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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 6 Documents
 1 
Search results for , issue "Vol 2 No 1 (2024): Mei" : 6 Documents clear
The Role Of Parents In Educating Children According To Law Number 35 Of 2014 Concerning Child Protection And Islamic Law Muhamad Nur Muhajir; Ainun Luthfi, Muhammad; Siti Kholisoh; Esty Faatinisa
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.v1i2.12

Abstract

Law no. 35 of 2014 focuses on children's rights and protection, including the right to receive good education and care. In this context, parents play an important role in educating and ensuring that children's rights are fulfilled. On the other hand, Islamic law also emphasizes the importance of the role of parents in children's education. There are many verses and hadiths that talk about the importance of educating children in a correct and fair way. The aim of this research is to explain and examine the role of parents in educating children according to Law no. 35 of 2014 concerning Child Protection and Islamic Law. The research method used is a literature study, where the author examines various sources, including legal texts and religious texts, and involves interviews or surveys with parents to understand how they apply these laws and principles in educating their children. . The results of the research will include findings on how these laws are implemented in practice, as well as recommendations for how these laws can be more effectively implemented.
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.  
Analysis Of The Role Of Religious Justice In The Time Of The Surakarta Sultanate Nafachatul Firdausi Nuzula; Mohammad Naufal Hakim; Dian Rafiqa Rizky
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.v1i2.8

Abstract

Islamic law has existed in the territory of Indonesia since the Muslims settled in Nusantara. Based on the opinions concluded at the Seminar on the Entry of Islam into Indonesia held in Medan in 1963. In the process of Islamization in Indonesia carried out by merchants through trade and marriage.The research in this journal comes from research into library data types that focus on the analysis of existing literature. This research does not involve collecting primary data through direct observations or experiments, but rather using written sources of information such as books, articles, and scientific publications.The Surakarta Residence has a legal system that has existed since the Mataram era and the Dutch Indian Governmentins the legal system under its supervision. Law is very closely linked to other fields, especially social and economic order. Keraton Surakarta has a government structure that inherited the reigns of Mataram II, Pajang and Demak.With such authority, the process of growth and development of the courts in various sections has their own uniqueness. Integration, or living side by side between custom and shara', is a settlement of conflict that occurs latently even manifest as studied in Aceh, Minangkabau, and in some places in South Sulawesi.
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.
The Legal Consequences Of Underage Marriage In The Merariq Culture Of The Sasak Tribe In Merembu Village, Labuapi District, West Lombok Regency Haerani, Ruslan
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.v2i1.33

Abstract

The culture of marriage varies from region to region, influenced by religion, customs, and community environment. One of them is the Merarik culture of the Sasak tribe in Lombok. This study aims to analyze the settlement of underage marriages and their legal consequences in the Merarik culture of the Sasak tribe in Merembu Village, West Lombok. The research method uses empirical legal methods and qualitative approaches with primary data from the research location and secondary data from reliable sources. Data collection techniques include observation, interviews, and document studies. The results showed that the process of settling underage marriages was carried out through negotiations and mediation involving village heads, religious leaders, and local communities. The legal consequences affect marital status, husband and wife, children, and property. Unregistered marriages are not recognized by the state, so the wife loses her rights if abandoned, divorced, or the husband dies. The child of the marriage only has a legal relationship with the mother and the mother's family, without a legal relationship with the father. Therefore, it is recommended that authorized institutions provide counseling on the importance of state-recognized marriages to prevent adverse effects in the future.

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