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All Journal Maqasid: Jurnal Studi Hukum Islam
Shavira Ayu Ningtias
UIN Maulana Malik Ibrahim Malang
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

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Pemenuhan Hak Mediasi Dalam Perkara Perceraian Untuk Narapidana Dibawah Lima Tahun ifada azka; M Irfan Maulana; Shavira Ayu Ningtias
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i1.26220

Abstract

It is important to discuss the fulfillment of the right to mediation in divorce cases for inmates under five years old so that we can find out about the rights of inmates who have not been fulfilled in divorce cases. The purpose of this writing is so that inmates continue to follow the steps in the case and the inmates continue to get their rights. The focus of this research is on the relationship between prisoners' rights and mediation as well as the relationship between prisoners' mediation rights in divorce cases. This research includes normative research, by taking data sources in the form of books, journals, and articles. The results of the study show that descriptive analysis is used. (1) There is a legal void in the fulfillment of the rights of prisoners under five years to be able to participate in mediation in divorce cases. (2) There is a legal void in the right of prisoners under five years to be able to participate in mediation in divorce cases.
Metode Sadd Al-Dzarī’ah dalam Rangka Penangguhan Pernikahan Menghadapi Kehamilan di Luar Nikah Shavira Ayu Ningtias; Ifada Azka Ahyu; M. Irfan Maulana
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i1.26222

Abstract

This research aims to examine the impact of marriage suspension on pregnant women in the context of the Sadd Al-Dzarī'ah Method. The main objective of this research is to understand the effectiveness of the Sadd Al-Dzarī'ah Method in preventing immoral acts and facilitating the moral rehabilitation process of individuals. This research method uses a qualitative approach by analyzing Islamic legal literature, the fatwas of scholars, and conducting indepth interviews with individuals who have experienced marriage suspension. The results show that the Sadd AlDzarī'ah method has a positive impact by providing opportunities for reflection and self-improvement for individuals involved in relationships outside of marriage. Families play a key role in supporting the rehabilitation process, creating an environment that supports positive change. However, there are also concerns regarding social stigmatization and legal uncertainty that can arise from the implementation of the Sadd Al-Dzarī'ah Method. The conclusion of this study is that the Sadd Al-Dzarī'ah Method has advantages in preventing immorality and fostering individual morals, but also needs more attention regarding its social and legal impacts. Further development can focus on a holistic approach and community education to strengthen collective understanding of the Sadd Al-Dzarī'ah Method.
Co-Authors ifada azka Ifada Azka Ahyu M Irfan Maulana M. Irfan Maulana