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 43 Documents
 1   2   3   4   5 
Judges' Reasoning in Vasectomy-Induced Divorce Cases Ranun, Adim; Eva, Yusnita
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.v2i2.64

Abstract

Vasectomy or vas ligation is a male contraceptive method that involves cutting and ligating the right and left vas deferens to prevent the release of sperm during ejaculation. Vasectomy family planning also aims to change people's thinking about the value and number of children. This research method is library research, where books, journals, laws, and other scientific works relevant to the writing are used as references. The approach used in this research is a historical approach, which is carried out by examining the background and historical development of the legal issues at hand. The focus of this research is the judge's consideration of divorce cases triggered by vasectomy, as happened in the decision of the Simalungun Religious Court Number 266/Pdt.G/2013/PA.Sim. In the verdict, a dispute between husband and wife triggered by a vasectomy is recognized as a valid basis for granting permission for divorce. This reflects the importance of proper education and socialization regarding vasectomy that is not communicated can have an impact on the marriage, making the wife feel that she does not get satisfaction, enjoyment during sexual activity and the impact, among others, not having offspring. If a divorce occurs after a vasectomy, and then remarries, the subsequent marriage will have an impact on the couple who want offspring.
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.
Transformation Of Family Law In Algeria Analysis Of The Pre- And Post Independence Period Gustamar, Andri; Efrinaldi; Hidayat, Rahmat; Amal, Benazza
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.v3i1.68

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.
Guardian Navigation in Islamic Family Law: From History to Implementation in Indonesia and Muslim Countries Putra, Deri Eka; Johari; Che Musa, Norsuhaida; Bilal, Muhammad; Sari, Jusniati
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.v3i1.81

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.
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.

Page 3 of 5 | Total Record : 43

 1   2   3   4   5 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue 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