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All Journal Reformasi Hukum Trisakti Legitima : Jurnal Hukum Keluarga Islam
Mohammad Rafli
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Principle of Reciprocity in Contemporary Court Decisions: Analysis of Qirā'ah Mubādalah in Divorce Decisions of the Surabaya Religious High Court Ma'shum, Ali; Yustafad; Fatmah; Nailal Muna; Mohammad Rafli; Muhammad Khowarizmi
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/d0mvem37

Abstract

Purpose – The purpose of this study is to analyze contemporary judges' considerations in divorce case rulings at the Surabaya Religious High Court and to examine the principle of reciprocity in the Qirā'ah mubādalah theory. Alimony rulings are not based on the status of the father (male) or the mother (female), but rather on who is considered more capable of fulfilling it. Method - The method used was library research by reviewing the divorce decision of the Surabaya Religious High Court in case No. 217/Pdt.G/2021/PTA.Sby. The analysis was carried out using the concept of Qirā’ah mubādalah theory. Findings – The results of the study show that the judge's considerations were not only focused on normative aspects, but also on the socio-economic context of the parties and the correction of procedural errors at the first level. The revocation of māḍiyah income and the adjustment of ḥaḍānah income reflect situational justice in accordance with Q.S. At-ṭalāq. The principle of Qirā'ah mubādalah in the Surabaya Religious High Court (PTA) decision can be seen from the placement of men and women as equal subjects. The adjustment of livelihoods reflects mutual and relational justice, and shows that mubādalah values can be integrated into formal law in a fair and legitimate manner. Research implications and limitations – The limitation of this paper is that it does not present many court decisions on divorce cases as comparative data for this decision. Originality – The study is original in applying Qirā’ah mubādalah to court decision analysis.
Indonesia Mohammad Rafli; Sri Untari Indah Artati
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18405

Abstract

Comparative law is the activity of comparing laws from various countries, the purpose of which is to contribute to the development of new laws and regulations or their amendments and find how similarities and differences in concepts, legal institutions that contribute, legal systems used. In Indonesia, land law is regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, hereinafter referred to as UUPA, while in Russia land law is regulated in The Land Of Code Russia No. 136-FZ of 2001. The formulation of this research problem is how are the similarities and differences in the regulation of buying and selling land in Indonesia and Russia, the research method uses normative juridical type, the nature of descriptive research is sourced from secondary data, the research data is analyzed qualitatively and the conclusion is drawn using deductive. In addition, there are differences in the sale and purchase of land in Indonesia and Russia, namely the regulation of land sale and purchase, the meaning of land, the object of land sale and purchase, the transfer of rights from the seller to the buyer, the initial agreement, the parties authorized to make the agreement.
Perjanjian Pasca-Nikah (Postnuptial Agreement) dalam Konteks Maqashid al-Syari’ah: Analisis Pandangan al-Syatibi Mohammad Rafli; Fahmi Muhaemin Zaen; Sya’bana, Bambang Ari
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.4121

Abstract

Purpose – The aim of this research is to delve into and elucidate the concept of post-marital (postnuptial agreement.) agreements within the framework of the Maqashid al-Syari'ah, particularly through the lens introduced by al-Syatibi. Methods – The research methodology employs a Library Research approach grounded in the perspective of Maqashid al-Syari'ah as articulated by al-Syatibi, centering on descriptive analysis. This process entails systematic exploration and examination of literature and pertinent sources to grasp the nuances of Maqashid al-Syari'ah concepts as elucidated by al-Syatibi, while providing comprehensive insights into the intricacies of post-marital agreements within this framework. Findings – The study reveals that post-marital agreements play a crucial role in managing marital assets, especially in polygamous marriages, while prioritizing family welfare. Through the lens of Maqashid al-Shari'ah, marriage contracts ensure various benefits: preserving religious values, safeguarding against health risks, protecting children from psychological trauma, ensuring offspring welfare and rights, and safeguarding property rights, particularly in polygamous unions, thus enhancing economic stability within families. Research implications – The theoretical implications underscore the crucial role of maqashid al-Shari'ah in shaping post-marital agreements and Islamic marriage contracts. They stress that concepts like Hifz al Din, Hifz al Nafs, Hifz al 'Aql, Hifz al Nasl, and Hifz al Mal are pivotal in ensuring these agreements reflect Islamic values and offer optimal protection for all involved. Moreover, they prompt further exploration of the interplay between Islamic law, maqashid al-Shari'ah, and marital practices, enhancing theoretical understanding and informing legal policies in Muslim societies. Originality/value – In sum, the study underscores the profound implications of post-marital agreements and marriage contracts within the framework of maqashid al-Shari'ah, underscoring their role in fostering familial harmony, protecting individual rights, and upholding Islamic principles of justice and equity.
Co-Authors Fahmi Muhaemin Zaen Fatmah Ma'shum, Ali Muhammad Khowarizmi Nailal Muna Sri Untari Indah Artati Sya’bana, Bambang Ari Yustafad