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All Journal Jurnal Impresi Indonesia Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Musaddad, Endad
Unknown Affiliation
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Guaranteeing the Rights of Children and Women Post-Divorce: A Comparative Study Between Indonesia and Malaysia Musaddad, Endad; Ishom, Muhammad; Mat Hussin, Mohd Norhusairi; Jambunanda, Ahmad Jamaludin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

The enforcement of court decisions regarding custody (hadanah) and alimony (nafkah) for children and ex-wives post-divorce is frequently inadequate, with many husbands failing to comply. Although decisions based on legal provisions (rechtsspraack naar wetboeken) should be effective according to the principle of the Effectiveness of Law, numerous children and women in Indonesia suffer from the ineffective execution of judges' rulings in alimony and custody cases. Ensuring the rights of children and women after divorce can be improved through proper implementation of laws in a preventive, curative, and supportive manner. In Indonesia, the E-Mosi Caper application has been developed in Bengkulu Province, in collaboration with the PTA Bengkulu and local government, to enhance the effectiveness of laws concerning custody and alimony. This application could serve as a model for other regions. In contrast, Malaysia has established a Family Support Division (BSK) tasked with overseeing maintenance payments to support children and ex-wives after divorce. This study employs a comparative legal method to examine the frameworks for ensuring the rights of children and women post-divorce in both countries. The findings aim to highlight the effectiveness of the existing systems and after recommendations for improving law enforcement and protecting post-divorce rights.
Implementation of Hadith in Contemporary Islamic Law: A Case Study of The Determination of Fatwa Law in The Exchange of New Money Ahead of Eid in Indonesia Karina, Ayu; Musaddad, Endad
Jurnal Impresi Indonesia Vol. 4 No. 5 (2025): Indonesian Impression Journal (JII)
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v4i5.6517

Abstract

This research aims to examine the implementation of hadith in contemporary Islamic law through a case study of fatwa regarding the exchange of new money ahead of Eid in Indonesia. The method used in this study is a qualitative approach based on case studies using a functional structural approach to understand the social function of the practice. The results of the study show that the practice of money exchange is allowed if there is a separation of contracts between transactions and service fees.
Co-Authors Ishom, Muhammad Jambunanda, Ahmad Jamaludin Karina, Ayu Mat Hussin, Mohd Norhusairi