Issue Of Marriage Research Articles

Pembuktian Kasus Hukum Perkawinan

This study discusses the issue of marriage according to civil law in Indonesia, especially related to the importance of marriage registration to ensure the validity of marriage and the legal impact arising from unregistered marriages. This study aims to identify relevant legal provisions in marriage cases, especially those related to unregistered marriages, otherwise known as sirri marriages. The method used in this study is normative juridical, with secondary data from literature studies. The results of the study show that unregistered marriages have the potential to cause various legal problems, both for married couples and children born from the marriage. The conclusion of this study emphasizes the importance of marriage registration as formal and legal evidence that protects the civil rights of husband and wife and children born from a valid marriage.

Study of Supreme Court Decision Number 2580 K/Pdt/2016 on Divorce from Mixed Marriage between Indonesian and French Citizen

This research examines the legal aspects related to divorce in mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA). In the context of marriage, which is a fundamental event in human life, the issue of mixed marriage is becoming increasingly relevant as interactions between countries increase. This research focuses on analyzing the Supreme Court's decision in Decision Number 2580 K/Pdt/2016, which dealt with a divorce between an Indonesian citizen and a foreigner from France. Using normative legal methods, this research explores the legal norms governing divorce in mixed marriages and assesses the consistency of the applicable law in Indonesia. The findings show that there are legal complexities at hand, especially regarding jurisdiction and children's rights, where the Supreme Court's decision has the potential to influence the handling of similar cases in the future. This research is expected to provide insight into the challenges of the Indonesian judicial system in dealing with international divorces as well as the legal implications resulting from the decision.

Stolen Childhood and Desolate Future: On Child Marriage in the Makawanpur's Chepang Community

Child marriage remains a critical issue not only in Nepal but globally, predominantly affecting South Asia, Africa, and Latin America. In Nepal, the Terai region, rural areas, particularly among economically disadvantaged and Dalit communities, faces alarmingly high rates of child marriage. Main objective of this study is to investigate the causes and consequences of child marriage in the Chepang Community. This phenomenon is driven by poverty, social pressure to maintain ties, and the misconception that it offers protection. ADD Primary data has directly been taken from the Chepang community through interview, and Previous studies, book, articles, bulletin, journal are used as a secondary data. This paper employs qualitative research methods, including semi-structured interviews with twenty households and case studies involving two Chepang women, to explore the causes and consequences of child marriage in the study area. Its consequences are profound, directly impacting girls' health and education. Many girls drop out before completing primary education due to domestic responsibilities like cooking and household chores. Early pregnancies, despite physical immaturity, contribute to high maternal and child mortality rates. The statement effectively highlights the multifaceted issue of child marriage in the Chepang community, touching on key factors such as socio-cultural norms, purity, economic pressures, and educational limitations. It also emphasizes the negative impacts of early marriage on health, education, and economic independence, reinforcing cycles of poverty and gender inequality. The proposed solutions education, legal enforcement, awareness, and promoting gender equality are crucial for addressing this issue. However, a deeper exploration of specific interventions tailored to the Chepang community's context could further strengthen the argument.

TAQNIN FIKIH : Transformation of Marriage Law in Indonesia

Indonesia has a pluralist background, so realizing one rule accommodating all interests is a challenge. Among them is the unification of the rules on marriage. The purpose of this study is to explore historically the growth and development of taqnin from time to time, taqnin of marriage law in Indonesia, the legality of post-taqnin marriage law, challenges and opportunities, and challenges of taqnin. This literature research method uses quantitative with an exploratory analysis approach, namely analyzing fikih munakahat products transformed into positive law. Data processing by managing library materials (library research). Secondary data sources are Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI) and books and articles based on OJS (Open Journal System). Techniques for analyzing the data obtained were exploratory and descriptive analysis using the techniques of reduction, display, and verification. The results showed that, based on historical aspects, taqnin had been pursued since the abasiyah daulah but has experienced ups and downs in its implementation. Second, The transformed legal product is dynamic. Third: Munakahat jurisprudence has gone through the process of taqnin to have the legality of state law, so it becomes the primary source in marriage issues. Fourth: The opportunities and challenges faced are internal and external.

Navigating Legal and Cultural Intersections: The Impact of Law on Minority Traditions and Identity

Abstract States should establish in their legislations protective mechanisms which, on the one hand, guarantee the realisation of the rights of the majority and, on the other hand, ensure respect for the traditions, culture and customs of national and ethnic minorities. In Poland there are such guarantees that ensure that minorities can live in accordance with their own traditions and customs, also at the highest normative level. In addition to the legal sphere, one should not forget the equally important sphere of social life, which for some people is even more important. The issue of early marriage in the Roma community is an exemplification of the problem that can be caused by the interference of subject law norms with the centuries-old traditions and customs of a particular national or ethnic group.

Jurisprudential consensus in the book Ahkam al-Qur’an by Ibn al-Arabi al-Maliki (d. 543 AH)، Marriage issues section

Jurisprudential consensus in the book Ahkam al-Qur’an by Ibn al-Arabi al-Maliki (d. 543 AH)، Marriage issues section

Problems and Comparisons Regarding The Implementation of Marriage Laws Towards The Dissemination of Islamic Law Compilations

This research aims to identify problems in the implementation of Law Number 1 of 1974 concerning Marriage related to Presidential Instruction Number 1 of 1991 which regulates the dissemination of the Compilation of Islamic Law as a juridical basis. Although the Marriage Act of 1974 regulates various aspects of marriage in general, it does not explicitly regulate, legalize, or prohibit interfaith marriage. This raises the need for further elaboration in order to cover all religions regulated by the state. The birth of Presidential Instruction No. 1 of 1991, which aims to disseminate the Compilation of Islamic Law, faces challenges in implementation due to its lower position in the legal hierarchy compared to the Marriage Law. Therefore, even though this Presidential Instruction provides additional guidance, marriage issues must still refer to higher and more general rules. This research will explore how the integration of these two regulations can be done to create a consistent and fair legal system.

Child marriage on social media: investigating a conservative society behind the scene

ABSTRACT While considered relatively benign by some, child marriage is considered a profoundly problematic gender inequity issue. There are intensifying efforts to end child marriage and improve female wellbeing including campaigns that challenge the cultural boundaries of restrictive traditions. While many studies investigated child marriage and its drivers, behind the scene perceptions cannot be ignored. Given the sensitivity of the issue and to explore the public perspectives of child marriage, this study employed a qualitative content analysis by analyzing 105 comments attached to three posted Facebook reports on child marriage. These posts discussed the issue of child marriage and provided detailed reports of the significance of the issue and its effect on children and the society. A textual analysis of the comments regarding attitudes toward child marriage was conducted focusing on the latent content to elicit thematic aspects from the posted content. Four themes have emerged: conspiracy; false study/report; child marriage is acceptable; and ignorance. Outcomes recognize child marriage as an acceptable practice where such reports considered part of a greater conspiracy. Saturated with conspiracy ideation, females also had negative attitudes and supported child marriage. Given the influence of social media in the construction of public opinion, this study suggests the need to consider these views in constructing strategies to end child marriage. This study also highlighted the importance of online space as a significant source for studying public’s perspectives on culturally sensitive issues.

Isolation's Echo Current Perspectives in Loneliness Research

Despite increasing incidence across the world, not much evidence is available for understanding and effective management of loneliness. More recently, the COVID-19 pandemic, hard economic times, parental stress, marriage issues and other factors pressed the global population with severe loneliness in high-income, low and middle-income countries (LMICs). This literature review investigates the current landscape of loneliness in high and LMICs to identify new developments, knowledge gaps and insights. This literature search in electronic databases, PubMed/Medline and Google Scholar, to gather qualitative and quantitative evidence and evaluate reported symptoms, prevalence and variance of loneliness across populations. The review focused on unaddressed or contentious issues that are vital for evidence-based interventions. The incidence of loneliness among adolescents, married, children, and separated partners in high and LMIC resonated around vulnerability due to socio-economic, cultural, political and ethnic features. A global incidence of loneliness manifested through parental stress, family conflict, abuse and victimization, racial discrimination, loss of jobs, the COVID-19 pandemic and weak social connections. In children aged 4 to 10 years, loss of pro-social activities like hobbies, sports, school, family conflicts, child-parent disagreements, sedentary behaviors like increased screen time, health disparities and racism have been associated with loneliness. Loneliness has been deemed a trigger of poor social development, quality of life and family fragmentation. The global variance of loneliness can be attributed to unique risk factors. Loneliness implicates social isolation, stress, anxiety, and sleep disturbances among children, adolescents and elderly people. Apart from parental stress, the recent pandemic amplified its prevalence due to hard economic times, loss of jobs and curfews. Males, adolescents and children are the major victims of ensuing loneliness. nonetheless, our study established that physical exercise is an effective intervention against loneliness. Keywords: Loneliness Research, Social Isolation, Mental Health, Psychological Well-being, Current Perspectives

Analysis of the order of marriage in Russia (based on the materials of the Pilot book)

The relevance of the research is determined by the fact that, based on the analysis of the Pilot Book, knowledge about the genesis of ancient Russian family law is expanding, allowing to reveal the historical roots of modern legislation in this area and to identify the influence of cultural, religious and social factors on the formation of norms and principles of family law. The scientific discussion on this issue contributes to a deep understanding of the history of the Russian state and law, the actualization of issues of marriage and family relations in the context of modern challenges and changes in society.The purpose of the study is to reveal the features, conditions and procedure of marriage in Russia.The objectives are to identify the factors influencing the order of marriage, identify obstacles to marriage, and establish the religious and legal basis of marital and family relations.Methodology. The methodological basis is determined by the historical and legal nature of the research, based on the principles of historicism, a systematic approach and objectivity in understanding the legacy of the Pilot Book.Results. In the course of the study, the foundations of family legislation were determined, among them are: the chaste nature of premarital relations, which does not violate the foundations of family values and life in marriage; the definition of marriage as a union of a man and a woman, with the aim of legitimate childbearing and avoiding a sinful life; the consent of both spouses to marry, the absence of obstacles to marriage (kinship, nepotism, etc.); the obligatory wedding of the spouses and the blessing of the priest of the couple; the responsibility of the husband for the wife.Conclusion. In the conditions of modern Russia, the appeal to the historical and legal heritage of the past is dictated by the need to strengthen the authority and support the institution of the family and basic family values. The analysis of the norms of the Steering Book (Nomocanon), which laid the foundations of family legislation, helps to understand the values and principles that have been formed in society over the centuries and influence modern legislation.

URGENSI BIMBINGAN PRA NIKAH DALAM MENGUPAYAKAN KEHARMONISAN RUMAH TANGGA

Marriage is a very important dimension of life in human life. So it is not surprising that religions in the world regulate marriage issues even according to traditions or customs among local communities, and state institutions also do not lag behind in regulating marriages that apply among the community. The purpose of marriage according to the Islamic religion is to fulfill religious instructions in order to establish a harmonious, prosperous and happy family, harmony in exercising the rights and obligations of family members. Prosperous means the creation of inner and outer peace due to the fulfillment of life's and inner and outer needs, so that happiness arises, namely affection between family members Premarital guidance for those who are getting married is highly recommended because it provides provisions for both parties so that family life can be adjusted to religious guidance, and marriage can be able to give birth to a harmonious family

Is Early Marriage a Problem in Indonesia? Maqāṣid Al-Sharī‘ah, Economic and Quadruple Helix Analysis

Early marriage is a contributing factor to low levels of health, education, and family welfare. Early marriage is a worldwide occurrence that warrants the attention of all stakeholders, including UNICEF. The objective of this study is to address the issue of early marriage in Indonesia by employing the quadruple helix approach and doing legal and economic analysis to effectively reduce the prevalence of early marriages. The author employed a type of normative juridical study that incorporated both national law and the Islamic legal method approach known as maqāṣid al-sharī‘ah. This was done by utilizing the quadruple helix and economic analysis of law (EAL) theory. Ultimately, early marriage is influenced by ineffective regulations as well as cultural, economic, and educational factors. To address this issue, it is crucial to establish a strong collaboration between academics, businesses, government, and society. Additionally, raising awareness among the public about the benefits of delaying marriage until the appropriate age can contribute to the well-being of couples, families, and society as a whole. This approach can also incentivize the community by facilitating access to education, the economy, and healthcare and addressing issues such as stunting.

Deviant Marriage Practices in Lolo Hilir Village According To The Marriage Law and Islamic Law

This paper discusses the basis of the Lolo Hilir community who must comply with the orders of the marriage law as a means of addressing marriage issues in the modern era. This research includes field research, which is Descriptive-Analytical in nature, using a sociological-normative approach. The results showed that the UUP must be obeyed by the Indonesian people, especially the village of Lolo Hilir by looking at the basis of the obligation in Article 27 paragraph (1) of the 1945 Constitution in positive Indonesian law and in Islamic law also regulated in QS. An-Nisa': 59 and 83. According to Muhammad Abduh, the result of thinking in this law is ijmâ', the third source of Islamic law, which occurs because there is no definite nash or proposition regarding the problems that occur in this modern era and the law was formed by many experts including scholars, jurists, women experts and including the community, it must be obeyed for the benefit and peace so that there is a sense of security and tranquility in carrying out daily life in the community of Lolo Hilir village.

DIFFICULTIES OF THE DIVORCE PROCESS OF PEASANTS IN THE EARLY 20TH CENTURY (in terms of Tobolsk diocese)

Based on previously unexplored documents of Tobolsk Ecclesiastical Consistory, stored in the State Archive in Tobolsk, the difficulties that stood in the way of peasants to obtain permission to divorce were identified. The influence of large territories of the Russian Empire, including Tobolsk diocese, on the increase in the duration of office work and, as a consequence, on the aggravation of problems associated with divorce, is revealed. The dynamics of filing petitions for divorce for each decade from 1863 to 1917 is presented, the analysis of which showed that in the early 20th century, peasants, eager to change a spouse, applied more and more often, however, as ages before, only a few received positive decisions per year. It is concluded that most of the problems associated with divorce proceedings had remained unchanged since the previous19th century. It was found that in the early 20th century, more and more literate people, now able to sign documents on their own, appeared; however, ignorance of the laws led to an increase, in quite long time, frame for resolving marriage issues. Personal circumstances could also have an impact, and the diocesan authorities’ strict adherence to the letter of the law prevented them from entering into the position of the participants in the case.

Pencegahan Pernikahan Dini melalui Penanganan Psikososial Berbasis Komunitas di Pagatan Hulu

Early marriage issues must be a serious concern since it could lead to the quality of human resources problem in Indonesia in the next few years. Even though early marriage in Indonesia is illegal in Indonesia's law, the rate of early marriage is still high. Moreover, this problem should be solved, and a preventive approach is needed to overcome this problem. In this community service, Community-Based Research is used to strengthen the community. Its implementation has four main stages: laying the foundation, planning, information gathering/analysis, and acting on the findings. This service is for senior high school students in Pagatan Hulu, one of the areas with the highest number of marriages in Central Kalimantan. The activity implementation involved the Students Organization (OSIS) members as Catalysts. The activity results show that the catalysts can discuss this issue based on their experiences through Focus Group Discussions. Furthermore, the catalysts also carried out activities with eleven grade students, including sharing knowledge about Child Marriage and Its Impacts, Inspiration Sharing Talkshows, Planning Skills, and Overcoming the challenges skills.

Child Marriage Discourse According to al-Qaradawi’s Fiqh Methodology

The polemic on the issue of child marriage has not only been debated among human rights groups in recent decades but has also been included in the discourse of contemporary Muslim scholars. Yusuf al-Qaradawi is a contemporary scholar who is responsive in discussing issues of women and girls that concern the international community, including child marriage. This article explores issue of child marriage from al-Qaradawi’s fiqh methodology, which offers solutions to contemporary societal issues according to the Islamic legal framework. Qualitative methods through a content analysis were used in al-Qaradawi’s work on Islamic law and child marriage. This article shows that al-Qaradawi’s position on the issue of child marriage is centred on the priority of protecting children’s rights from harmful traditional practices based on the Siyasah al-Shar’iyya. The government should adopt al-Qaradawi’s point of view to reforming the Islamic Family Law Enactment to protect the child’s best interest from this harmful practice.

Jurisprudential issues transmitted by Al-Subki in the major Shafi'i layers - personal status - faith and lawsuits - marriage issues as a model (a comparative jurisprudence study)

Jurisprudential issues transmitted by Al-Subki in the major Shafi'i layers - personal status - faith and lawsuits - marriage issues as a model (a comparative jurisprudence study)

The Dynamic Landscape of Interfaith Marriage in Indonesia: Navigating The Supreme Court Circular Letter (SEMA) No. 02 of 2023 and Population Administration Law

The issue of interfaith marriage in Indonesia is rooted in the legal conflict between Article 2, paragraph (1) of Law No. 1/1974 on Marriage, which regulates the legality of marriage based on religious law, and Articles 34 and 35 of Law No. 23/2006 on Citizenship Administration. Articles 34 and 35 of Law No. 23/2006 state that a valid marriage is one that is reported and registered, with Article 35(a) stipulating that the court determines the validity of a marriage. The incompatibility of these regulations regarding interfaith marriages has affected legal interpretation, resulting in discrepancies in judicial decisions. In response, the Supreme Court issued Circular Letter No. 2 of 2023, providing guidance for judges in adjudicating cases involving the registration of marriages between individuals of different religions and beliefs. This circular aims to ensure certainty and consistency in the application of the law in such cases. However, this regulation has sparked debate among legal experts. This research adopts a qualitative approach and is analyzed descriptively. The findings indicate that conflicting legal interpretations regarding interfaith marriages lead to differences of opinion among judges on the validity of such marriages. Moreover, inconsistencies in the legal framework governing interfaith marriage in Indonesia result in conflicts of legal interpretation. The primary cause of the ineffectiveness of Indonesia's interfaith marriage law is due to substantive legal considerations. Disagreements between legal systems lead to disputes among legal entities and impact interfaith marriages within society.

Empowering high school students as peer counselors to prevent free sex and early marriage

counseling in schools can be the right choice in an effort to fortify adolescents from negative environmental influences and play a role in promoting the issues of free sex, early marriage, and reproductive health through counseling activities. The activity was carried out using the training method, in August 2023. The location of the activity was SMA Negeri 15 Surabaya, with the target participants being 2 representatives of class X and XI students, totaling 48 students. The instruments used in this activity are pre-test and post-test, with the main material of counseling on free sex, early marriage, reproductive health, and skills to become peer counselors. The success indicator of this activity, where >50% of participants get a minimum point increase of 5%. Community service activities through peer counseling training were successful in fulfilling activity success indicators. >50% of participants got an increase in points of at least 5% after training; namely, a total of 26 (54.17%) participants experienced an increase in knowledge scores of more than 5%. The training activities that have been carried out are effective in increasing the knowledge of participants.

A Rare Case Report of Bardet–Biedl Syndrome: A Syndrome of Pentad Symptoms

Bardet–Biedl syndrome (BBS) is a clinically and genetically heterogeneous disorder that manifests as a result of primary cilia impairment, characterized by retinitis pigmentosa, obesity, mental retardation, hypogonadism, and polydactyly. The five findings together are called “the pentad” and are found in most of the cases. This is the case of a 14-year-old boy, 2nd issue of consanguineous marriage of his parents, having a positive family history, who presented with progressive dimness of vision, learning disability, increased hunger, and weight since childhood. Initially, there were impaired night vision and peripheral vision problems, and later loss of color vision. He had no hearing problem, anosmia, cold intolerance, or steroid-taking history. His intranatal and postnatal history was uneventful except slightly delayed developmental milestone. His body mass index was 32.7 kg/m2, waist–hip ratio was 1.08, height was in the 50th centile on the growth chart. He had polydactyly, high-arched palate, acanthosis nigricans, and buried penis; testicular volume was prepubertal. Laboratory findings revealed high triglyceride, impaired glucose tolerance, hypogonadotropic hypogonadism, and grade-III fatty liver. He had bony spicule-like pigmentation in the periphery of both eyes suggestive of retinitis pigmentosa. Based on these data, BBS was diagnosed. In conclusion, BBS is a rare clinical syndrome that may go unnoticed by many clinicians. Renal failure is the leading cause of morbidity and mortality in patients with BBS. Therefore, early detection of BBS is vital to halt the progression of renal impairment.