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Muhammad Husni Abdulah Pakarti
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Mawaddah: Jurnal Hukum Keluarga Islam
Published by Universitas Muhammadiyah Bandung
ISSN : -     EISSN : 30266076     DOI : https://doi.org/10.52496/mjhki.v1i1.7
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mawaddah: Journal of Islamic Family Law, an electronic journal that provides a forum for publishing research articles, literature reviews, field research and or book reviews on Islamic family law. The scope is as follows: 1. Marriage 2. Divorce 3. Joint Property 4. Child Custody 5. Inheritance 6. Waqf 7. Grant 8. Falak Science 9. Islam and Gender 10. Current Issues in Family Law 11. Islamic Law 12. Civil Law 13. Criminal Law 14. Customary Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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Transformation Of Family Law In Algeria Analysis Of The Pre- And Post Independence Period Gustamar, Andri; Efrinaldi, Efrinaldi; Hidayat, Rahmat; Amal, Benazza
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.68

Abstract

This study aims to reveal the influence of family law reform in Algeria on the socio-cultural life patterns of its people. As one of the Muslim countries in the African continent, Algeria has gone through various stages of legal reform, especially in the field of family law. These efforts include modernizing regulations, increasing the protection of women's rights, and adapting to changing social and cultural developments. Cultural and social values ​​play an important role in the formation of family law in this country. The findings of the study show that during the Ottoman Turkish rule, Islam was the main foundation in regulating people's lives. However, the arrival of French colonialism had a significant impact on the resilience of the Islamic legal system, as seen from France's efforts to integrate elements of European law into the existing Islamic legal system. On the other hand, French colonization also encouraged the development of family law in Algeria, as reflected in the ratification of the Marriage Law in 1959 known as the Ordinance. After gaining independence, Algeria experienced a major overhaul in its family law with the ratification of the Family Code 1984, which was later amended through Ordinance No. 2 of 2005.
Fuqaha's Views On Siri Marriage Adrianto, Adrianto; Sitorus, Khalid; Farid, Diana; Patronimik, Baktybek; Gussevi, Sofia
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.28

Abstract

Marriage is a sacred institution that is safeguarded by Sharia to ensure fairness, openness and sustainability of the relationship between husband and wife. One of these safeguards is the presence of guardians and witnesses in the marriage contract. Hikmah at-Tasyri' shows that the presence of guardians and witnesses serves as a deterrent to fraud and as a form of strengthening the marriage bond. In fact, the Prophet Muhammad SAW recommended announcing the marriage through a celebration or walimah. This research uses a qualitative approach with a library research method, which examines the opinions of classical and contemporary scholars regarding the importance of the presence of witnesses and publication in marriage. The results show that marriage that is not witnessed, not publicized, and not registered is not permissible. As for marriages that are witnessed by two witnesses but the witnesses have been “ordered” or are not independent, it is ruled makruh by several companions and tabi'in such as Umar RA, Urwah, Abdullah ibn Ubaidillah, Ibn Utbah, Sa'bi, Nafi' (servant of Ibn Umar), as well as imams such as Abu Hanifah, Shafi'i, and Ibn Munzir. Thus, it can be concluded that the presence of witnesses and publication in marriage is a sunnah muakkadah that is highly recommended to maintain the transparency and legality of marriage in the view of sharia.
Transformation of Child Status: From Adopted Child to Child in Review of Positive Law and Islamic Law Nadiya, Siti; Nasution, Zahratus Syaidah; Abdulah Pakarti, Muhammad Husni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.43

Abstract

Adoption refers to the act of taking a child who is not your biological child and making him your own child. The process of adopting a child must be carried out through legal procedures. When adopting a child, it is necessary to pay attention to existing law, namely from an Islamic legal perspective and from a state legal perspective. In this research, the law and the process of adopting a child are discussed according to Islam and state law. This research uses a library study method where the researcher relies on sources of information from literature as the main source. This research focuses on analyzing existing data or texts, not field data or information obtained directly from experience or eyewitnesses. Researchers only interact with sources available in the library or existing secondary data. The results of this study reveal the Islamic view of someone adopting a child and what laws apply in the process of adopting a child.
Revealing the Legal Implications of Post-Eiddah Reconciliation from the Perspective of Maslahah Kartini, Aisyah; Sulfinadia, Hamda; Mahmut, Rami İbrahim
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.65

Abstract

The end of the marriage bond in Islamic law can occur through two forms of divorce, namely divorce raj'i (which allows reconciliation during the iddah period) and divorce ba'in (which does not allow reconciliation without a new contract). This study aims to examine in depth the implications of maslahah on the phenomenon of reconciliation of married couples after the end of the iddah period, especially in the social and cultural context of Indonesian society. The research method used is descriptive-analytical with a juridical normative approach, which is based on a literature study of classical and contemporary sources of Islamic law, as well as applicable laws and regulations. The data is analyzed qualitatively to reveal the requirements, procedures, and rights and obligations that surround the process of rujuk or post-iddah reconciliation. The results show that even though the iddah period has ended, there is legal space that allows for a remarriage contract as a form of reconciliation, as long as the shar'i requirements are met. The views of the imams such as Hanafi, Maliki, Shafi'i and Hanbali provide diverse but complementary perspectives in assessing the validity of post-iddah reconciliation. The discussion emphasizes the importance of considering maslahah in the practice of reconciliation, in order to protect the interests of both parties and maintain social stability. Thus, reconciliation after the iddah period can not only be considered legally valid, but also beneficial in the context of the benefit of the people and does not conflict with the principles of state law.
The Conflict Between the Sebambangan Marriage Tradition of the Indigenous Lampung Community and the Implementation of Premarital Course Regulations Nizam, Nabil; Alviani, Fitri Maulina; Nizam, Sadida
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.286

Abstract

The premarital course is a government-initiated program aimed at preparing prospective couples to establish harmonious, loving, and compassionate families (sakinah, mawaddah, warahmah), and to reduce divorce rates in Indonesia. Regulated by the Decree of the Director General of Islamic Community Guidance No. DJ.II/542 of 2013, the Office of Religious Affairs (KUA) is mandated to provide a 16-hour premarital course before the marriage contract. However, implementation in areas with strong local traditions presents specific challenges. This study investigates the implementation of the premarital course within the indigenous Lampung community in Marga Tiga District, where the traditional practice of sebambangan a secretive elopement of the bride to the groom's house still occurs. This tradition prohibits the bride from leaving her home before the wedding, hindering in-person participation in the course. Employing an empirical normative legal research method with a qualitative approach, data were gathered through field observations and interviews with KUA officials, traditional leaders, and prospective couples. The findings reveal that the implementation of the premarital course remains suboptimal due to cultural constraints, limited access, and a lack of alternative dissemination methods tailored to local conditions. The study suggests the need for innovative solutions, such as online platforms or home-accessible media, to enhance the accessibility and effectiveness of premarital education among indigenous communities.
PERLINDUNGAN HAK ANAK DALAM PERCERAIAN MENURUT HUKUM KELUARGA ISLAM Muhammad Husni Abdulah Pakarti
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.1

Abstract

This study aims to examine the protection of children's rights in cases of divorce according to Islamic family law. Divorce is a problem that often occurs in family life and can have a negative impact on children. Therefore, it is important to understand how Islamic family law provides protection for children's rights in the context of divorce. Normative legal research methods with a literature study approach. The data used are relevant legal materials, including the Al-Qur'an, hadith, as well as the opinions of Islamic scholars and jurists regarding issues of divorce and protection of children's rights. The results of this study indicate that Islamic family law pays great attention to the protection of children's rights in divorce cases. Islamic law emphasizes the importance of maintaining the integrity of the family and the well-being of children as a top priority. In the context of divorce, Islamic law places a great responsibility on both parents to protect the rights of the child, including the rights to life, education, health and security. In addition, Islamic family law also provides clear guidelines regarding divorce procedures and children's rights after the divorce occurs. In terms of child care, Islamic law encourages parents to reach a good and fair agreement in the best interest of the child. If there is no agreement, the judge will decide on child care based on the principles of fairness and the best interests of the child.
ITSBAT NIKAH POLIGAMI PERSPEKTIF UNDANG-UNDANG PERKAWINAN DAN SEMA NO. 3 TAHUN 2018 Iffah Fathiah
Mawaddah: Jurnal Hukum Keluarga Islam Vol 1 No 1 (2023): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i1.2

Abstract

Sirri marriage or marriage under the hand is something that has become very common in society. One of the factors influencing it is the principle that if the conditions and pillars of marriage have been fulfilled, then it is sufficient to carry out a marriage, including in polygamous marriages. This kind of marriage violates Article 2 paragraph (2) of the 1974 Marriage Law which requires the registration of every marriage. The necessity of marriage registration is not only for administrative order, but also to ensure legal certainty and protection for wives and children. Thus, the wife and children of a sirri marriage will lose legal certainty and protection because sirri marriages are not recognized by law. As a solution to the rise of sirri marriages, itsbat nikah is held so that the sirri marriages that have occurred are recorded and recognized by the state as regulated in article 7 of the Compilation of Islamic Law. Regarding the itsbat nikah of irri polygamy, it is still possible to be accepted and granted by the Religious Court based on the Decree of the Chairman of MARI Number KMA/032/SK/IV/200611 dated April 6, 2006 concerning the Application of Book II Guidelines for the Implementation of Court Duties and Administration. The rules contained in Book II contradict SEMA No. 3/2018 which states that the application for itsbat nikah polygamy on the basis of irri marriage cannot be accepted.
Legal And Psychological Implications Of Divorce Refusal: A Case Study Of Decision No. 880/Pdt.G/2023/Pa. Tmg Based On Sema No. 1 Of 2022 Sarkanto, Sarkanto; Adewumi, Ibrahim Adeyemi; Price, Benjamin
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.3

Abstract

This study analyses divorce denial's legal and psychological implications in case No. 880/Pdt.G/2023/PA.Tmg, based on the Supreme Court Circular (SEMA) No. 1 of 2022. The denial was due to the unmet requirement of a six-month separation period, despite evidence of continuous conflict and the husband's criminal behavior. The research examines whether the court considered the psychological aspects of both parties and how SEMA No. 1 of 2022 was applied. Methods This research uses a qualitative approach with case studies that analyze legal documents and court decisions related to the application of SEMA No. 1 of 2022 in divorce rejection cases; the findings highlight the need for legal flexibility to accommodate emotional and cultural factors in divorce cases, suggesting possible policy revisions to support affected individuals better.
Guardian Navigation in Islamic Family Law: From History to Implementation in Indonesia and Muslim Countries Putra, Deri Eka; Johari, Johari; Musa, Norsuhaida Che; Bilal, Muhammad; Sari, Jusniati
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.4

Abstract

This study examines the role and function of guardians in Islamic family law by emphasizing the historical aspects and their implementation in Indonesia and other Muslim countries. Guardians are responsible for the implementation of marriage, which is a long-standing tradition in Islamic law. This study investigates how the concept of guardians has evolved in various schools of thought and how these interpretations have impacted legal practice in various Muslim countries. In addition, this study discusses how the concept of guardians is used in Indonesian national law, considering how they are used in other Muslim countries. This study shows that, although the basic principles are the same, the implementation and interpretation of laws related to guardians vary greatly due to cultural factors, national laws, and social dynamics. The method used in this study is library research. Data and sources were used from both printed and electronic literature, namely books, journals, and laws, and analyzed comparatively. The results of this study provide us with an understanding of the complexity of the role of guardians in Islamic family law and how this role affects the contemporary system. The main purpose of the guardianship rules remains consistent to maintain welfare and justice in marriage.
Resolution Of Household Conflicts Due To Different Choices Of Presidential Candidates Perspective Of Islamic Law Mardiyah, Siti; Sulfinadia, Hamda; Aji Haqqi, Abdurrahman Raden
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.5

Abstract

Islam indeed requires wives to be obedient to their husbands. However, is this obedience absolute, such that all decisions and commands of the husband must be followed by the wife, including in choosing a presidential candidate? Meanwhile, the state guarantees the right to vote and be elected for all citizens, and any form of restriction constitutes a violation of human rights. This study can provide both theoretical and practical benefits, especially in the context of conflict management and preventing domestic violence arising from differences in political views. This is a qualitative study employing a descriptive analysis approach in the context of a case study. The research predominantly uses secondary data sources obtained from published scholarly works relevant to this study. Data analysis was conducted by gathering information from various secondary literature sources such as journals, articles, and other academic works related to the topic discussed. The data was then analyzed by compiling an initial description from the collected data, followed by further analysis to answer the research questions. The findings of this study conclude that the obligation of a wife’s obedience to her husband is not absolute. Similarly, in determining a presidential candidate, the wife may vote according to her conscience. A wife will not be classified as disobedient or rebellious to her husband solely because of differing political preferences. If household conflicts arise due to differences in presidential candidate preferences, solutions include open communication, setting privacy boundaries regarding politics, not easily believing hoaxes, and reminding each other that household harmony is more important than politics.

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