Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Mazahibuna: Jurnal Perbandingan Mazhab Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Azamy, Muhammad Mumtaz
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice

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

Found 2 Documents
Search

 1 
Dilemmas of Fatwas Freedom in Morocco: Between Diversity of Religious Perspectives or National Stability Ashufah, Abdul Hayyaqdhan; Abderrahmane, Kchich; Hamzah, Alya Aulia Rachman; Aatifi, Omayma; Azamy, Muhammad Mumtaz
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.58090

Abstract

In Morocco, fatwa authority has been strictly centralized through the Al-Majlis al-‘Ilmi al-A‘la under the King’s religious leadership as Amir al-Mu’minin. This system seeks to preserve the unity of the Maliki school and maintain national stability, yet it simultaneously raises dilemmas concerning the freedom of fatwas and the diversity of religious perspectives. This study analyzes the construction of Morocco’s fatwa authority and examines society’s responses to this centralized framework. Employing a descriptive-qualitative method with a socio-legal Islamic approach, the research draws on literature review and document analysis, utilizing primary sources such as official fatwas issued by Moroccan religious institutions and secondary sources including academic articles and digital media. The findings show that fatwas in Morocco serve not only as religious guidance but also as instruments of state legitimacy in shaping and regulating public religious discourse. At the same time, certain segments of society express resistance by turning to independent scholars and digital platforms, thereby challenging the state’s monopoly over religious interpretation. The article contributes to academic discourse by mapping the dynamics between state and religious authority in the Moroccan context and highlighting the epistemological challenges posed by digitalization and social transformation. Ultimately, this study underscores the tension between institutional stability and societal pluralism, offering insights into how fatwas function as both theological and political tools in contemporary Islamic law.
Judicial Remedies for Breach of Custody Agreements (Hadhanah) in Divorce Proceedings: Evidence from Makassar Religious Court Mughni, Muh Shodiq; Qadri, Muhammad Al-Lail; Azamy, Muhammad Mumtaz
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59290

Abstract

Divorce often raises legal issues related to custody (child custody), especially when there is a breach of contract or violation of obligations by one of the parties, thereby creating new conflicts between former spouses and impacting the fulfillment of children's rights. This study aims to analyze the role of judges in handling post-divorce custody breaches, both in terms of prevention and enforcement, with a focus on practices in the Makassar Religious Court. This study uses a qualitative method with an empirical juridical approach that combines primary and secondary data. Data was collected through court observations, in-depth interviews with judges and related parties, analysis of court decisions, and a study of Islamic family law literature and national regulations. The results of the study show that the dominant forms of default include neglecting responsibility for the child, abandoning financial support, and attempting to prevent the other party from meeting the child. In terms of prevention, judges consider the principle of the best interests of the child, the age of the child, moral suitability, and the economic capacity of the parents before determining custody rights. Meanwhile, in enforcing the law against breaches that occur, judges provide legal recourse for aggrieved parties to file a lawsuit to revoke custody rights or revise custody decisions, thereby ensuring that the interests of the child are protected. This study shows that judges in the Religious Court do not merely perform formal judicial functions, but also play a protective role towards children by balancing Islamic legal norms, national regulations, and values of public interest. Strengthening the role of judges in addressing hadhanah breaches is important to provide legal certainty while ensuring the protection of children's rights after divorce.
Co-Authors Aatifi, Omayma Abderrahmane, Kchich Ashufah, Abdul Hayyaqdhan Hamzah, Alya Aulia Rachman Mughni, Muh Shodiq Qadri, Muhammad Al-Lail