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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 3 Documents
 1 
Search results for , issue "Vol 2 No 1 (2024): Mei" : 3 Documents clear
Nushūz In Islamic Family Law: A Critical Study of Hadith Exegesis and Religious Court Verdicts Kusmardani, Alex; Ahmad Fathonih; Usep Saepullah; Nurrohman
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i2.6

Abstract

The ongoing family conflicts cannot be separated from the neglect of the position of the husband and wife in Islamic family law, known as nusūz. The purpose of this study is to understand Mufassireen's interpretation of nusyūz. This study is a qualitative research, a literature survey with an interdisciplinary approach - philosophical, Historical, psychological, sociological, and Islamic law approach - and a descriptive analysis from various sources such as tafsir, hadith, Islamic Yurisprudance, legal maxim and legislation. The meaning of nusyūz in al-Nisa 4:34 according to Mufassireen is similar. The difference between classical mufassirs and contemporary mufassirs is that classics allow and contemporary ones reject wife beating. There is also an interpretation of verse al-Nisa 128, where commentators argue that the husband's nusūz means relinquishing rights and obligations due to polygamy and unequal living, and the form of resolving the husband's nusūz is through advice and mediation. The judge's decision in resolving husband and wife nusu'us problems was the judge's reference to al-Baqarah paragraph 241, School Al-Dzahiriyah Article 39 paragraph 2 of Law Number 1 of 1974 concerning Marriage, Articles 149 and 241 Compilation of Islamic Law of 1991 as the implementation of takhsis al- qada is based on benefit which refers to the Islamic legal maxim Hukm al-Hakim Yarfa al-Khillaf, Tassaruf al-Imam Ra'iyah Ala Manut bi al-Maslahah.  
The Inheritance Rights Of Children From Marriage Are Not Recorded According To The Marriage Law And The Compilation Of Islamic Law Wahidin, Jenal; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Fathiah, Iffah; Mabruri, Kemal Al Kautsar
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v1i2.15

Abstract

This research focuses on the inheritance rights of children from unregistered marriages in the Compilation of Islamic Law. Although marriages are supposed to be registered, situations where they are not recorded can have an impact on the inheritance rights of children. This research uses a qualitative research method with a normative juridical approach that is carried out based on legislation, which in this case includes the Civil Code, Law No. 1 of 1974. Data is obtained from sources of Law, Civil Code and journals. Data analysis is carried out to filter the data obtained and collected according to its type and finally draw conclusions from the findings obtained. The results show that children from irri marriages previously only received inheritance from the mother and the mother's family. However, the decision of the Constitutional Court allows extra-marital children to inherit from their biological father if legally proven. The Compilation of Islamic Law states that children from irri marriages only have a nasab relationship with the mother and her family, not with the father. Parents can apply for itsbat nikah to confirm the legal relationship, providing inheritance protection. However, if itsbat nikah is rejected, the child is not entitled to receive inheritance from the father. In conclusion, children from irri marriages have inheritance rights depending on the legal recognition of the relationship with their parents.
Optimization Of The Performance Of The Marriage Advisory, Guidance, Preservation Agency (BP4) In Relation To The Divorce Rate In The Bandung High Religious Court (PTA) Area Koidin; Aen, I Nurol; Rasyid, Fauzan Ali; Anwar, Syahrul; Ridwan, Ahmad Hasan
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 1 (2024): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i1.29

Abstract

This research starts from the fact that shows the high divorce rate in Indonesia, this is evidence of the absence of household harmony that is not sufficient before entering into marriage, so the State is responsible as ordered by law, for the welfare of its people, making their households happy and eternal, that is where the State must be present and act to realize the households of its people happy and prosperous, one of which is by establishing premarital education early on as a concrete step to reduce the high divorce rate in Indonesia. The purpose of this study is to determine and analyze the optimal function of BP4 in tackling the divorce rate, the divorce rate in the PTA Bandung area 2017 to 2022, the function of BP4 in relation to the competence of judges, and BP4's efforts to reduce the divorce rate in the PTA Bandung area. The results of this study indicate that, First, Optimizing the Function of the Marriage Counseling, Guidance, Preservation Agency in relation to the high divorce rate in the Bandung PTA area, including: enhancing and improving the quality of marriage and happy families, preventing underage marriage, preventing unhealthy polygamy, and providing information advice in guidance to those concerned about Nikah, Talak and Rujuk (NTR) issues, especially for broken home households.

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