analyzed through the maslahah al-mursalah approach, which explores aspects of benefit (maslahah), ease, and the prevention of harm (dharar). The concept of 'iddah for men is not explicitly regulated by definitive (qath’i) scriptural texts, making the istislahi method relevant for legal reasoning (istinbath al-hukm). The objective of this study is to examine how maslahah al-mursalah views 'iddah for men, based on the aforementioned circular. This research is qualitative in nature, using a library research approach with a descriptive-analytical method. The findings indicate that 'iddah for men provides benefits to both former husbands and wives, even though there is no explicit (qath’i) command in the Qur'an or the Hadith of the Prophet (peace be upon him) regarding it. Thus, the study concludes that the implementation of 'iddah for men, as outlined in the circular, is obligatory based on maslahah considerations, in order to prevent potential harm (dharar).
Co-Authors Abd. Rauf M. Amin Abd. Rauf Muhammad Amin Kurniati Misbahuddin nurfaika ishak Salman Fattah