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Syarifatul Fadhilah; Listyowati Dewi; Arum Nurul Layalia Mufaidah; Gita Jemima Ardhana; Rani Pajrin

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a spiritual and physical bond between one man and one woman as husband and wife with the aim of forming a happy family based on the belief in the Almighty God. In a marriage, forming a happy family certainly requires cooperation between each party, both husband and wife. If both parties have different goals, it will trigger problems in the household. Problems in the household can influence divorce between both parties, namely husband and wife.  Divorce is a condition in the household where there is no common ground for harmony and harmony in the relationship between husband and wife so that it can be decided by the District Court for those of non-Islamic religions or the Religious Court for those of Islamic religion. Considering that Indonesia is a country of law where every action has rules, if seen from the principle of Nebis In Idem, this problem is no longer acceptable. However, in this divorce case the lawsuit was accepted by the judge and the judge decided again with a different decision. Based on this, the formulation of the problem is how to apply the Ne Bis In Idem Principle by the judge in divorce cases

Nurmayani Nurmayani; Siti Zahara; Cinta Febby Dewita; Indri Wahyuni; Putri Khairi Izwani +1 more

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

Divorce is a complex social phenomenon with significant impacts on families, especially children. In Islamic law, divorce is permitted as a last resort when household life cannot be maintained, although it is considered the most hated lawful act by Allah. This study analyzes divorce from the perspective of Islamic family law, focusing on the causal factors, legal impacts, and preventive measures. The main factors of divorce include disharmony in relationships, economic problems, the presence of a third party, and domestic violence. The legal impacts include child custody, division of property, and maintenance obligations, which are often not fulfilled by the ex-husband, causing inequality in legal protection for women and children. Recommended preventive measures include premarital education, family counseling based on Islamic values, and strengthening mediation institutions such as BP4. This study uses qualitative methods with literature analysis to provide a comprehensive understanding of divorce in Islamic law and its implications in Indonesia.

Fadillah Utami; Siti Patimah; Adenan Adenan; Darwis Mustakim

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Online gambling has increasingly become a major social issue, particularly in the context of family and marital stability. This study aims to explore and analyze the impact of online gambling addiction on marital relationships, with a focus on the causes leading to divorce. Employing a qualitative research approach, data were gathered through in-depth interviews with individuals and couples who had experienced divorce as a direct consequence of one partner’s online gambling behavior. The results of this study reveal that online gambling addiction significantly contributes to financial instability, emotional distance, repeated conflicts, and the eventual breakdown of communication and trust within the relationship. Many participants reported experiencing feelings of betrayal, frustration, and emotional exhaustion due to the compulsive gambling behavior of their partners. In several cases, gambling debts resulted in the sale of family assets and prolonged financial insecurity, which further strained the relationship. Moreover, the secrecy surrounding gambling activities often led to the erosion of mutual respect and transparency between spouses. This research underscores the urgent need for public education and policy intervention to mitigate the negative effects of online gambling on families. Support systems such as counseling, rehabilitation programs, and financial planning services are crucial to help affected individuals recover and rebuild their lives. By shedding light on the destructive nature of online gambling on family dynamics, this study aims to contribute to the broader discourse on mental health, addiction, and the preservation of marital stability in the digital age.