El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law

The Application of Hadhanah Rights for Muallaf Parents and Its Consequences on Child Welfare in Malaysia (An Analysis of Federal Court Decision No. 02-19-2007 (W))

Agustin Hanapi, Nur Afifah binti Zakri, Azka Amalia Jihad — Thu, 12 Dec 2024 00:00:00 +0000

There is a discrepancy between Malaysia's positive law which stipulates that the right to hadhanah (custody) of a child must be given to Muslim parents, and the court ruling that gives non-Muslim mothers the authority to take care of the child. Therefore, there needs to be a deep understanding of how the decision contributes to the best interests of the child and the protection of the child. This article aims to analyze the implementation of hadhanah rights for parents of converts in Islamic family law in Malaysia. This study uses qualitative methods and normative legal approaches, focusing on the Federal Court decision No. 02-19-2007 (W) on the right of hadhanah for parents of converts in Malaysia. Data sources include laws, judges' decisions, and legal literature. Data were collected through literature studies and analyzed inductively. The results of the study show that the Federal Court's decision emphasizes the importance of mutual consent in decision-making related to custody, where the welfare of the child is the top priority. The decision underlines that child protection should include various aspects, such as collaborative custody, emotional well-being, appropriate religious education, and protection from negative influences. Thus, this research contributes to the development of Islamic family law and emphasizes the importance of child protection in the legal system.

The Effect of Rejection of Itsbat Nikah on Inheritance (Study of Judges' Legal Considerations Number: 124/Pdt.G/2023/MS.Bna)

Siti Najla, Ali Abubakar, Yenny Sri Wahyuni — Thu, 12 Dec 2024 00:00:00 +0000

This research aims to explain judges' legal considerations from the perspective of procedural and substantive justice. This is because the decision 124/Pdt.G/2023/MS.Bna, which was a case where the application for a marriage registration was rejected and caused problems with the purpose of the marriage ceremony, thus affecting the position of the parties before and after the decision. In this research the author used qualitative research methods and a normative juridical approach, namely by examining the judge's decisions (content analysis). The judge's legal considerations are analyzed using the theory of justice (procedural and substantive) and compared with several other decisions. The results of the research show that the decision of the Banda Aceh Syar'iyah Court which was based on the provisions of the Compilation of Islamic Law resulted in everyone having the right to become heirs except the applicant, whereas if it was based on the provisions of fiqh the applicant had the right to become an heir because the applicant's marriage was valid in harmony and according to the requirements of Islamic law. . In considering decision 124/Pdt.G/2023/MS.Bna the judge sided with the nature of procedural justice only and ignored substantive justice, resulting in formal justice which was only guided by the law. If the judge uses extra-legal considerations and substantive justice, the itsbat application is very worthy of being accepted.

Strategies for Protection and Recovery of Domestic Violence Victims: Analysis of Rumah Putro's Role for Women and Children

Muslem Abdullah — Thu, 12 Dec 2024 00:00:00 +0000

This study examines the protection and recovery strategies for victims of domestic violence (KDRT) at Rumah Putro Banda Aceh, which serves as a center for data, services, empowerment, and cross-sector coordination. Its primary goal is to achieve gender equality and justice by optimizing referral services and protection mechanisms for women and children victims of physical and psychological abuse. The main challenge faced is the lack of standardization of Rumah Putro as a safe house for KDRT victims. This research employs qualitative methods with a field approach to understand and investigate community issues in a naturalistic manner. The findings reveal that Rumah Putro has made various efforts to prevent domestic violence in Aceh. In carrying out its functions, Rumah Putro collaborates with hospitals for medical needs and with the psychology association at Ar-Raniry State Islamic University Banda Aceh for the psychological, mental, and trauma recovery of victims. The forms of protection provided by Rumah Putro include: 1) Provision of temporary shelters or safe houses; 2) Legal assistance; and 3) Psychological recovery. This study provides a comprehensive overview of the effectiveness of the protection and recovery efforts conducted by Rumah Putro and identifies obstacles and potential improvements that can be implemented to enhance services for women and children victims of domestic violence.