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All Journal JURNAL MAHKAMAH Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Qodir Zaelani, Abdul
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Long Distance Relationship in Husband and Wife Couples in Bandar Lampung: Review on Maslahah Mursalah Adi Saputra, Fahmi; Qodir Zaelani, Abdul; Hermanto, Agus
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 2 December (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i2.2686

Abstract

In married life, husband and wife ideally live together in one place of residence so that they can carry out their authority and responsibilities as husband and wife to create a harmonious family. But it’s different with the implementation of the authority and responsibilities of husband and wife that occur in Sukarame Village, Bandar Lampung, where the husband does’nt live with his wife and childrens in one house because the husband works outside the city to earn a living or better families economy, which requires them not to live together for a period, which resulted in them not being able to lead a life together, leaving their wifes and children at home, and have a long distance relationship. The purpose of this study is to examine the exercise of authority and responsibility of husbands and wifes who don’t live together from the perspective of mas̲lah̲ah mursalah. This type of research is qualitative in the form of field research. The results of this study indicate that in Sukarame Village, Bandar Lampung, the authority and responsibilities of husband and wife do not live together, namely by calling each other or WhatsApp and video calls, although they still must meet face to face and transfer some money for their daily needs. From the point of view of mas̲lah̲ah mursalah, it is included in the interests of individuals or minorities and cannot be used as evidence because it only benefits the couple and therefore does not fulfill the conditions required by mas̲lah̲ah mursalah
Pandangan Maqashid Syari’ah tentang Harta Bersama Pasca Perceraian pada Status Perkawinan Semenda pada Masyarakat Adat Lampung Saibatin di Kecamatan Batu Brak Fikriyah, Kunidhurotul; Syukur, Iskandar; Qodir Zaelani, Abdul
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i4.10137

Abstract

This study examines the concept of joint property division after divorce within the semenda marriage system of the Lampung Saibatin customary community, where the husband resides in the wife’s family environment. This socio-cultural arrangement influences ownership, control, and distribution of marital assets, often creating imbalances when separation occurs. Using a qualitative socio-legal approach and the framework of maqāshid al-sharīʿah, this research analyzes how Islamic legal principles align with or diverge from customary practices. Data were collected through field observations, interviews with customary and religious leaders, and analysis of secondary literature and legal documents. The findings reveal that Lampung Saibatin’s semenda practice recognizes shared property but lacks standardized procedures for its division after divorce. The maqāshid al-sharīʿah perspective particularly hifẓ al-māl (protection of wealth), hifẓ al-nasl (protection of lineage), and hifẓ al-ʿirdh (protection of dignity) offers an integrative solution to ensure fairness and gender equity. It recommends that property distribution should not be strictly equal but proportional to each party’s contribution and social responsibility. Harmonizing Islamic law and local custom through mediation, prenuptial agreements, and recognition of non-monetary contributions can achieve substantive justice and preserve social harmony in the Lampung Saibatin community.
Co-Authors Adi Saputra, Fahmi Agus Hermanto Fikriyah, Kunidhurotul Iskandar Syukur