Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Mawaddah: Jurnal Hukum Keluarga Islam Al-battar: Jurnal Pamungkas Hukum
Uchime, Ozioma Victoria
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Other

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

Found 2 Documents
Search

 1 
Child Custody in Divorce of Husband Abandonment: Judge's Subjectivity Based on the Benefit of the Child Determination No. 310/Pdt.G/2023/MS. Bna Marta, Rahma Fitria; M. Yunus, Fakhrurrazi; Fithria, Nurul; Uchime, Ozioma Victoria; Afiqah Daud, Nur Farahin
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.490

Abstract

Divorce due to husband neglect is a family problem that has a significant impact on the protection of children's rights, especially in the determination of custody (hadhanah). This condition requires legal considerations that put the best interests of children as the top priority. This research focuses on the Decision of the Banda Aceh Syar'iyah Court Number 310/Pdt.G/2023/MS. Bna to examine the extent of the judge's consideration in determining child custody in the case of husband neglect. The purpose of this study is to analyze the basis of the judges' deliberations and assess them from the perspective of Islamic law. This study uses a qualitative method with a normative juridical approach. Data was obtained through a literature study that included analysis of court decisions, laws and regulations, and relevant fiqh literature. The data was analyzed descriptive-analytically to identify the suitability between judges' considerations, positive legal norms, and Islamic legal principles in determining child custody. The results of the study showed that the panel of judges determined the right of hadhanah to the mother with the consideration that the husband was proven to have committed neglect, did not provide maintenance, and did not meet the moral feasibility in raising children. This consideration is in line with the provisions of Article 105 of the Compilation of Islamic Law and the principle of the welfare of children in Islamic law. Thus, the ruling reflects the harmonization between positive law and Islamic law in ensuring the best protection for children after divorce. Therefore, this study recommends that courts consistently prioritize the principle of the best interests of the child and strengthen benefit-based considerations in every custody decision in family neglect cases.
Waqf as a Sustainable Fiscal Instrument in Islamic Economics: A Disaster Management Perspective Dunur'aeni, Mochammad Ae; Fadllurrohman, Fadllurrohman; Purwanti, Hera; Purwatiningsih, Aris Puji; Uchime, Ozioma Victoria
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.26

Abstract

This study aims to analyze the role of waqf as an instrument to support fiscal policy in the Islamic economic system, especially in disaster management. The approach used is descriptive qualitative with secondary data sources in the form of classical and contemporary literature in sharia economic law. The data were analyzed thematically to identify the distribution mechanism and implementation of waqf in the disaster management cycle. The results of the study show that waqf is an instrument of Islamic philanthropy that has significant potential as a source of public income other than zakat, infaq, and alms. In contrast to zakat which is mandatory, waqf is voluntary but has a sustainability character through the management of productive assets. The status of waqf is included in the category of al-milkiyyah al-'ammah, although in certain practices it can be al-expert. In the context of disaster management, waqf can be implemented in three main stages, namely mitigation (reforestation and environmental conservation), emergency response (provision of shelter, health services), and rehabilitation (reconstruction of public facilities such as hospitals, madrasas, and mosques). These findings confirm that waqf has a strategic position as a sustainable alternative fiscal instrument in strengthening sharia-based socio-economic resilience. Therefore, it is recommended that there be the integration of waqf in national fiscal policy, the strengthening of nadzir institutions, and innovations in productive waqf management to be optimal in supporting an effective and sustainable disaster management system.
Co-Authors Afiqah Daud, Nur Farahin Dunur'aeni, Mochammad Ae Fadllurrohman, Fadllurrohman Fithria, Nurul M. Yunus, Fakhrurrazi Marta, Rahma Fitria Puji Purwatiningsih, Aris Purwanti, Hera