cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Husni Abdulah Pakarti
Contact Email
husnipakarti@umbandung.ac.id
Phone
+6281324943904
Journal Mail Official
mawaddah@umbandung.ac.id
Editorial Address
Jl. Soekarno Hatta No.752, Cipadung Kidul, Kec. Panyileukan, Kota Bandung, Jawa Barat 40614
Location
Kota bandung,
Jawa barat
INDONESIA
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 16 Documents
 1   2 
Search results for , issue "Vol 3 No 1 (2025): Mei" : 16 Documents clear
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.
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.
Building a Just Law: The Role of Legal Professional Ethics in Indonesia Muttaiqen, Muhammad Syahrul; Yubaidi, Ahmad; Abdulah Pakarti, Muhammad Husni; Husain, Husain; Hassan Bello, Abdulmajeed Bolade
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.v3i1.24

Abstract

The professionalism of a legal profession is not only due to being capable, intellectual, and successful in their field as law enforcement officers, but the behavioral aspect is also part of the assessment that must be owned in implementing the Code of Ethics or Legal Professional Ethics to uphold law and justice. However, if we look at the reality, there are still many legal practitioners who have not complied with the Legal Professional Code of Ethics. The research method in this journal uses juridical-normative, which uses literature-based secondary data sources. The results of this study are that the Legal Professional Code of Ethics must be obeyed (compelling) even though it is not officially made into regulations. Because Legal Professional Ethics has an important role in law enforcement which is also a manifestation of efforts to realize better law.
Building a Just Law: The Role of Legal Professional Ethics in Indonesia Muttaqien, Muhammad Syahrul; Yubaidi, Ahmad; Abdulah Pakarti, Muhammad Husni; Husain; Hassan Bello, Abdulmajeed Bolade
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.24

Abstract

The professionalism of a legal professional is not only due to being competent, intellectual and successful in his field as a law enforcement officer, but the behavioral aspect is also part of the assessment that must be had in implementing the Code of Ethics or Legal Professional Ethics to uphold law and justice. However, if we look at the existing reality, there are still many legal practitioners who do not comply with the Code of Ethics for the Legal Profession. The research method in this journal uses normative juridical, which uses library-based secondary data sources. The results of this research are that the Code of Ethics for the Legal Profession must be obeyed (forced) even if it is not officially used as a regulation. Because Legal Professional Ethics has an important role in law enforcement which is also a manifestation of efforts to realize better law.

Page 1 of 2 | Total Record : 16

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 4 No 1 (2026): Mei Vol 3 No 2 (2025): November Vol 3 No 1 (2025): Mei Vol 2 No 2 (2024): November Vol 2 No 1 (2024): Mei Vol 1 No 1 (2023): November