Qadriah, Fauza
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Journal : Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat

Perlindungan Hukum Terhadap Kekerasan dalam Perkawinan: Tinjauan Hukum Islam dan RKUHP Qadriah, Fauza; Panjaitan, Budi Sastra
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9624

Abstract

This article aims to understand that marital violence as a form of sexual violence against women that occurs in a marital relationship. One of the causes of violence in marriage is the patriarchal culture that is still inherent in people's lives. This patriarchal culture allegedly causes gender injustice which results in the emergence of discrimination against women. This research is normative legal research because it uses a legislative approach with a focus on legal principles and legal principles as well as conceptual methods. The point of view of this writing is expressed by compiling verses of the Qur'an and hadith using maqasid as-shari'ah. The findings of this study show that efforts to handle a wife who is a victim of marital violence must be in line with the purpose of Islamic law, namely the protection of the five main principles in Islam, namely preserving religion, soul, intellect, descendants and property. Marimal violence is prohibited in marriage, as it has a long-term negative impact on the wife. In addition, violence in marriage that is prohibited by law can result in mafāsid muharramāt al-tahṣîl (the bad effects of something that is haram) or mafāsid makrūhāt al-tahṣîl (the bad effects of something makruh). Keywords: Violence in marriage, Domestic Violence, Patriarchy, Maqasid As-shari'ah, Islamic Law
Putusan Hakim Pada Penyelesaian Nafkah Anak (Telaah Undang undang Perlindungan Anak) Qadriah, Fauza; Sukiati, Sukiati; Nurasiah, Nurasiah
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 2 (2024): Edisi Januari 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i2.8685

Abstract

The purpose of this research is to find out how child support is fulfilled based on the decisions of the Banda Aceh Syar'iyah Court, the factors that are taken into consideration by judges regarding child support after divorce. This research is normative legal research. By using two approaches, namely the statutory approach and the case approach, this research examines the decisions of 5 (five) judges from the Sharia Court. The research results show that in general the judges make child support decisions in the form of monthly support only, without including the child's health and education costs. Factors that influence the judge's consideration in deciding the type of child support are judicial considerations. Unfortunately, most of the judges' considerations are only based on the provisions for providing postdivorce child support from the marriage law. By ignoring child protection laws and the compilation of Islamic law, which in fact also provides provisions for fulfilling child support after divorce which provides more protection for children in terms of meeting needs from various aspects. This study recommends that the judicial authority make decisions regarding the fulfillment of child support after divorce more progressively by considering aspects that provide protection for children. Apart from that, the juridical basis of protection laws and KHI can also be adopted for the benefit of children. Keywords: Child Support, Judge's Decision, Child Protection