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All Journal Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Al-Bayyinah
Afifah. HS, Nur
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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PERTIMBANGAN HUBUNGAN SUAMI ISTRI DALAM PUTUSAN HAKIM CERAI GUGAT PERSPEKTIF MASLAHAH MURSALAH Afifah. HS, Nur; muljan, Muljan; Arnita Sari, Dewi; Febriany, A. Very
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 7 No 2 (2025): Volume 7, Nomor 2, Desember 2025
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v7i2.10659

Abstract

The phenomenon of increasing divorce cases in Indonesia shows that women are becoming more legally aware, but at the same time they still face structural barriers in the religious court process. One example of this can be seen in Decision Number 10/Pdt.G/2022/PA.Wtp at the Watampone Religious Court, where the judge dismissed the divorce petition because the parties were still in a marital relationship after the petition was filed. This study aims to analyze the basis of the judge's considerations in this case from the perspective of maslahah mursalah. The results of the study show that the judge applied the principle of dar'u al-mafasid muqaddam 'alā jalb al-maşālih by rejecting the lawsuit (Niet Ontvankelijk Verklaard). The aim was to preserve hifz al-nasl (lineage) and prevent harm in the form of uncertainty regarding the legal status of children, as well as to preserve the integrity of the household. Normatively, this decision upholds the maqasid syariah (objectives of Sharia law). However, in practice, the interpretation of maslahah mursalah must be refined by increasing gender sensitivity and considering al-maslahah al-fardiyyah (individual interests) to achieve substantive justice
The Role of the Penghulu in Reproductive and Sexual Health Education for Prospective Brides and Grooms in Tanete Riattang Timur District from an Islamic Family Law Perspective Afifah. HS, Nur; Hamzah; T, Jamaluddin; Febriany, A. Very
Al-Bayyinah Vol. 9 No. 2 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i2.10482

Abstract

This study was motivated by the suboptimal delivery of reproductive and sexual health material in premarital counseling at the Tanete Riattang Timur District KUA, even though the lack of understanding among prospective brides and grooms often contributes to domestic conflicts and divorce. The main questions of this study are what role the penghulu (religious official) plays in reproductive and sexual health education for prospective brides and grooms and how this role is analyzed from the perspective of Islamic Family Law. This study uses a qualitative method with a field research design through a normative juridical, empirical juridical, normative theological, and legal sociological approach. Data were collected through observation, interviews, and documentation, then analyzed descriptively and qualitatively through data reduction, data presentation, and conclusion drawing. The results show that the penghulu has carried out an educational function through marriage guidance, counseling, and facilitation of cross-sector cooperation, but the delivery of reproductive and sexual health material is still limited due to constraints in competence, time, and technical support. Analysis using the maqāṣid al-syarī‘ah theory confirms that the role of the penghulu is in line with efforts to protect life, offspring, and religion, so that this education has a strategic role in ensuring the physical and mental readiness of prospective brides and grooms and preventing domestic disharmony.
Co-Authors Febriany, A. Very Hamzah Muljan, Muljan Sari, Dewi Arnita T, Jamaluddin