Goal Of Marriage Research Articles

Poligami Vis a Vis Monogami (Analisis Dalil Normatif dan Sosio-Historis Legalitas Poligami dalam Literatur Keislaman)

Abstract The issue of polygamy has always been a social problem that causes polarization between the groups that support and reject it. This discussion should no longer revolve around whether polygamy is allowed. Furthermore, the discussion on polygamy should lead to the issue of how polygamy can be placed proportionally as something logical and just. This article seeks to situate the issue of polygamy by reviewing various perspectives. The focus of this study is as follows. 1) What is the background to the legality of polygamy in Islam? 2) Does Islam advocate polygamy or monogamy, the model of marriage expected by Islam? This study used a library research method. The approaches used were the normative approach (fiqh), the social conditions of society when the polygamy verse was revealed (socio-historical), and the cultural approach of pre-Islamic society. The results show that 1) polygamy was legalized at that time because it aimed to avoid the Arab habit of marrying female orphans and engaging in injustice. Instead, Islam legalized the polygamy that had become a tradition of the Arabs before as an emergency measure. 2) Islam came to reduce the practice of polygamy, which was done far from justice. Instead, monogamy became the principle of marriage expected by Islam to achieve the goal of marriage: sakinah, mawaddah, and rahmah. Keywords: Polygamy, Monogamy, Islam

UPAYA PEMBINAAN PRANIKAH GUNA MEWUJUDKAN TUJUAN PERKAWINAN OLEH KANTOR URUSAN AGAMA KOTA UTARA KOTA GORONTALO

Divorce is still the path chosen by most people to end the marital ties that have existed. The high divorce rate needs to be a common concern to reduce and prevent this. Premarital formation is an effort to prevent divorce and realize the goals of marriage in Law Number 1 of 1974 concerning Marriage. This research aims to determine pre-marital coaching efforts to achieve marriage goals by the North City KUA, Gorontalo City. This research is classified as empirical legal research with a comparative approach. Data sources consist of primary data and secondary data obtained through interviews and literature studies which are then analyzed descriptively qualitatively. The research results show that efforts to provide premarital guidance to achieve marriage goals by the North City KUA of Gorontalo City have not been optimal because even though the North City KUA has provided active premarital guidance, the divorce rate is still there, although the number has decreased.

The Role and Effectiveness of Judges in Reducing Divorce Rate (Case Study in the Religious Court of Tegal District)

A harmonious and happy marriage is the main goal of marriage. However, in reality, divorce is increasingly common in Indonesia. The Central Statistics Agency (BPS) shows an increase in the divorce rate in recent years. This is a concern for many parties. Lack of communication and understanding between partners is one of the main factors. This research aims to understand the role of judges in helping couples resolve conflicts and reach agreements in the divorce process. Apart from that, this research also examines strategies to increase community access to mediation and counseling services in the divorce process. The research method used is empirical legal research with a socio-legal approach. This research analyzes the law and its practices in society. It is hoped that the research results will provide a deeper understanding of the role of judges in helping to resolve conflicts and reach agreements in the divorce process. It is also hoped that the research findings can provide input for increasing public access to mediation and counseling services in the divorce process.

Analisis pengaruh kafa’ah maliyah dalam mewujudkan keharmonisan keluarga (studi kasus pada Kecamatan Buahbatu Bandung)

Every married couple aspires to have a harmonious family. However, many face challenges in achieving this, with conflicts such as arguments, differences in opinions, debates, and sometimes leading to divorce. One approach to address these issues is by seeking a compatible partner. Compatibility is considered effective as it aligns with the goals of marriage. Kafa’ah, including economic compatibility (kafa’ah maliyah), is deemed crucial for economic stability and family harmony. This research, conducted in the Buahbatu District, Bandung, aims to analyze the community's perceptions of kafa’ah maliyah and its impact on achieving family harmony. The qualitative case study method revealed diverse perceptions among the Buahbatu community, considering kafa’ah maliyah as vital for realizing family harmony. The influence of kafa’ah maliyah includes reducing financial conflict risks, enhancing cooperation in financial management, improving family stability and well-being, strengthening mutual respect and responsibility, and fortifying emotional bonds between spouses

شروط ضمن عقد ازدواج در فقه حنفی و قانون مدنی افغانستان

In order to achieve justice, according to a healthy family and to protect the rights of husband and wife, Islamic law has established a set of general rules and regulations. Among the rights that Islamic Sharia provides for men and women is the right to condition in the marriage contract in such a way that it is not contrary to it. The purpose of this research is to study the conditions of marriage in Hanafi jurisprudence and civil law of Afghanistan; For this reason, the basic question in this regard is what are the conditions of marriage in Hanafi jurisprudence and civil law? To answer this question, analytical-descriptive method of library resources has been used. The findings of this research show that the conditions of the marriage contract in Hanafi jurisprudence include correct conditions, corrupt conditions and invalid conditions, and the correct conditions are conditions that are either in accordance with the requirements of the contract, or those that have been approved by the Shariah, or that are current in custom. If the conditions included in the marriage contract are among the correct conditions, the fulfillment of them is certain and the contract is also considered valid. According to Hanafi jurisprudence, if the conditions included in the marriage contract are corrupt conditions or invalid conditions, the contract is valid and the condition is void. The conditions of the marriage contract are not stated in detail in the civil law, but the rulings related to the marriage contract are mentioned sporadically. If the conditions included in the contract are against the law and the goals of marriage, the contract is considered valid and the condition invalid.

Analisis Gugatan Cerai Istri kepada Suami menurut Undang–Undang No. 16 Tahun 2019

Marriage is an important part of human life because it involves relationships between people. Law No. 16 of 2019 adheres to the principle that prospective spouses must be mature in both body and soul in order to carry out marriage to achieve the goal of marriage well without ending in divorce and to have good and healthy offspring. Therefore, there is a minimum age limit for marriage so that both partners are physically and mentally ready to move forward in marriage. Although the age limit is clearly regulated, in reality, many marriages occur below the minimum age. This leads to many divorce cases due to not being physically and mentally ready for married life.

Urgensi Bimbingan Perkawinan Bagi Calon Pengantin Dalam Mewujudkan Keluarga Harmonis

One of the goals of marriage is to create a harmonious family. The process of realizing a harmonious family requires the attitude of the married couple in living a household life. So the need for marriage guidance for prospective brides. In this study, researchers describe that with the urgency of marriage guidance for prospective brides followed by prospective brides, it is hoped that it will make a harmonious family so that it can form a family that can realize the defense of its family and can face and solve problems in the mahligai household. The method in this research uses a qualitative approach to the literature study method. The result of this study is that from the marriage guidance of prospective brides conducted by the two prospective spouses has urgency in realizing the household mahligai that every individual desires, namely a harmonious family, where families can get peace, comfort, compassion, and love and others.

Urgensi Bimbingan Perkawinan Bagi Calon Pengantin Dalam Mewujudkan Keluarga Harmonis

One of the goals of marriage is to create a harmonious family. The process of realizing a harmonious family requires the attitude of the married couple in living a household life. So the need for marriage guidance for prospective brides. In this study, researchers describe that with the urgency of marriage guidance for prospective brides followed by prospective brides, it is hoped that it will make a harmonious family so that it can form a family that can realize the defense of its family and can face and solve problems in the mahligai household. The method in this research uses a qualitative approach to the literature study method. The result of this study is that from the marriage guidance of prospective brides conducted by the two prospective spouses has urgency in realizing the household mahligai that every individual desires, namely a harmonious family, where families can get peace, comfort, compassion, and love and others. Keywords: Marriage Guidance, Bride-to-be, Family, Harmony

POLYGYNY DISCOURSE FROM JURIDICA, SOCIOLOGICAL AND ONTOLOGICAL ASPECT

This article aims to examine polygyny discourse from juridical, sociological and ontological aspects. Using the doctrinal writing method with a conceptual approach and statutory regulations, it was found that: Polygyny discourse from juridical, sociological and ontological aspects will face the legality of polygyny which is accommodated in statutory regulations even though with strict requirements and meets asociological spec where the practice of polygyny has not been fully accepted by society. Both those who want polygyny and those who reject polygyny. Because for those who want to be polygynous, the existing arrangements are considered very difficult and half-hearted because the conditions that must be met to be polygynous are very difficult to fulfill. So to carry out polygyny, sometimes they violate the law by marrying in a serial manner. But for those who reject polygyny, this arrangement is considered to legalize polygyny even though it is only through a legal loophole opened as a result of certain conditions. Then also face aontological spec that will bridge the juridical and sociological aspects. Ontological aspects related to asas marriage law that confirmsIn a marriage, a man can only have one wife. A woman can only have one husband, so polygyny is a special condition that is opened with certain considerations to achieve the goals of marriage. The ontological aspect is also related to justice which is difficult to realize in polygyny.

PERSEPSI MASYARAKAT TENTANG TRADISI PAMOGIH DALAM PERNIKAHAN

The goal of marriage is to form a happy household and family in the context of sakinah mawaddah and warahmah families, which has implications for the benefit of the people. Each region has different wedding parties with their own characteristics in organizing them. The tradition of the Gunosari village community adds another way of arranging wedding ceremonies, namely, pamoghi. Traditions basically have a similar outline to offerings, begibeh (household furniture) and so on. Apart from the uniqueness of the term, this study also covers the process and its legal consequences. This research uses qualitative descriptive statistics and fieldwork. The results of this research show that the Pamogih tradition is a person's obligation to give items in a form such as necklaces, rings, dresses, and other household items agreed upon by both of them for celebrations, and these gifts are considered to have added value to society. This tradition is usually carried out before marriage ceremonies. Usually, goods are transferred after weddings. The legal consequences of violating or not following the Pamogih tradition include unfavorable opinions, slander, and community rejection.

Tinjauan Maqashid al-Syari’ah Terhadap Akad-akad Pernikahan Kontemporer

Maqashid Al-Syariah and marriage have a close relationship and cannot be separated. Because the most important goal of marriage is to worship toward Allah SWT. In this modern era, there are many marriage contracts that have developed throughout the world, which are not in accordance with Maqashid Al-Syariah, such as Mut’ah’s marriage, Sirry’s marriage, Misyar’s marriage, Asdiqa’s marriage and so on. Its influence is very dangerous for husbands, wives, children and society. As for the packaging is only a little compared to the worse. Therefore, Maqashid Al-Syariah prohibited it. The purpose of the Maqashid Al-Syariah is reduced to safeguard religion, soul, descent, wealth and reason.

Efektifitas Penerapan Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan di Kantor Urusan Agama Kecamatan Bendosari Kabupaten Sukoharjo

Marriage is a way for creatures to preserve life, after each partner is ready to play a positive role in realizing the goal of marriage. Phenomena related to the age limit for marriage in Indonesia are still an interesting matter to study, bearing in mind that legal regulations regarding marriage (Law No. 1 of 1974 which was renewed by Law No. 16 of 2019) are still not effective in preventing marriage under age (early marriage). This study aims to analyze the effectiveness of applying Law Number 16 of 2019 in controlling underage marriages and the factors that influence the effectiveness of implementing Law Number 16 of 2019 in controlling underage marriages.This research is a qualitative descriptive research aimed at getting an overview of the effectiveness and factors that influence the effectiveness of the application of Law Number 16 of 2019 in controlling underage marriages. Data collection techniques in this study used direct surveys, interviews and documentation studies. The data analysis technique used in this study uses interactive descriptive analysis.The results of this study draw the conclusion that the application of Law Number 16 of 2019 concerning Marriage has been effective in controlling early marriage in the KUA area of Bendosari Sukoharjo Sub-District which has been proven to be able to reduce the incidence of early marriage which was originally an average of 11 events per year to an average of 5 incidents per year, and the effectiveness of the application of Law Number 16 of 2019 Concerning Marriage in controlling early marriage in the KUA area of Bendosari Sukoharjo District is influenced by several factors such as the legal factor of the law itself, the factor of law enforcement agencies or the parties involved, the facility factor (facilities and infrastructure supporting law enforcement), cultural factors and community factors

Sexual Relationship of Husband and Wife in Normative, Sociological, and Psychological Perspectives

Sexual intercourse is a sexual activity that does not only include one person but also involves other parties as partners. Sexual relations have certain rules so as not to harm either the wife or the husband. Problem formulation of how is the sexual relationship between husband and wife in the perspective of normative, sociology, and psychology? The purpose of this research is to find out the sexual relations of husband and wife from a normative, sociological, and psychological perspective, and how the rights and obligations of sexual relations between men and women in marriage are equal. This research uses library research or qualitative methods. The approach used is a normative, sociological, and psychological approach. The results of this study are that Islam regulates sexual relations between husband and wife. In surah al-Baqarah (2): 223 it is stated that the wife is a rice field cultivated by her husband. The husband is given freedom regarding how and when to have sexual relations with his wife. Sexual relations are a form of human activity that is naturally ingrained from birth. By nature, everything is created in pairs. From a sociological perspective, husband and wife in sex life become biological partners in household life. Humans cannot deny reproductive activity as one of their biological needs. In this case, Allah swt. has bestowed pleasure so that humans (husband and wife) have fun doing it so that they can continue it and maintain generations of people on this earth. Meanwhile from a psychological perspective every couple, especially the husband, tries to make his partner happy in sexual intercourse, especially in achieving the wife’s sexual satisfaction. One thing that can be done to achieve wife’s sexual satisfaction is to establish open and deep communication between husband and wife. So, the harmonious relationship between husband and wife can affect the health of the couple’s sexual behavior and conversely, the health of the husband and wife’s sexual behavior can affect the harmony of their relationship. Sexual fulfillment, as a form of spiritual livelihood, rights for a husband and wife can create a feeling of happiness in order to realize the goals of marriage, namely sakinah, mawaddah, warahmah.
 Keywords: sexual, husband and wife, normative, sosiologi, psikologi

DAMPAK PELAKSANAAN PERMENDAGRI NOMOR 109 TAHUN 2019 TERHADAP NIKAH SIRI DI KOTA SOLOK PERSPEKTIF HUKUM KELUARGA ISLAM

This research examines the impact of implementing Permendagri number 109 of 2019 on unregistered marriages in Solok City from the perspective of Islamic Family Law. The problem is, there is a Ministry of Home Affairs regulation that allows unregistered married couples to have a family card. This study uses field research. Data obtained through interviews and documents. The results of the study show that the implementation of Permendagri number 109 of 2019 article 5 paragraph (2) letter b in Solok City has been carried out in accordance with applicable regulations and can be taken care of directly by Disdukcapil with several procedures. The positive impact is that it makes it easier for the public to obtain population administration documents and obtain other public services so that gaps do not occur. The negative impact makes people underestimate the registration of marriages and creates difficulties for wives and children in legal certainty. Analysis of Islamic family law on the implementation and impact of this rule causes losses, especially for the wife and children, because it does not have the force of law in the event of a divorce and also has an impact on children's rights such as inheritance. In essence, family law wants legal certainty for everything that has happened and can provide justice so that the goal of marriage that is sakinah mawaddah warahmah can be realized properly.

Anjuran Menikah dan Memperbanyak Keturunan Studi Hadis atas Fenomena Childfree di Masyarakat

The Childfree phenomenon is still hotly discussed , especially on Indonesian social media. This phenomenon is quite controversial because in the construction of Indonesian society. Children are a gift and also one of the goals of marriage. Indonesia, which has a pronatalist culture, gives important consideration to Childfree’s views in the country. Thus, this is an interesting thing to explore, namely the study of the childfree phenomenon from a hadith perspective using thematic methods. By conducting this research, it is hoped that the meaning and understanding of hadith related to the childfree phenomenon can be used as a referance for understanding that does not only focus on the legal realm. The results of these findings are that the hadiths related to the theme of childfree, namely the hadith about the recomendation for marriage and increasing offspring, do not directly say that childfree is prohibited and opposed in religion.

Practice of Interfaith Marriages in Indonesia on Islamic Jurisprudence

This article discusses Islamic jurisprudence in responding to the practice of interfaith marriages in Indonesia. The practice of interfaith marriages in Indonesia has occurred, despite rejection from various Islamic circles. According to Islamic law, in this case the Indonesian Ulema Council (MUI) has prohibited the practice of marriage. This interfaith marriage cannot achieve the true goal of marriage. This research uses a normative approach using the Sadd Dzari'ah theory. Sadd Adzariah refers to actions that initially provide benefits, but end in losses. The conclusion of this research shows that the Sadd Dzari'ah concept in prohibiting interfaith marriages aims to prevent religious change and avoid potential conflicts within the family. Interfaith marriages can cause one of the Muslim partners to change their faith, so the clerics prohibit it to prevent negative impacts such as changing beliefs. In addition, restrictions on interfaith marriages aim to create peace in the family and prevent children who marry non-Muslims from following non-Muslim religions. This prohibition also aims to avoid divisions in the family.

Urgensi Bimbingan Perkawinan Bagi Calon Pengantin Dalam Mewujudkan Keluarga Harmonis


 One of the goals of marriage is to create a harmonious family. The process of realizing a harmonious family requires the attitude of the married couple in living a household life. So the need for marriage guidance for prospective brides. In this study, researchers describe that with the urgency of marriage guidance for prospective brides followed by prospective brides, it is hoped that it will make a harmonious family so that it can form a family that can realize the defense of its family and can face and solve problems in the mahligai household. The method in this research uses a qualitative approach to the literature study method. The result of this study is that from the marriage guidance of prospective brides conducted by the two prospective spouses has urgency in realizing the household mahligai that every individual desires, namely a harmonious family, where families can get peace, comfort, compassion, and love and others.
 Keywords: Marriage Guidance, Bride-to-be, Family, Harmony

PROHIBITION OF TRANSGENDER MARRIAGE ACCORDING TO BUYA HAMKA (IN THE BOOK OF TAFSIR AL-AZHAR)

This journal examines the prohibition on transgender marriage according to Buya Hamka in the Al-Azhar commentary book. Transgender is a symptom of a person's dissatisfaction because they feel there is no match between their physical form and genitals and their mental state or because they are dissatisfied with their genitals. The final results of this research can be concluded, namely: The prohibition of transgender according to Hamka is based on an-Nisa' verse 119, ar-Rum verse 30 and al-Baqarah: 216, hadith, ijma' and fatwa, that transgender behavior is actions and behavior that being deceived by Satan and following one's desires, including the act of changing Allah SWT's creation, transgender is an act that does not function Allah's creation according to its function, according to nature. Transgender is the act of resembling the opposite sex, the perpetrator received a curse from Rasulullah S.A.W and is classified as a Haram act. According to Buya Hamka, the prohibition on transgender marriages means same-sex marriages occur, sexual intercourse is not in accordance with nature, there is no fertility (procreation), the goal of marriage cannot be achieved, and the five basic principles of religion are threatened, namely religion, reason, the right to life, property and offspring. Genital surgery carried out by transgender people causes greater harm. Islam is determined by external aspects or physical indications, not psychologically.

The Fulfilment of Children's Rights Post-Divorce A Study at the legal aid Institution of the Indonesian Women's Association for justice (LBH APIK) –East Nusa Tenggara (NTT)

Objective: One goal of marriage is to create a happy, dedicated family with children. Having children is one reason many marry. However, some marriages result in divorce. The breakup of a marriage doesn't change parents' child rights obligations. This study examines parental obligations for children's rights following divorce. Methode: The type of research in this study is empirical research in order to analyse the implementation of the Law in society, and to examine events or situations of the objects of research in details by collecting facts and to develop relevant concepts underlying the issues. Result: The study finds that court decisions in divorce cases generally give custody of the children to the mother. The main consideration being that children, especially young ones, are of age that still requires care from a mother. father’s inability in fulfilling these rights has implications on other areas of children's lives. In cases where mothers bear custody to the children, there is no prosecution from the mothers to the fathers regarding this condition where they are resigned to accepting the condition, especially when efforts that have been made to ask for the fathers’ obligations have not produced results. Suggestions: First, the government, in this case the court, and LBH APIK NTT, which helps women in divorce cases, should educate parents about children's rights after divorce. Second, mediation and legal action are needed to guarantee dads fulfill their children's rights.

Equality (Kafa'ah) In Marriage: A Dialogue of Islamic, State, and Customary Law in INDONESIA

Purpose: Religious (Islamic), state and customary laws in Indonesia offer the same concept with different indicators. Islam offers the aspects of religion, descent, wealth, and beauty as elements to be considered. The state adds the aspect of age as a physical and psychological consideration for couples facing marriage. Customary law accommodates all of them by requiring the requirement of customary social strata in marriage. The praxis dialogue of the three laws above in Sasak tribal society is the object of study in this research. Theoretical Framework: Equality in marriage is a religious teaching, some of which is also constructed in local cultural values. The meeting of religious and cultural values sometimes does not go hand in hand, and gets resistance from the community. Conflict theory, social change, and Islamic methodology are used as basic theories. Method: The research used qualitative descriptive-analytical method, by observing the words, actions, and feelings of the informants in the research. Documentation and interviews were used to find the deepest things object of the research. Results: The study found that the equality required in the Sasak traditional marriage system aims to maintain descendants well and intact. However, the social strata requirements imposed in Sasak society have an impact on injustice on the female side and ignore the value of equality between humans. Marriage with mandatory equal conditions in social strata is widely ignored and resisted by the community. Social changes that cover the education system, economy, politics, communication, culture, technology, and other elements of novelty are a trigger for dialogue and resistance to the mandatory requirement of equality in social strata in Sasak traditional marriage. Religion and the state safeguard the legal needs of the community based on equality, justice and partiality. Conclusions: In principle, both religious law (Islam), customary law and state law aims to protect citizens and help them to achieve the goals of marriage. However, the meeting of the local values of a particular culture with the universal values of religion and the state is often not in harmony. Local culture values are still restrained by the old culture (feudalism), while religious and state laws tend to be open. With the opening of access to education, the mindset of the community has changed, which is also in line with the accelerated development program in Lombok.