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Ending Solehudin
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Phenomena of Domestic Violence Against Women and Divorce in 2020-2022 in Indonesia: An Islamic Perspective Hasanudin, Hasanudin; Mukhlas, Oyo Sunaryo; Noradin, Muhammad Farhan Bin Mat; Solehudin, Ending; Jubaedah, Dedah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i2.7686

Abstract

The phenomenon of domestic violence for women which leads to divorce has increased dramatically since 2020-2022. In fact, acts of domestic violence have never been justified in religious teachings. Therefore, this study aims to explore the phenomenon of domestic violence against women and divorce in 2020-2022 in Indonesia as well as Islamic views on both. This research uses a qualitative approach to the phenomenological method with data sources taken from reports on social media such as Youtube, Instagram, and Facebook about the phenomenon of domestic violence and divorce in 2020-2022. The research process is divided into three stages, namely the orientation stage, the reduction stage, and the selection stage. The results of this study reveal that: First, the phenomenon of domestic violence against women and leading to divorce has increased; in 2020 there were 226,062 cases increasing to 349,635 cases in 2022. From the search results, cases of domestic violence were caused by several factors such as: 1) unstable family economy due to the pandemic situation spanning 2020-2022; 2) jealousy among spouses because of social media, 3) spouse's family interferes too much in household affairs, and; 3) early marriage; Second, Islamic syari'at through the Qur'an and Sunnah condemns acts of domestic violence in the household for any reason according to the demands of QS: 4: 21, QS: 4: 34, and HR. Bukhari No. 4942. The findings of this study indicate that married couples need to be given education on how to navigate the household ship before they get married so that it is not easy to do domestic violence between partners.
KEADILAN NORMATIF DANIMPLEMENTATIF TENTANG PENEGAKAN HUKUM EKONOMI SYARIAH UNTUK MEWUJUDKAN KEPASTIAN DAN KEADILAN HUKUM DI INDONESIA Solehudin, Ending; Huda, Miftakhul; Ahyani, Hisam; Ahmad, Md Yazid; Abd Khafidz, Hasanah; Taufik Rahman, Encep; Hidayat, Moh. Syarif
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1467

Abstract

In Indonesia, sharia economic law is implemented through Religious Courts which have an important role in resolving disputes involving sharia financial entities such as banks, microfinance institutions, and insurance. Law Number 3 of 2006 replaces Law Number 7 of 1989 which significantly expands the authority of the Religious Courts in supervising and enforcing sharia economic principles. Sharia economics, which is based on Islamic values ​​such as justice, honesty, and legal certainty, forms an economic and financial system that is different from conventional systems. Religious Court Judges strive to balance ethical and practical considerations in carrying out their judicial duties. This research examines how ethical perspectives and practical considerations contribute to achieving legal certainty and justice in resolving sharia economic disputes, especially in the Surabaya Religious Court. This research uses a normative juridical approach using legal utility theory to analyze the challenges faced and propose strategies to increase the effectiveness of implementing simple, efficient, and cost-effective principles in Sharia economic protection at the Surabaya High Religious Court. The research results consider the principles of maqasid al-syariah to simplify the process, lighten the burden on the parties involved, and uphold justice in every decision-making. This study emphasizes the need for better integration between Islamic Sharia principles and Sharia banking practices in Indonesia, as well as encouraging reforms to ensure that legal outcomes provide fair justice and maximum social benefits, in line with the ethical and utilitarian aims of the law.
Co-Authors Abd Khafidz, Hasanah Ahmad, Md Yazid Ahyani, Hisam Athoillah, Mohammad Anton Azmi, Nofan Nurkhafid Cahyanti, Irni Sri Eko Budiono Fariz, Luthfi Ahmad Hasan Bisri Hasanudin Hasanudin Hidayat, Moh. Syarif Ibnu Rusydi Idzam Fautanu Iwan Setiawan Jubaedah, Dedah Lutfi Fahrul Rizal, Lutfi Fahrul Maman Suryaman Miftakhul Huda Mukhlas, Oyo Sunaryo Mulyana, Indra Mustofa Mustofa Niska Shofia, Niska Noradin, Muhammad Farhan Bin Mat Ridwan, Ahmad Hasan Rozikin, Opik Saepullah, Usep Shauma Raffi’u, Aliyya Sucipto, Imam Taufik Rahman, Encep Yadi Janwari