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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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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.  
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.
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.
Hybrid Sharia Contracts in Islamic Banking: Legal Validity and Sharia Compliance in Indonesian Religious Court Judgments Zultaqawa, Zeis; Harianto, Joni; Ginanjar, Yaumi Sidik; Aulia, Mohamad Donie; Wahyudi, Wahyudi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.33

Abstract

The rapid growth of Islamic banking in Indonesia has encouraged financial product innovation, particularly through the application of hybrid sharia contracts that combine two or more contracts within a single transaction structure. Although such contracts are normatively recognized in fiqh muamalah and explicitly permitted under fatwas issued by the National Sharia Council of the Indonesian Ulama Council (DSN-MUI), judicial practice reveals inconsistent assessments regarding their legal validity. This study aims to examine the legal validity of hybrid sharia contracts from the perspective of Religious Court decisions and to analyze the juridical implications of sharia non-compliance in hybrid contractual arrangements. Employing a normative juridical method with a descriptive-analytical approach, this research analyzes primary legal materials in the form of Religious Court judgments, alongside secondary legal sources including legislation, scholarly works, and DSN-MUI fatwas, using qualitative legal analysis. The findings indicate that hybrid sharia contracts are legally valid in principle, provided that they fulfill the essential elements and conditions of contracts, avoid prohibited elements such as riba, gharar, and maisir, and are implemented in strict accordance with DSN-MUI fatwas. However, Religious Court decisions demonstrate that ambiguity in the classification and sequencing of contracts, imbalanced risk allocation that departs from profit-and-loss sharing principles, and deviations from DSN-MUI fatwas result in hybrid contracts being deemed defective or invalid both sharia-wise and legally binding. These deficiencies not only undermine the juridical validity of contracts but also pose risks to public trust and confidence in Islamic banking institutions. Accordingly, DSN-MUI fatwas function as a crucial source of substantive law and serve as the primary benchmark for Religious Court judges in assessing the legality and sharia compliance of hybrid sharia contracts.
The Problem of Domestic Violence in Indonesia and Efforts to Overcome It Yanti, Hesti Juli; Nasrulloh, Adang Muhamad
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.32

Abstract

Domestic violence is an act that can cause pain to the victim, domestic violence can be carried out by one family member against another family member, but often the victim feels afraid and does not report this because they are afraid of the perpetrator of the violence. . Therefore, this research aims to examine what factors encourage domestic violence, its psychological impact and how to overcome it. This research method uses qualitative research which emphasizes understanding problems in life. This research was carried out by means of a literature study. The results obtained in this research are that basically the biggest factor that causes domestic violence is from the internal and external environment or from the family itself, while dealing with domestic violence can be done as stated in Law Number 23 of 2004 concerning the Elimination of Domestic violence.
Gender Roles And The Redefinition Of Family Law: Toward A Modern Family With Justice Judijanto, Loso; Sistyawan, Dwanda Julisa; Kariyasa, I Made; Amiruddin; Abdulah Pakarti, Muhammad Husni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.37

Abstract

Gender roles in society have undergone significant changes in recent decades. Social transformation, economic progress, and the increasingly championed gender equality have influenced the dynamics of family law. This research aims to analyze gender roles and the redefinition of family law: towards a modern family with justice. This research uses a qualitative approach with the method of literature study and lawyer analysis. Literature study, collecting data from various written sources, such as books, scientific journals, news articles, and official documents. And discourse analysis, analyzing legal texts, regulations, and mass media. Data analysis uses thematic analysis to identify themes in the data. As well as using interpretative analysis to understand the meaning of the data and produce new findings. The results showed that gender roles are still very strong in Indonesian families, with an unfair division of labor between men and women. This causes women to experience a double burden and injustice in the family. Family law in Indonesia also still contains many elements of discrimination against women, such as in terms of marriage, divorce, and inheritance. Causing women not to get their full rights in the family. To realize a modern family with justice, a redefinition of gender roles and family law is needed. Redefinition of gender roles needs to be done by changing the mindset and behavior of the community about the roles of men and women in the family. Redefinition of family law needs to be done by changing laws and regulations that discriminate against women.
Inheritance Rights Of Unmarried Children In Indonesian Civil Law: A Normative And Comparative Study Mayangsari, Nur; Watofa, Yohana; Sassan, Jonhi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.44

Abstract

Amidst the increasing trend of pre-marital relationships and infidelity in Indonesia, The number of children born outside of marriage has also risen. However, ironically, these children are often marginalized by social stigma and discrimination, and experience uncertainty about their legal rights, including inheritance rights. This study examines the normative and comparative aspects of the inheritance rights of children born out of wedlock in Indonesian civil law. Rights of inheritance of children born out of wedlock are restricted to the estates of their mother and the mother's family, according to Indonesian legal tradition, as laid out in the Civil Code (KUHPerdata). But with the Constitutional Court's ruling No. 46/PUU-XIV/2017, which expanded their right to inherit from their biological father under some circumstances, a breath of fresh air arrived. Using a qualitative normative and comparative approach, this study examines the Constitutional Court's ruling, the Civil Code, and the Collection of Islamic Law (KHI).  A comparison of the inheritance rights of out-of-wedlock children in Indonesia with other countries is also conducted. The research findings show that although extramarital children were initially excluded from their father's inheritance, they are now recognized as having such rights under certain conditions. However, the implementation of this decision is still hindered by social stigma and lack of public awareness. To ensure efficient execution and handle ongoing socioeconomic difficulties, Indonesia's inheritance rights for children born out of wedlock are a complex and dynamic matter that requires ongoing work.
Consumer Protection Law In Electronic Transactions: Between Rights And Obligations In The Digital Era Widia, Windi Pangestu; Sakmaf, Marius S.; Jumiran; Husain
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.45

Abstract

The digital age has given birth to electronic transactions (e-commerce) that offer convenience, speed, and broad access. However, it also opens up potential risks for consumers, such as fraud, data theft, and other violations of consumer rights. This research analyses laws and regulations, government regulations, legal theories, and expert opinions to discuss efforts to improve the effectiveness of consumer legal protection in electronic transactions. This research reveals findings related to consumer protection in electronic transactions contained in Law Number 8 Year 1999 on Consumer Protection and other laws and regulations. Consumers have the right to obtain information that is not misrepresented and covers all aspects, choose the product or service they want, get a fair price, guarantee the quality of the product or service, compensation for losses, and protection of personal data. Efforts to improve the effectiveness of consumer legal protection in electronic transactions require continuous updating and refinement of regulations, improving consumer digital literacy, socialising applicable regulations, increasing the capacity of law enforcement officials, facilitating consumer access to report violations, implementing more specific regulations for e-commerce, building an effective complaint system, and utilising technology for supervision and educationtechnology for monitoring and education.
Marital Bonds And Joint Property Cases: Implications For The Protection Of Spousal Rights Vicario, Sanchez; Wamafma, Filep; Papare, Meiora Ariella
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.48

Abstract

The main issues raised are how a marital agreement that regulates the separation of property can protect husband and wife's ownership rights over inherited property and how justice is applied in different financial contributions to joint property in civil law. This research aims to explore marital agreements and joint property arrangements and their implications for the protection of husband and wife's rights. This research uses a qualitative method with a normative legal approach to examine the norms of marital engagement and joint property, and their implications for the rights of husband and wife. Data were obtained from regulations, books, documents, and journals, analyzed descriptively to provide a comprehensive picture. The findings show that a marital agreement that regulates the separation of property can provide significant protection to husband and wife's ownership rights over their inherited property, prevent potential conflicts, and ensure better financial management. In addition, fairness in different financial contributions is recognized as important for maintaining balance and harmony in marriage, by recognizing the value of non-financial contributions such as housework and childcare.

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