Aminudin Aminudin
Institut Agama Islam Daar Al Uluum Asahan

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Analysis of Maqāṣid al-Sharī’ah on the Protection of Children’s Rights Following Divorce Aminudin Aminudin; Nawir Yuslem; Iqbal Irham
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.51370

Abstract

This study aims to analyze the protection of children’s rights following divorce by employing the framework of Maqāṣid Sharī’ah as a normative and philosophical foundation within Islamic law. Divorce is a social phenomenon that not only affects the marital relationship between spouses but also generates serious consequences for the fulfillment and protection of children’s rights. In many cases, children become the most vulnerable parties, suffering psychological, economic, and social harm as a result of the dissolution of their parents’ marriage. Therefore, the protection of children’s rights after divorce constitutes a crucial issue that requires comprehensive examination, including from the perspective of Islamic law through the Maqāṣid Sharī’ah approach. This research adopts a qualitative methodology with a normative-juridical approach. Data were collected through library research on primary and secondary sources, including the Qur’an, Hadith, classical fiqh texts, statutory regulations related to child protection, as well as relevant scholarly literature. Data analysis was conducted by linking the concept of post-divorce child rights protection to the fundamental objectives of Maqāṣid al-Sharī‘ah, namely the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that the protection of children’s rights after divorce is strongly aligned with the principles of Maqāṣid al-Sharī‘ah, particularly in safeguarding children’s survival, well-being, and optimal development. The protection of children’s rights following divorce constitutes both a al-sharī’ah-based and humanitarian imperative and serves as a key indicator of justice within Islamic family law, as Maqāṣid al-Sharī’ah must be oriented toward human welfare and quality-of-life development (human development).
Integrating Halal Tayyib Assurance in Public Nutrition Programs: A Critical Analysis of MBG and SPPG Legal Frameworks in Indonesia Syahrul Syahrul; Adnan Buyung Nasution; Aminudin Aminudin; M. Thahir; Syawaluddin Damanik
JURNAL MERCATORIA Vol. 19 No. 1 (2026): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v19i1.17956

Abstract

This article aims to analyze the integration between nutritional fulfillment policies and the halal assurance system within the Free Nutritious Meals (MBG) and Nutrition Fulfillment Service Units (SPPG) programs in Indonesia. The problem is focused on the existence of a regulatory and structural gap between nutrition-based policy implementation and halal compliance within public food governance. In order to approach this problem, a theoretical reference is used based on maqāṣid al-sharīʿah, halal governance theory, and public policy integration frameworks. The data is collected through library research (normative-juridical study) involving primary, secondary, and tertiary legal materials, and analyzed qualitatively using descriptive-analytical methods. This study concludes that the MBG and SPPG programs still emphasize nutritional adequacy while lacking systematic integration of halal assurance, resulting in policy fragmentation and a dualism of assurance. Therefore, an integrative SNIF (Sharia-Nutrition Integration Framework) model is proposed to bridge nutritional and halal dimensions in public food policy to achieve a more holistic, ethical, and inclusive governance system.