Article Per Year (5 Year)
p-Index From 2021 - 2026
0.947
P-Index
This Author published in this journals
All Journal Concept: Journal of Social Humanities and Education AHKAM : Jurnal Hukum Islam dan Humaniora International Journal of Law
ABD Rouf
Unknown Affiliation
Religion Humanities Astronomy Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
Perjanjian Perkawinan dalam Upaya Perlindungan Hak-Hak Perempuan ABD Rouf; Nynda Fatmawati Octarina
Concept: Journal of Social Humanities and Education Vol. 3 No. 2 (2024): Juni : Concept: Journal of Social Humanities and Education
Publisher : Sekolah Tinggi Ilmu Administrasi Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/concept.v3i2.1215

Abstract

In a marriage, the aim is to create a happy household, a family filled with peace, love and affection. Marriage causes the mixing of husband and wife's assets or joint assets, unless they make a Marriage Agreement which regulates the separation of assets. A marriage agreement does not only discuss matters of property but also all matters related to the obligations of husband and wife. Prior to the Constitutional Court Decision No. 69/PUU-XIII/2015, marriage agreements could only be made before the marriage occurred. And after the issuance of Constitutional Court Decision No. 69/PUU-XIII/2015, agreements can be made after marriage. The purpose of the marriage agreement is to provide preventive and repressive legal protection, in addition to preventing problems arising in the household such as fighting over property, domestic violence, negligence of rights and obligations between husband and wife. This is a form of protecting women's rights in marriage.
Enforcement Challenges in Human Rights Protection Under International Law Nur 'Azah; Abd Rouf
International Journal of Law Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025
Publisher : Badan usaha Milik Desa Berkaho Pungpungan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64084/ijl.v1i1.52

Abstract

Despite the proliferation of international human rights instruments, the enforcement of these rights remains a persistent challenge in global governance. This article explores the structural, legal, and political obstacles that hinder the effective protection of human rights under international law. Drawing on a qualitative library research approach, the study examines the limitations of international courts and treaty bodies, the lack of binding enforcement mechanisms, issues of state sovereignty, and political selectivity in applying international standards. The findings suggest that although significant normative frameworks exist such as the Universal Declaration of Human Rights, the International Covenants, and regional human rights conventions their implementation is uneven and often undermined by geopolitical interests and weak institutional authority. This article contributes to ongoing debates by emphasizing the need for stronger compliance mechanisms, improved state accountability, and enhanced cooperation between international institutions and domestic legal systems. Ultimately, addressing enforcement gaps is essential for the realization of human rights as universal and justiciable standards.
Inheritance Rights of Children Born Out of Wedlock: Comparative Indonesia and Malaysia Child Protection Radbruch Analysis Ikwal Pangsa Chaniago; Abd Rouf
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10756

Abstract

Constitutional Court Decision No. 46/PUU-VIII/2010 marked a paradigm shift in Indonesian family law by recognizing the legal relationship between children born out of wedlock and their biological fathers, particularly in relation to inheritance rights previously constrained by the absence of marriage registration. This study aimed to analyze the legal implications of the decision through Law No. 35 of 2014 on Child Protection and Gustav Radbruch’s legal values of justice, utility, and legal certainty. The study employed doctrinal and philosophical approaches to evaluate whether the decision fulfills substantive justice and the principle of the best interests of the child. The findings indicate that the decision aligns with Radbruch’s three legal values by advancing child protection and reducing discriminatory treatment against children born out of wedlock. However, a significant gap remains between normative recognition and practical enforcement due to the absence of clear technical regulations and unequal access to DNA testing mechanisms. In comparison, Malaysia applies a more conservative Islamic legal framework, in which children born out of wedlock are legally recognized only in relation to the mother and are excluded from inheritance rights from the biological father under faraid principles, although limited protection may be provided through hibah, wasiat, or state welfare institutions. The study concludes that Constitutional Court Decision No. 46/PUU-VIII/2010 provides an important foundation for strengthening substantive justice and child protection in Indonesia, but its effectiveness depends on clearer regulatory implementation. These findings contribute to the discourse on comparative family law, child protection, and legal philosophy, while offering practical implications for policymakers to strengthen legal certainty and ensure equal protection for all children without discrimination.
Status Harta Pusaka dan Harta Pencaharian dalam Sistem Mayorat Laki-Laki Masyarakat Lampung Pepadun Perspektif Kompilasi Hukum Islam Lu’lu’ Salamah; Abd Rouf
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10759

Abstract

Although the male primogeniture system in the Lampung Pepadun community has become an important part of customary identity, normative issues arise when the eldest son is positioned as the successor to customary status and manager of all inherited property without distinguishing between the status of ancestral property and acquired property. This study aims to analyze the position of ancestral property and acquired property in the male primogeniture system of the Lampung Pepadun community and their legal status under the Compilation of Islamic Law. This study used a normative legal method with statutory, conceptual, and limited comparative approaches. Legal materials were collected through library research and analyzed qualitatively. The results show that communal ancestral property can continue to be maintained under customary management by the eldest son as penyimbang, as long as it is not interpreted as absolute private ownership. Conversely, the legal status of acquired property needs to be examined as either personal property or joint marital property. If the acquired property is classified as joint marital property, the surviving spouse’s share must first be separated before the deceased’s share is distributed to the heirs. The conclusion of this study affirms that the male primogeniture system can still be maintained as the customary identity of the Lampung Pepadun community, but its application must be limited so that it does not eliminate the rights of spouses and heirs under the Compilation of Islamic Law. These findings contribute to the development of studies on customary inheritance law and Islamic law and imply the importance of harmonizing customary inheritance practices with the principles of justice in Islamic family law.
Pembuktian Paternitas Berbasis DNA dan Hak Waris Anak Luar Nikah: Studi Komparatif Indonesia dan Turki dalam Perspektif Maqasid Shariah Thahir Ibn ‘Asyur Safrida Ramadhania; Abd Rouf
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.11000

Abstract

The development of DNA testing technology has increased the ability to prove the biological relationship between a child and their biological father; however, this scientific certainty has not been fully followed by legal certainty in the field of inheritance. This study aims to analyze the relationship between DNA-based proof of paternity and the inheritance rights of children born out of wedlock in Indonesian Islamic law, compare it with the Turkish legal system, and formulate a model for protecting economic rights in accordance with the perspective of maqāṣid al-sharī‘ah of Thahir Ibn ‘Āsyūr. This study used a normative legal research method with statutory, conceptual, comparative, and maqāṣid al-sharī‘ah approaches. Primary legal materials in the form of laws and regulations, court decisions, fatwas, and Turkish legal provisions were analyzed descriptively-analytically and prescriptively. The results show that Constitutional Court Decision Number 46/PUU-VIII/2010 has opened civil relations between children born out of wedlock and their biological fathers that can be proven through science and technology, including DNA testing. However, the Compilation of Islamic Law and MUI Fatwa Number 11 of 2012 continue to limit lineage relations and inheritance rights to the mother and her family. Conversely, Turkish law shows a clearer connection between proof of paternity, determination of the child’s legal status, and inheritance rights. The conclusion of this study affirms that the protection of the economic rights of children born out of wedlock in Indonesian Islamic law can be reconstructed through an obligatory bequest that is imperative after the biological relationship has been proven through DNA and determined by a court. These findings contribute to the development of Islamic family law and inheritance law by offering a child protection model oriented toward public benefit without disregarding the principle of lineage.
Co-Authors Ikwal Pangsa Chaniago Lu’lu’ Salamah Nur 'Azah Nynda Fatmawati Octarina, Nynda Fatmawati Safrida Ramadhania