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Syahrul Mubarak Subeitan
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Al-Mujtahid: Journal of Islamic Family Law
Published by Institut Agama Islam Negeri Manado
ISSN : 28092805     EISSN : 28090756     DOI : http://dx.doi.org/10.30984/ajifl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Mujtahid: Journal of Islamic Family Law mainly focuses on Islamic Family Law and Islamic Law. with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, and is intended to communicate the original researches and current issues on the subject. Detailed scopes of articles accepted for submission to Al-Mujtahid: Journal of Islamic Family Law are: 1. Study of the Islamic Social Institution of Family Law 2. Basic Study of Islamic Family Law Science 3. Islamic Family Law Dispute Resolution 4. Contemporary Study of Islamic Family Law 5. Islamic Family Law in the World
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
 1   2 
Search results for , issue "Vol 4, No 1 (2024)" : 12 Documents clear
The Relevance of Safar Law for Women Without Mahram to Family Economic Independence in the Era of Society 5.0 Kristiane, Desy; Hidayatullah, Muhammad Syarief
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.2994

Abstract

In the era of Society 5.0, women have many opportunities and facilities if they want to strengthen their family's economic independence. However, a law prohibits women from traveling without a mahram. Many hadith texts prohibit women from traveling without a mahram, which are contradictory and have multiple interpretations, making the law of women traveling different opinions. This article will analyze the law and whether it is still relevant if it is associated with the demands of economic independence in the era of Society 5.0 by using a qualitative descriptive method approach to produce a legal analysis and get a new conclusion. It can be concluded that the law regarding the prohibition of women traveling without a mahram is broadly divided into two, namely prohibiting absolutely and detailing the law in two circumstances, namely related to interests or needs and safety factors. Then, the many positive opportunities and conveniences in this Society 5.0 era make it easier for women to implement the law regarding the prohibition of traveling without a mahram and make it relevant even in this advanced era.
Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.

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