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Muhammad Husni Abdulah Pakarti
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husnipakarti@umbandung.ac.id
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+6281324943904
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mawaddah@umbandung.ac.id
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Jl. Soekarno Hatta No.752, Cipadung Kidul, Kec. Panyileukan, Kota Bandung, Jawa Barat 40614
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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 2 Documents
 1 
Search results for , issue "Vol 1 No 1 (2023): November" : 2 Documents clear
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.

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