Family Law Perspective Research Articles

Islamic Family Law Perspective on Marrying Pregnant Women

Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman who is pregnant outside of marriage, either married to the man who impregnated her or to the man who did not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). The Compilation of Islamic Law regulates the marriage of pregnant women in Article 53. The differences of opinion among scholars regarding the marriage of pregnant women due to adultery do not bring blessings to the community. The Compilation of Islamic Law states that children resulting from adultery legally do not have a kinship relationship with their father, even though the father formally acknowledges and legitimizes that the child is his own child. They do not have the intended relationship, be it family relationships, guardianship in marriage or inheritance issues. The child only has a bloodline relationship with his mother.

A ADOÇÃO POR CASAIS HOMOAFETIVOS SOB A PERSPECTIVA DO DIREITO DE FAMÍLIA

Adoption by same-sex couples, from the perspective of Family Law, represents a significant advancement in equality of rights and recognition of diverse family forms. In many countries, Family Law has evolved to include same-sex couples in the adoption process, allowing them to form families and secure rights similar to those of heterosexual couples. Historically, same-sex couples have faced legal and social barriers to adopting children. However, case law and legislation have advanced, reflecting greater acceptance and understanding of same- sex relationships. For instance, Brazil’s Supreme Federal Court has ruled favorably on adoption by samesex couples, recognizing the validity of these unions and ensuring they can legally form a family. The decision to allow adoption by same-sex couples is based on the principle that the child's best interest should prevail. The ability to provide a loving and stable environment is considered more important than the adoptive parents' sexual orientation. Studies have shown that children adopted by same-sex couples develop as healthily as those adopted by heterosexual couples. Furthermore, legal recognition of adoption by same-sex couples contributes to the protection of children’s rights, ensuring they have access to all legal and social benefits provided by law.

In-depth and Comprehensive Analysis of Divorce Cases Due to Domestic Violence from a Family Law Perspective

Domestic violence is one of the reasons that can be used to file for divorce in family law in Indonesia. However, the process of proving violence often poses a huge obstacle and becomes a very serious problem for the party applying for divorce. In this article, we will analyze in depth, thoroughly and comprehensively a divorce case based on domestic violence from the perspective of family law in Indonesia. We will examine in detail, in detail and in great detail the evidence presented, the legal basis used, and the judge's considerations in deciding this case. Apart from that, we will also look at the impact of this decision on the development of family law in Indonesia in a very deep, thorough and comprehensive manner. In its considerations, the panel of judges stated that based on the evidence presented, it was legally and convincingly proven that the Defendant had committed physical and psychological violence which was categorized as "cruelty or serious abuse that endangers the wife" in accordance with Article 116 letter (g) of the Compilation of Islamic Law and violates the provisions of Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

Judges' Considerations in Granting Marriage Dispensation Licenses in Indonesia: Islamic Family Law Perspective

Judges' Considerations in Granting Marriage Dispensation Licenses in Indonesia: Islamic Family Law Perspective

Examining Children's Interests in Divorce Conflict Resolution from an Islamic Family Law Perspective

Examining Children's Interests in Divorce Conflict Resolution from an Islamic Family Law Perspective

The Controversy of Prohibiting Marriage in the Month of Syawal in Minangkabau Traditions

This research examines the controversy surrounding the prohibition of marriage in the month of Syawal among the Minangkabau community in Nagari Batupalano. Beliefs that encompass traditions from ancestors influence the personal mentality of the community. This study focuses on the perspectives of religious leaders (ulama), traditional leaders, and community figures. The research type is field research, descriptive in nature, and utilizes both primary and secondary data sources. Data collection involves observation, interviews, and documentation. The research findings indicate that the reasons stated by the Nagari Batupalano community for maintaining this tradition are twofold. Firstly, the tradition of prohibiting marriage in the month of Syawal is considered an ancestral heritage that has been agreed upon and recognized by the Nagari Batupalano community since ancient times until the present. Secondly, the reasons expressed aim to avoid misfortune caused by marrying in Syawal, as it is considered a month associated with bad luck (anyuki kasai). Engaging in marriage ceremonies, celebrations, and similar activities during this period is believed to lead to divorce. From an Islamic family law perspective, no specific prohibition related to this tradition is found in the Qur'an and Hadith. For those who still believe in the prohibition of marriage in the month of Syawal, this tradition falls under Al-'urf khâsh (specific tradition) and Urf fasid, and it is advisable not to believe in it as it may have the potential to lead to acts of shirk

Existence of Registered/Unregistered Marriage Clauses in Family Cards from a Family Law Perspective

<em>Family plays a central role in maintaining the stability and continuity of a nation, and marriage is the primary foundation for forming a legally recognized family. The Family Card records marital status and holds a crucial role in family administration and the legal rights of family members. However, practices in the field often do not align with the rules of recording marriages in the Family Card. This research aims to examine the influence of marriage clauses in the Family Card on the legal status of marriage from the perspective of family law, as well as its impacts in the social context. Using a normative legal research method, with a legislative approach and data from relevant legal documents, this study contributes to understanding and addressing family law issues in Indonesia while adapting to the diverse social and religious realities of the community. The research findings show that recording marriage in the Family Card has a significant impact from the perspective of family law in Indonesia. Recorded status in the Family Card provides legal certainty, better legal protection, and easier access to rights and benefits. Conversely, "Not Recorded" status can create legal uncertainty, obstacles in obtaining rights and benefits, and a higher risk of legal consequences in divorce and inheritance rights. The social impacts of the existence of marriage clauses recorded or not recorded in the Family Card are diverse. Recorded marriages create positive social recognition, family support, and easier access to social programs, while unrecorded marriages can result in social stigma, discrimination, and uncertainty regarding the rights of children born from such marriages.</em>

BIAS GENDER DALAM PERKAWINAN ADAT: STUDI TENTANG KAWIN SASUKU DI KANAGARIAN SIMARASOK KECAMATAN BASO KABUPATEN AGAM PERSPEKTIF HUKUM KELUARGA ISLAM

The focus of this thesis study is gender bias in traditional marriages: a study of sa-tribe marriages in Kanagarian Simarsaok from an Islamic family law perspective. The problem in this thesis is for gender bias in traditional marriages, namely sa-tribe marriages in Kanagarian Simarasok and the factors that cause gender bias and the views of Islamic law regarding gender bias in the implementation of sasuku traditional marriages in Kanagarian Simarasok. This type of research is field research. Data collection was carried out through interviews with informants, namely niniak mamak, head of KAN and those who performed sasuku marriages in Kanagarian Simarasok, Baso District, Agam Regency. Data processing is done by analyzing the data using qualitative comparative techniques. Comparative means comparing one data with another. there are three forms of gender bias that occur in traditional marriages of sasuku marriages in Kanagarian Simarasok. Then, there are four factors that cause gender bias in Kanagarian Simarasok, Baso District, Agam Regency. From the results of the discussion on the findings above, the researcher concludes that in the perspective of Islamic Family Law these customary marriage rules are not contradictory in the slightest, because there are no orders or prohibitions in the texts and munakahat arguments which state that these customary rules violate the provisions of existing texts. And these gender-biased rules do not affect the concept of kafaah in the perspective of the four schools of thought.

Comparative Study of the Law of Determining the Nasab of Children Outside of Marriage; Perspective of Family Law in Malaysia and Yemen

Purpose – In marriage regulations, children are divided into two categories, namely legitimate children and illegitimate children. Therefore, this study will examine the nasab status of children out of wedlock in Malaysia and Yemen.
 Methods – The research method used is a literature study, namely the process of collecting data and information using various sources available in the library, such as books, hadith, and various other written materials.
 Findings – The results show that in children out of wedlock or illegitimate children in Malaysia, the nasab (kinship) of children born to biological fathers less than six months of the child's age cannot be connected to their biological father. But the positive law of Malaysia issued a fatwa that those who do not have nasab with their biological father can be bin to Abdullah or Asmaul Husna. Similarly, the positive law of Yemen states that if a child is born in a valid marriage from a religious point of view and the birth is within six months, then the child can be related through the father and mother. If the child is born less than six months from the beginning of the marriage or marriage contract, then the child cannot be related through the father and can only be related to the mother.
 Research implications - Marriage is a bond, both physically and mentally, between a man and a woman, which aims to form a happy and lasting family based on tawhid. Therefore, marriage must be carried out as applicable law and registered, because this will have an impact on the child's status.

Parental Obligations Towards Hadhanah Mumayyiz After Divorce Islamic Family Law Perspective

Parental Obligations Towards Hadhanah Mumayyiz After Divorce Islamic Family Law Perspective

Transwomen and transmen from Islamic family law perspective

This article attempts to explain why the issue of sex change is still an important discussion topic in Islam. The phenomenon of transwomen and transmen is judged unilaterally on the basis of religious, cultural, and socio-religious doctrines. This study aims to be able to look further at the research gap from the previous studies by looking at the reception of transwomen and transmen in the view of Islamic family law as well as to discover the factors that have caused gender reassignment among transwomen and transmen. This paper has discovered that transwomen and transmen have suffered a stigma from religion and in society, and this stigma has been influenced by various economic, political, and religious, doctrinal interests. However, at the same time, there are cases that show religious legitimacy allows someone to change their gender. This research has been conducted using the literature study approach to investigate the reception of transwomen and transmen from the perspective of Islamic family law.

Second Puberty in Marriage Islamic Family Law Perspective

Marriage is part of Islamic orders to create a harmonious, prosperous, happy family. Marriage sometimes has a lot of ups and downs, especially at the age of 40, physical changes, self-confidence begin to change, and demands are different. When husband and wife do not understand the changes that occur can be fatal to the marriage. The second puberty is oriented towards fulfilling psychological needs, affection, and attention from the partner. The aim of this research is to find out the second puberty in marriage from the perspective of Islamic law. The method used is library research with a constant analysis approach. Research findings, the second puberty can occur when entering the age range of 40 years. There is a change in behavior. Control of the second puberty: Straighten the intention that marriage is part of the perfection of worship to Allah SWT. Growing affectionate love, love in the intimacy of husband and wife is always guarded with gentle and pleasant words. Realization of religious values ​​in the family, protecting the family from everything that is prohibited by Islam. Learning to play a new role in line with physical and psychological changes that must be in tune.

Family Resilience of MSMEs Traders after Toll Road Operation at Pasar Bengkel: Islamic Family Law Perspective

This paper aims at seeking how the implementation of family resilience among MSMEs traders after the toll road operation in the view of Islamic family law. This research is empirical legal research with a legal sociology approach. Sources of data were taken from interviews with MSMEs traders and qualitative methods were used to analyze it. The results show that the operation of the Medan-Kualanamu-TebingTinggi toll road affects the economic income of merchant families, the resilience of merchant families is still relatively strong in the view of Islamic family law. This condition was marked by reaching their resilience in terms of aspects of marriage legality, household integrity, fulfillment of rights and obligations, and aspects of conflict management. The efforts made by the families of MSMEs traders after the operation of the Medan-Kualanamu-TebingTinggi toll road maintain family resilience including finding their jobs to cover their lack of income, being open about financial problems and maintaining good communication between family members. Whereas in general the concept of family resilience is still being implemented among MSMEs traders at Pasar Bengkel even though affected by the toll road operation.

Research on Notarization Function from the Perspective of Family Law

The notarization system has been in China for decades, and has gradually formed a notarization system with Chinese characteristics in the process of continuous development and improvement. Notarization plays a vital role in the field of family law, especially for complex family law cases, and it often plays an important role in the final discretion of judges. Although the notarization system is of great significance to the trial and implementation of the family law, there are still many universal problems in the family law system in the field of notarization law in China, which need to be constantly optimized and improved. This paper studies the role of notary system in the view of family law. First, it demonstrates the importance of notary in family law and the function of family law. We should find the foothold of family legal service in the perspective of notarization, analyze the problems existing in the notarization system, and put forward effective suggestions to optimize the notarization system, hoping to provide effective reference for the improvement of China's civil litigation and family legal system.

Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective

The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.

Early Marriage In Indonesia Islamic Family Law Perspective

Child marriage is a social phenomenon that is common in all places. This kind of marriage is like an iceberg phenomenon that appears a little on the surface, is rarely disclosed, but is commonly practiced in the wider community. Child marriage has become one of the most controversial issues in Islamic family law. Some scholars approve of the practice without disapproval while others do not. The substance of Islamic law is to create a better life for society today and in the future. If it is found that child marriage in contemporary society has caused many negative impacts, then this matter must be legally rejected.

Mabolo Kuburu Tradition for Newlyweds in Islamic Family Law Perspective

Tradisi mabbolo kuburu’ merupakan kearifan lokal yang di yakini keberadaanya secara turun temurun pada prosesi pasca pernikahan. Tradisi ini merupakan bentuk siturahmi kepada leluhur nenek moyang. Tadisi ini mengkaji mengenai gambaran awalmula tradisi mabbolo kuburu’ bagi pengantin baru di Bulu marante’e, proses pelaksanaan mabbolo kuburu’ bagi pengantin baru di Bulu marante’e dan pandangan hukum Islam terhadap mabbolo kuburu’ bagi pengantin baru di Bulu marante’e. Jenis penelitian ini adalah penelitian kualitatif (field research). Dengan menggunakan pendekatan teologis normatif dan pendekatan filosofis. Penelitian ini menggunakan sumber data primer yaitu observasi dan wawancara kepada toko-toko masyarakat dan sumber data sekunder yaitu buku-buku yang sesuai.Hasil penelitian ini menunjukkan bahwa, 1) sejarah mabbolo kuburu’ bagi pengantin baru di Bulu marante’e bermula dari kisah Puatta Arung Manumpe’ yang merupakan panutan bagi masyarakat hingga meninggal masih terus di kenang jasa-jasanya dan di lakukan dalam bentuk mabbolo kuburu’. 2) prosesi tradisi mabbolo kuburu’ bagi pengantin baru di Bulu marante’e dalam tahap pelaksanaanya perlu persiapan seperti a) mambawa makanan berupa nasi ketan, pisang raja telur ayam dan air b) membaca doa c) mabbolo kuburu d) makan-makan. 3) Tradisi mabbolo kuburu’ bagi pengantin baru di Bulu marante’e tentunya sejalan dengan hukum Islam karena dalam prosesnya masih mengandung nilai-nilai keislaman dan mengandung unsur kemaslahatan bersama.

Parental Rights and Obligations to Children in the Era of Industrial Revolution 4.0 (Islamic Family Law perspective)

In accordance with the current development of the current era of globalization is very fast developing, especially digital technology called the era of revolution Industry 4.0 where the existence of technology and information can be accessed anytime and by anyone, so that positive and negative impacts on the rights and obligations of parents to children in the family. This study uses a qualitative approach by collecting data through library research techniques, then analyzed in the perspective of Islamic family law. The method used is descriptive qualitative which describes data related to the rights and obligations of parents to children in the revolutionary 4.0 era in the perspective of Islamic family law. The focus of the problem in this study is how the rights and obligations of parents towards children in the 4.0 revolution industry era in the perspective of Islamic family law. The results of this study, parents have rights and obligations which are the responsibility of actualizing the rights of children in protecting, controlling, educating, maintaining respect and protecting children in the family.

Langford v Secretary of State for Defence: taking a functional approach towards survivors' benefits?

This is a commentary on Langford v Secretary of State for Defence, where the Upper Tribunal's decision was overruled by the Court of Appeal. The decision has implications for the payment of pensions and survivors' benefits in future cases, but, as will be argued here, the case is also important from a family law perspective.

Case Studies of Temporary Marriages in Lebanon

Building on fieldwork and ethnographic research with the representatives of the religious authorities and their followers, and taking an additional family law perspective, I study the differences in the justification of temporary marriage (zawaj al-mut‘a) among the well-to-do landed aristocracy (nouveau riche) Diaspora Lebanese Shi‘ites as well as the local poor Shi‘ite grassroots. I am particularly interested in the different patterns of cohabitation and gender relationships that arise between the two groups. My interviews – which are based on personal narratives and testimonies, life stories or histories – suggest that temporary marriage among the nouveau riche Shi‘ite Diaspora seems to have compromised considerably the notion of ‘the male provider’ or the dower as well as gender and generational relations, while it has impacted the local Shi‘ites living on the subsistence level to a lesser extent. An interesting case of the former is a religiously mixed marriage1 of a rich Shi‘ite female student to a Swiss man, who converted to Islam and replaced the temporary marriage contract with a permanent one. I compare temporary marriage narratives of popular culture and presumed ‘pious’ lifestyles to the official religious doctrines of their respective religious authorities (maraji‘). My aim is two-fold: (1) to analyse their narratives against canonical texts of Shi‘ite jurisprudence as well as Fadlallah’s, Sistani’s, and Khamina’i’s rulings/fatwas), and thus, (2) to study the wider social implementations and implications of the religious authorities’ guidelines on the practice of temporary marriage. My main informants and research sample are selected from the emulators (muqallidin) of the late Ayatullah Fadlallah (1935–2010), while a few others are from the emulators of Ayatullah Sistani (1930-) and Ayatullah Khamina’i (1939-).