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All Journal YUSTISI TAHKIM Yustisi: Jurnal Hukum dan Hukum Islam
Khairul, Mohd
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Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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URGENSI HIFZ AL-DĪN DALAM PENETAPAN HAK ASUH ANAK DI MALAYSIA: TINJAUAN MASLAHAH MURSALAH Khairul, Mohd; Pramadani, Putrina Srimulya; Haj, Hakan Alfijar; Muhammad, Pauzi; Mursalin, Ayub
TAHKIM Vol. 21 No. 2 (2025): TAHKIM
Publisher : IAIN Ambon

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Abstract

Instilling religious values in children is a primary responsibility of every Muslim parent. This is crucial because religious education will shape children's behavior and morals in accordance with Islamic teachings. In this context, attention to children's religious education applies not only to intact families but is also highly relevant in situations of parental divorce. Children of divorced couples often face psychological and social instability, making the instilling of religious values a crucial factor in maintaining balance in their lives. In Malaysia, child custody, or hadhanah, is regThis study aims to analyze hadhanah regulations in Malaysia with a focus on protecting children's religious values. This study uses a normative approach, namely an approach that examines the law based on applicable norms, and uses the theory of maslahah mursalah as the basis for analysis. This research method is library research, with data sources derived from various scientific works such as journals, books, theses, and dissertations. Based on the results of the study, it was found that judges in the Malaysian Sharia Court place religious aspects as the primary consideration in deciding hadhanah cases. This indicates that protecting a child's religion is seen as part of hifdz al-dīn (maintaining religion), which is included in the hajiyah level in the hierarchy of needs according to maqāṣid al-sharī‘ah. Thus, hadhanah regulations in Malaysia are in line with sharia principles that emphasize the welfare of the community.ulated by Islamic family law. One crucial aspect of this regulation is protecting the child's religious beliefs to ensure they remain in line with Islamic beliefs and teachings, particularly when one parent is of a different religion or does not consistently practice Islam. Key words: Hadhanah, protection, religion, children.
PRODUK PEMIKIRAN HUKUM ISLAM DI INDONESIA KONTEKSTUALISASI SYARIAT DALAM REALITAS SOSIAL DAN BUDAYA Umar, Hasbi; Bafadhal, Husin; Khairul, Mohd; Amir, Mirna Novita
YUSTISI Vol 13 No 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/yustisi.v13i1.21754

Abstract

Islamic law in its history, was applied in the first year of the hijri in Medina by the Prophet Muhammad (peace be upon him), on the basis of the constitution of the Charter of Medina. In the muqaddimah it is written, that the Charter of Medina is a product of Islamic legal thought, if reviewed from the social history of Islamic law, then its growth and development began from the time of the Prophet (peace be upon him) until now, the change in Islamic law is also influenced by the progress and plurality of socio-cultural and political in a society. In this study, the author uses the Library Research method, which contains theories that are related to research problems. The result of this research is that Islamic Law in Indonesia has become an institutionalized institution including jurisprudence, fatwa, jurisprudence, and laws where its formation is a process of contextualization that is closely related to the social dynamics and local wisdom of Indonesian society. Following the methodological tradition of classical mujtahid scholars, this legal product consistently integrates local cultural values; Local wisdom is even recognized as a binding order. This makes Indonesian Islamic law, especially on the issue of marriage and inheritance, adaptive and responsive, showing a deep appreciation for the social development of the community over time.
PRODUK PEMIKIRAN HUKUM ISLAM DI INDONESIA KONTEKSTUALISASI SYARIAT DALAM REALITAS SOSIAL DAN BUDAYA Umar, Hasbi; Bafadhal, Husin; Khairul, Mohd; Amir, Mirna Novita
YUSTISI Vol 13 No 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/yustisi.v13i1.21754

Abstract

Islamic law in its history, was applied in the first year of the hijri in Medina by the Prophet Muhammad (peace be upon him), on the basis of the constitution of the Charter of Medina. In the muqaddimah it is written, that the Charter of Medina is a product of Islamic legal thought, if reviewed from the social history of Islamic law, then its growth and development began from the time of the Prophet (peace be upon him) until now, the change in Islamic law is also influenced by the progress and plurality of socio-cultural and political in a society. In this study, the author uses the Library Research method, which contains theories that are related to research problems. The result of this research is that Islamic Law in Indonesia has become an institutionalized institution including jurisprudence, fatwa, jurisprudence, and laws where its formation is a process of contextualization that is closely related to the social dynamics and local wisdom of Indonesian society. Following the methodological tradition of classical mujtahid scholars, this legal product consistently integrates local cultural values; Local wisdom is even recognized as a binding order. This makes Indonesian Islamic law, especially on the issue of marriage and inheritance, adaptive and responsive, showing a deep appreciation for the social development of the community over time.
Co-Authors Amir, Mirna Novita Ayub Mursalin Bafadhal, Husin Haj, Hakan Alfijar Hasbi Umar Muhammad, Pauzi Pramadani, Putrina Srimulya