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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 67 Documents
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Islamic Inheritance Law In Indonesia and Malaysia: Gender Equality Through Consensual Modification Sudrajat, Oman; Wasehudin, Wasehudin; Itang, Itang; Uyun, Yuyun Rohmatul; Peristiwo, Hadi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.64

Abstract

Islamic inheritance law prescribes a two-to-one ratio between male and female heirs, yet contemporary socioeconomic transformations have prompted scholarly inquiry into possibilities for gender-equitable distribution. This study examines how Indonesia and Malaysia, as the largest Muslim-populated Southeast Asian nations, approach consensual modification of inheritance shares to achieve equality between male and female offspring. This research employs a qualitative comparative normative approach, examining primary legal materials including the Indonesian Compilation of Islamic Law, Malaysian state-level Islamic inheritance enactments, Quranic provisions, and scholarly jurisprudential literature. The analysis utilizes maqasid al-shariah (objectives of Islamic law) as the theoretical framework to evaluate both legal systems. Indonesia offers significant flexibility through Article 183 of the Compilation of Islamic Law, which permits heirs to reach consensual agreements for share equalization at the initial distribution stage, reflecting the cultural emphasis on musyawarah (deliberation). Conversely, Malaysia maintains formal faraid compliance, allowing consensual modifications only after Syariah Court completion of formal share determination through mechanisms such as taksim taradi. The divergent approaches reflect different jurisprudential orientations: Indonesia prioritizes adaptive interpretation responsive to social dynamics, while Malaysia emphasizes preservation of classical calculations. Both systems maintain the two-to-one ratio as baseline while accommodating practical flexibility through different mechanisms, demonstrating that justice in Islamic inheritance is contextual and can align legal outcomes with contemporary family welfare without abandoning foundational principles.
The Effect of Digital Technology on Criminal Law Enforcement: An Analysis of Cybercrime and Its Handling Eka Setiyawan, Novan; Karauwan, Donny Eddy Sam; Jumiran; Ghafar, Abidah Abdul
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.v2i2.169

Abstract

This research aims to identify the impact of digital technology development on criminal law enforcement, especially in the context of cybercrime. The research uses a normative juridical method with a literature analysis approach (library research), which includes a review of laws and regulations, court decisions, and case studies related to cybercrime. The results show that digital technology has facilitated significant changes in the modus operandi of cybercrime, ranging from phishing to attacks using artificial intelligence (AI) and cryptocurrency, which complicates law enforcement. The contribution of this research is to offer strategies for improving legal responses to cybercrime, including strengthening international cooperation, enhancing the technological capacity of law enforcement, and updating regulations. The novelty of this research lies in emphasising the importance of technological adaptation in law enforcement, especially in the face of the increasingly complex and global modus operandi of cybercrime.
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.
Legal Implications of Children Resulting from Free Sex "One Night Stand" in Indonesian Legal System Nazmi, Nahdia; Mubarak, Ahmad; Amalia, Laila; Amali, Najla; Maulidhiya, Nazwatika
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.v3i2.28

Abstract

The phenomenon of sexual relations without a marriage bond (one night stand) is increasing in urban communities, especially among teenagers and young adults, and has the potential to give birth to children out of wedlock who face legal problems related to the recognition of nasab, civil rights, and administrative status. This study aims to analyze the construction of legal protection for children born from these relationships in the Indonesian legal system. The method used is normative juridical research with a legislative and conceptual approach through literature studies. Legal sources analyzed include provisions in the Marriage Law, population administration law, criminal law, and important jurisprudence such as the Constitutional Court Decision No. 46/PUU-VIII/2010 which expands the civil relationship of children out of wedlock with their biological father based on scientific evidence and other valid evidence. The results of the study show that normatively the state has provided legal protection instruments for children out of wedlock, both through the recognition of civil relations and the guarantee of population administration rights. However, implementation in the field still faces obstacles in the form of social stigma, regulatory disharmony, as well as obstacles to proof and administrative procedures that are not fully child-friendly. It is concluded that legal protection of children born from non-marital relationships has undergone progressive development, but has not been optimal in practice. Therefore, this study recommends harmonizing regulations across sectors, simplifying administrative procedures for child recognition, and strengthening a non-discriminatory approach based on children's rights in law enforcement policies and practices.
Transformation of Child Status: From Adopted Child to Child in Review of Positive Law and Islamic Law Nadiya, Siti; Syaidah Nasution, Zahratus; Abdulah Pakarti, Muhammad Husni
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.v3i1.43

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 : Program Studi Hukum Keluarga Islam

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 “Cek Khodam” Phenomenon on Tiktok In Online Media Discourse: An Islamic Legal Perspective Qudratullah, Qudratullah; Fitriani, Putri Diesy; Prasiefa, Mizanurafi’ Ghifarhadi; Syamsinar, Syamsinar; Amlus, Mohammad Harith
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.v3i2.66

Abstract

This study examines the “Cek Khodam” phenomenon on TikTok by analyzing its construction in online media discourse and its implications from an Islamic legal perspective. Existing studies on digital culture tend to emphasize virality and user engagement, while limited attention has been given to how mystical digital content is framed in the media and evaluated through Islamic jurisprudence, indicating a significant research gap. This research employs a qualitative approach using library research, with data drawn from online news articles published in Indonesian media during June–July 2024. The study applies Robert N. Entman’s framing model to explore how the phenomenon is defined, interpreted, and morally evaluated in digital narratives. The findings reveal that “Cek Khodam” is framed as both entertainment and controversy, reflecting the commodification of spiritual beliefs in digital culture. From an Islamic legal perspective, the phenomenon raises concerns related to gharar, deception, and unverifiable spiritual claims. These practices can be critically examined through sadd al-dharī‘ah and contradict the objectives of maqāṣid al-sharī‘ah, particularly in preserving intellect and faith. This study contributes by integrating media framing analysis with ushul fiqh, offering a novel framework for regulating digital religious content.
Reinforcing Halal Supply Chain Legitimacy: A Juridical Analysis of MUI Fatwa on Porcine Blood Based Animal Feed Rachman, Abdul; Rosele, Muhammad Ikhlas; Harun, Muhammad Safwan; Sarif, Akbar; Imamuddin, Imamuddin
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.68

Abstract

This study aims to analyze the position of MUI Fatwa Number 08/Ijtima' Ulama/VIII/2024 in determining the halal status of livestock that consume feed containing pig's blood and its implications for strengthening the halal food supply chain in Indonesia. This issue is important because the use of pig blood meal in the feed industry creates legal uncertainty and has the potential to reduce consumer confidence in halal products. The research uses a descriptive qualitative method with a normative juridical approach, based on secondary data in the form of related fatwas and halal product assurance regulations. The results of the study show that the fatwa provides strict normative provisions regarding the halalness of animal products, especially through the affirmation that animal feed must meet halal standards. This fatwa also strengthens the aspects of accountability and transparency in the halal certification system, especially in the upstream sector of the supply chain. In addition, the implementation of fatwas contributes to increasing the effectiveness of supervision and public trust in the integrity of halal products. The implications of this study show that fatwas have a strategic role in supporting the strengthening of regulations by BPJPH, especially related to the obligation of halal certification on animal feed. For LPH, these findings provide operational guidelines in improving the accuracy of product audits and testing. Overall, the integration of fatwas into the halal supply chain system has been proven to strengthen the legitimacy, consistency, and sustainability of the halal industry in Indonesia.
Social Egg Freezing in Islamic Law: Conditional Permissibility through a Maqāṣid al-Sharī‘ah and Gender Justice Perspective Aulia, Ridha; Dzikrillah Alfani, Ilzam Hubby; Haririe, Muhammad Ruhiyat; Iswanto, Denny; Hannah, Neng
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.v3i2.81

Abstract

This study analyzes the practice of social egg freezing for unmarried women from the perspective of Islamic law and its relevance to maqāṣid al-sharī'ah and gender justice. The phenomenon of modernity has led Muslim women to delay marriage and pregnancy for education and careers, creating tension between professional demands and biological reproductive limitations. This qualitative research employs a library-based method with a normative-theological approach, integrating tafsir, maqāṣid al-sharī'ah, qiyās, and sadd al-dharī'ah. Data were obtained from primary sources including Qur'anic verses, classical and contemporary tafsir works, and authoritative fatwas, supported by modern scientific literature. The findings indicate that social egg freezing can be understood as a form of human agency (ikhtiyar) to preserve reproductive potential while responding to the social realities of modern women. Legally, this practice falls within the framework of the "Conditional Permissibility Doctrine" (al-ibāḥah al-muqayyadah), namely conditional permissibility prioritizing lineage protection (ḥifẓ al-nasl). This permissibility requires use only within a valid marriage, prohibition of donation and surrogacy, medical safety guarantees, and control of lineage mixing risks. From a maqāṣid perspective, this practice relates to the protection of lineage, intellect (ḥifẓ al-'aql), property (ḥifẓ al-māl), and human dignity. Thus, social egg freezing can be positioned as a preventive and adaptive instrument of maṣlaḥah. This study affirms that Islamic law possesses methodological flexibility to respond to biotechnological developments justly and contextually, while strengthening women's position as autonomous legal subjects without disregarding Sharia principles.
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; Adewumi, Ibrahim Adeyemi; Price, Benjamin
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.v3i1.88

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.

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