Marriage Law Research Articles

Age Limit of Marriage in Islamic Family Law: A Comparative Study between Morocco, Pakistan, Malaysia, and Indonesia

The renewal of marriage laws in the Islamic world is not a new thing but has been debated since ancient times. The cause of these differences began with the rise of awareness from the community and scholars that the concept of Fiqh used was no longer in line with the times, so there needed to be a new legal reform that was in line with the demands of the Islamic community, especially in marriage in determining the age limit of marriage that occurred in Asian countries namely Morocco, Pakistan, Malaysia, and Indonesia. The development of knowledge about the situation and conditions of the developing community at that time was one of the factors that triggered family law reform. The method used in this writing is library research, with a legal analysis approach. so it involves an analysis of the legal regulations and provisions that apply in Islam. The regulation analysis carried out involves a comparison of family law in various countries related to the age limit of marriage. The discussion is interesting because it will provide consideration of the ideal age of marriage reviewed from the positive law of the country, and will know the historical side of the provision of age limits in marriage in comparative law in the country so that it is obtained in its application in the Islamic country it is different but not far from the age recommended in reaching adulthood and maturity of thinking, mental readiness because each country has its limits to measure the maturity of children to get married.

THE IMPACT OF DIVORCE OUTSIDE THE RELIGIOUS COURT ON THE SOCIAL LIFE OF THE COMMUNITIES IN ACEH UTARA AND ACEH BARAT

Divorce is a final path that must be taken in resolving household disputes and turmoil. If the cracks in the household can no longer be reconciled, it is feared that it will cause division between the two families. The objectives of this study are to understand the law of divorce in religious courts and outside of them, the factors causing divorce outside the religious courts, and to identify the impacts of divorce outside the religious court on the social life of the communities in Aceh Utara and Aceh Barat. This research uses a qualitative method, where the researcher thoroughly examines the facts found in the research locations according to the problem focus directly, then presents and discusses the analysis results. To obtain accurate and reliable data, data collection was carried out through observation, interviews, and documentation. The results show: (1) in Islamic law, divorce performed outside the religious court is valid, while the law of divorce outside the religious court is not valid under Indonesian law and the Marriage Law as well as the Compilation of Islamic Law; (2) the factors causing the community to divorce outside the religious court are due to adhering to the opinions of the Imam Mazhab and local ulama, due to customs, economic conditions, ignorance/lack of understanding of regulations, laziness in processing, and indifference to divorce laws; and (3) the impacts felt by the community after divorcing outside the religious court are not receiving the iddah rights, difficulty in remarrying. After all, they do not have a divorce certificate, as the KUA does not permit because they are still considered the wife of the first husband. Furthermore, they cannot claim joint property, hadhonah, and child support. This is consistent with what has happened to the people of Aceh Utara and Aceh Barat. Additionally, problems arising from divorce outside the religious court are related to children and their education, lack of legal certainty, asset distribution, inheritance, creating priority for the husband over the wife, the husband being arbitrary towards the wife, and child custody.

Interlegality of Marriage Law: Tracing the Dynamics of Sumbong Marriages Practices in Jambi

<p><em>This article departs from the interlegality of marriage laws in Jambi society today, which discusses sumbong marriages. Sumbong marriage itself is a marriage that is legal according to religion, state, and custom. However, the ability to marry sumbong itself is considered valid by carrying out a customary settlement first, which was initially prohibited by customary law. The prohibition on marriage in Indonesia is contained in Article 8 of Law Number 1 of 1974 concerning Marriage and Article 39 of the Compilation of Islamic Law. Departing from this phenomenon, the author tries to examine the writing, which includes the implementation of marriage law in the Jambi community, the legal pluralism of the Jambi community, and the interlegality of customary, religious and state law in the marriage law of the Jambi community. The type of research carried out by the author is field research (Field Research) with qualitative methods. The nature of this research is analytical descriptive research. The approach used by the authors is a sociological empirical approach with interlegality. The author's findings clearly show that legal interactions in this tradition involve interactions between several laws, including religious, state, and customary laws used in sumbong marriage practices. By applying the legal interlegality theory approach, customary law, state law, and religious law become one unit. The concept of interlegality is found in adopting the values contained in the sumbong marriage tradition, whether based on state law, Islamic law, or Jambi customary law. This adoption process is based on the characteristics of the Jambi community's legal identity and its social environment, which is still steeped in customs, and the community also upholds the norms that apply in society and adheres firmly to "adat basandi syarak, syarak basandi kitabullah. "</em></p>

Prevention of Falsification of Polygamous Marriage Identity in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia

This article examines the problem of identity forgery in polygamous marriages in Lampung Province. This case arises because the husband is not open to the first wife and the strict regulations regarding polygamy. The purpose of the research is to analyse identity forgery from the perspective of Islamic law and positive law as well as preventive efforts that can be made as an Islamic family law reform in Indonesia. The method used is qualitative, with a case study approach, type of field research, data collection techniques, through observation, interviews and documentation. Interview respondents from the Head of the Lampung Province Religious Affairs Office, religious leaders and six perpetrators of marriage identity forgery. The findings show that identity forgery is done to trick the wife and the KUA, and violates the principles of justice in Islam and Marriage Law No. 1 of 1974. Prevention efforts involve increasing public awareness, the capacity of registration agencies, and revising stricter regulations. The conclusion states that these measures can prevent identity forgery and strengthen law enforcement, as well as contribute to a more just and transparent reform of Islamic family law.

Bimbingan Perkawinan Ditinjau Dari Teori Sadd Adzariah

This study examines the role of marriage guidance in preventing household conflict in the KUA of Padangsidimpuan Utara District in terms of the sadd adzariah theory. The type of research used in this study was field research (Field Research), using a qualitative approach, primary data sources, namely KUA employees in Padang Sidempuan Utara District, bridal couples who conducted marriage guidance at KUA in Padangsidimpuan Utara District, a total of 2 people, the Koran and the fiqh proposal book written by Amir Syarifuddin while the secondary data in this study are books related to sadd adzariah, journals, regulations of the director general of bimas and various other sources. Data collection techniques in this study consisted of interviews, observation and documentation. The data analysis technique in this research is descriptive qualitative. The conclusion of this research is that the implementation of marriage guidance is carried out at the KUA, Padang Sidempuan Utara District, prospective brides who have fulfilled the documents requested by the KUA and have registered to get married will be summoned by the KUA to carry out marriage guidance, the guidance process is carried out routinely every Wednesday and Thursday at 09.00-11.00 guidance is carried out using the lecture method. The material given is about marriage according to Islam, marriage laws, rights and obligations of husband and wife and dealing with problems in the household. Furthermore, marriage counseling held at the KUA of Padangsidimpuan Utara District is one of the efforts to prevent household conflicts after marriage later through material delivered during guidance as well as Sadd Adzariah's theory, namely efforts to inhibit all roads that lead to damage or prevention.

BUILDING A HAPPY HOUSEHOLD: A MODEL OF HUSBAND AND WIFE RELATIONSHIP AND ITS IMPLEMENTATION IN THE FAMILY LIFE OF TABLIGH CONGREGATION.

This study aims to analyze the relationship model of married couples in Tabligh Jama'ah in Bandar Lampung City and Metro City. And to explore the actualization of the rights and obligations of married couples in maintaining family harmony in the tabligh congregation of Bandar Lampung City and Metro City. This field research intensively examines how the husband and wife relationship model in the family of tabligh congregation in Bandar Lampung City and Metro City. Data were collected using observation, interview, and documentation methods. The research informants consisted of six families. The data analysis technique used in this research is qualitative data analysis. Based on the results of the study, it was found that the husband and wife relationship model in tabligh congregation in Bandar Lampung City and Metro City is that the husband in the tabligh congregation family is absolutely the leader of the household, and this is also by Marriage Law No.1 of 1974 article 31 and Compilation of Islamic Law article 79. And the actualization of the rights and obligations of married couples in maintaining the household. The actualization of the rights and obligations of spouses in preserving family harmony in tabligh congregation Bandar Lampung City and Metro City includes 3 things, namely the fulfillment of alimony which is the right of the wife, decision making which is the right of both worshipers, as well as maintenance and protection.

Transformation of the sanctity marriage amidst high divorce cases in Denpasar district court

The Marriage Law, which fundamentally aims to make divorce difficult, when confronted with the reality of a high divorce rate in the Denpasar District Court, indicates concerns about the erosion of the sanctity of marriage. This transformation of the sanctity of marriage towards an undesirable direction is undoubtedly worrisome. Stemming from this issue, the research aims to analyze the sanctity of marriage and the role of the judicial system in preserving the sanctity of marriage by preventing and complicating divorce. This research employs empirical legal research methods. The procedures involve collecting data consisting of factual or social phenomena and legal norms. Primary data collection includes observation to gather data on divorce cases, followed by interviews with informants who are judges at the Denpasar District Court and lawyers who have litigated at the same court. Additionally, a questionnaire was administered to 29 respondents through a focus group discussion. In addition to primary data, the study also collects secondary data derived from legal regulations and related literature. The collected data is then analyzed using qualitative techniques to provide sound arguments in analyzing the research issues. The research findings indicate that the sanctity of marriage originates from its validation based on religious and cultural customs. The bitter reality of the high number of divorce cases in the Denpasar District Court suggests a decline in the understanding of marriage sanctity. To optimize marital sanctity, three solutions are proposed in this study: maximizing the role of judges at the Denpasar District Court in earnestly preventing divorce in every session, reforming mediation regulations to make them mandatory without exceptions, and fostering societal efforts to understand the importance of preserving marital sanctity.

Polygamy Law Reform Through the Development of the Aceh Qanun: A New Approach to Protecting the Rights of Women and Children in Indonesia

Aiming to legalize the practice of polygamy through the Raqan regulation, which is then outlined in the family Qanun, it needs to have restrictions on practicing polygamy, such as the concept of justice and sanctions for abuse committed by a husband. The purpose is to protect women as human beings whose rights must be protected along with the obligations and be executed. Then, the research aimed to analyze the construction of Islamic law reform in the family sector, especially in protecting the position of women and children in the context of the structure of the legal order and the occurrence of polygamy without the permission of the Mahkamah Syar’iyah in Nanggroe Aceh Darussalam. The research was qualitative using non-doctrinal juridical or sociological methods to reform the legal order of polygamy in Raqan using studies of legal order theory, al-hudud (legal boundaries), and al-mashlahah, using a historical approach and a legal philosophy approach. The findings showed that the idea of a legal order for polygamy in the family law community in Nanggroe Aceh Darussalam is the implementation of the idea of legal governance between compliance with Sharia and state law perfectly through raqan renewal. Legal reform is an illustration and parameter in implementing polygamy to realize benefits for individuals and society. And, protect the position of women and children who have not been accommodated in marriage law, so that they can live a harmonious life.

ROLE AND ETHICS OF HAKAM IN RESOLVING MATRIMONIAL DISPUTES

Conflicts and disagreements are part and parcel of married life. As revealed in the Qur’an the best way to resolve conflict in family is by the efforts of the spouses themselves. In the event of failure to restore harmony between the spouses, Islam laid out other remedies from outside the conjugal home where competent third parties are available to assist in resolving the conflict. In Malaysia, provisions relating to third party intervention can be found, for instance, under sections 47 and 48 of Part V on the Dissolution of Marriage of the Islamic Family Law (Selangor) Enactment 2003. The sections respectively provide clauses for conciliatory committee and arbitration. The courts, under s. 48 will appoint two hakam (arbitrators) to act for the husband and the wife. In agreement with the Islamic law of Tahkim, it is recommended that where possible, for a hakam to be from among the family of the spouses. This paper seeks to examine first, the role of Hakam in a Tahkim process and, second, the ethics of Hakam. To achieve this, apart from field research, the Hakam Rules 2014 of Selangor was referred to to examine detailed aspects on the qualifications, role and ethics of Hakam. A minor fieldwork was conducted at Shah Alam Syariah Subordinate Court. 20 case files involving settlement reached through tahkim sessions were examined. Separate interviews with Syariah Court Judge as well as ‘court-annexed’ hakam were also carried out. The findings suggest that besides emphasizing on the principal requirements, it is equally important to pay greater attention to promoting additional qualification and nurturing relevant skills in the light of the hakam duties as third party in resolving family disputes. Furthermore, maintaining the characteristic as hakam by following the code of ethics is another key to the successfulness of majlis tahkim.

Legal Certainty in The Validity of Interfaith Marriages Performed Abroad

This research examines in more depth how legal certainty regarding the validity of marriage certificates of different religions is held abroad after being recorded and reported to the Population and Civil Registry Office (Dukcapil), where the couple resides upon returning to the homeland. With lex loci celebrationis and lex fori principles, the state is expected to accept, recognize, and respect as the basis for recording and registration with the Dukcapil. This type of research is normative research using a statutory and factual approach. The data collection method used literature study, field research, and interviews. Based on the results and discussion of the research, it is found that Indonesian Citizens (WNI) who enter into marriages of different religions abroad under International Civil Law (HPI) are valid and recognized. However, when viewed from the applicable marriage law in Indonesia, it is invalid because it still has to be based on religious law. However, sociologically, the community still recognizes and accepts the existence of interfaith marriages.

Exploring the Verdict of Interfaith Marriage under Maqāṣid Sharīa Insights

The diverse society of Indonesia permits interfaith marriage but the challenge lies in the legal recognition under Islamic law. The primary issue pertains to the legal aspects and the jurisprudence from the perspective of Maqāṣid Sharīa. Therefore, this research aimed to analyze the legal objectives of interfaith marriage as well as the execution and status of the concept from the perspective of Maqāṣid Sharīa. A thorough examination of literature from primary, secondary, and tertiary sources is carried out, including legislation, court judgments, books, journals, and other relevant materials. Meanwhile, the analysis is performed using a juridical, syar'i, and philosophical perspective. The results show that the judge approved the application for the legality of interfaith marriage, citing Law Number 1 of 1974 on Marriage, Human Rights, and Law Number 23 of 2006 on Population Administration. Similarly, when considering Maqāṣid Sharīa, marriage between individuals of different religions is not allowed, particularly in matters of Aqidah and Iman. This prohibition upholds the objectives of Islamic marriage law since the values obtained from the religion are not easily reconciled in the unions. According to the principles of Maqāṣid Sharīa, interfaith marriage should be avoided due to potential harm.

Women and Modern Families: An Analysis of Quraish Shihab's Perspectives

In modern families, Islamic values are increasingly eroded due to the challenges posed by the advancement of information and communication technology. In contemporary Muslim families, wives often work outside the home but still serve as the primary educators within the family. This article aims to elucidate the concept of a harmonious family in the context of modern life, according to Quraish Shihab. The research employs a qualitative method with data collection techniques based on a literature review, examining Quraish Shihab's thoughts through his works from 1996 to 2022, encompassing ten books related to family issues. The findings reveal that Quraish Shihab places significant emphasis on the role of women and family. According to his works, including "Perempuan" and "Pengantin Al-Qur’an," a harmonious family involves prospective spouses getting to know each other before marriage, having a lawful marriage contract in Islam, and ensuring the presence of a guardian during the marriage ceremony. Couples should support each other, exchange roles, and maintain good communication. Shihab also highlights the importance of women's roles in working and education in modern families, advocates for balanced marriage ages, and outlines the conditions under which divorce is permissible in Islam. These principles are highly relevant to the realities faced by modern families today.

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.

PERLINDUNGAN HUKUM TERHADAP HAK-HAK ISTRI KORBAN KDRT PASCA PERCERAIAN BERBASIS NILAI KEADILAN DALAM HUKUM ISLAM DAN HUKUM NASIONAL

This article examines the issue of forms of legal protection for the rights of wives of domestic violence victims based on the values of justice. This is because victims of domestic violence are increasing from year to year, even though there is a Law on the Elimination of Domestic Violence, this phenomenon still continues. Therefore, this issue is important to study in order to get a clear picture of the forms of legal protection that can be obtained by victims of domestic violence. The research approach is a qualitative approach with a normative juridical scientific approach, the data is in the form of secondary data sourced from statutory regulations and studies of Islamic jurisprudence literature. In the discussion it was revealed that: Firstly, the forms of legal protection in legislation are classified into: 1). Preventive action, namely a form of legal protection by clearly regulating the rights and obligations of husband and wife, this has been regulated in the Marriage Law and KHI. 1). Repressive action, namely a form of legal protection when domestic violence has occurred, then this falls into the category of criminal law where the perpetrator is threatened with a crime, this has been regulated in the 2004 Domestic Violence Law. Secondly, in Islam legal protection is more comprehensive, by regulating the laws between husband and wife, both laws relating to civil matters during and after divorce. Likewise, Islam clearly provides legal protection for victims of domestic violence, by enforcing hudud penalties for perpetrators of domestic violence.

Sanksi HukumTerhadap Pernikahan Melangkahi Dalam Adat Jawa Perspektif Hukum Islam

The focus of this research is the legal sanction for overstepping marriage in Javanese custom from the Perspective of Islamic Law in Labuhan Labo Village, Padangsidimpuan Tenggara District. The research method used is field research with a qualitative approach. .primary data sources, namely research data sources obtained directly from the original source in the form of interviews with the village head, traditional leaders and the community who received the sanction, there were 9 couples in Labuhan Labo Village, while secondary data could be in the form of books, journals, .as well as other supporting sites or resources.data collection technique that is by doing 3 methods in this study, namely by way of interviews, observation, and documentation. .The data analysis technique in this study is descriptive qualitative.The results of this study indicate that the legal sanctions for Steps in Javanese marriages in Labuhan Labo Village, Padangsidimpuan Tenggara District, namely sengadek (a set of clothes), carry out these sanctions when surrendering. .Thus there is the word of Allah in Al-Qur'an Surah An-Nur 32-33 and as for the conditions for marriage in Islamic law there is no condition for marriage until it is permitted by his brother, but because in Javanese custom it is a condition for marriage when you want to step over your brother nya, then society.apply these rules.

Unraveling Heteronormativity inside Colombian Family Law: Juridical Perspectives on the Economic Differences between Same-Sex and Opposite-Sex Couple Relationships

This research paper analyzes the sufficiency of the economic implications of couples’ relationships regulation for same-sex couples after both marriage and unmarried cohabitation laws were judicially extended on these family forms in Colombia. I start describing the existing regimes for these marital relationships in Colombian law and how heterosexuality and economic dependence are embedded inside the regulations’ origins and current developments. Then, I identify the categories that show slight differences between same-sex and opposite-sex couples like the likelihood of having children and its impact on caregiving distribution, the domestic tasks allocation and the existing gender differences in access to the labor market and the income disparity. Based on these differing features and a theoretical framework that warns about sameness discourses that obscure the differences between gay, lesbian, and straight families, I critically analyze some empirical studies conducted in Colombia that reveal existing differences between heterosexual and homosexual households. This analysis invites future research to gather the absent data in Colombia concerning same-sex families to bring proposals of legal interpretation and law reform that are better equipped for all family forms.

Prawo małżeńskie osobowe Drugiej Rzeczypospolitej na ziemiach wschodnich dawnego zaboru rosyjskiego

The article describes the problems facing the marriage law in the eastern parts of the Second Polish Republic. These issues are mainly due to the lack of codification of matrimonial law throughout the territory of the Republic of Poland and the fact that exclusively civil jurisdiction in matrimonial matters was not implemented, as it was envisaged in Lutostański’s proposal. The decisions of ecclesiastical courts led to the creation of substantially invalid marriages and the spreading of legal bigamy. Failure to observe state regulations concerning the jurisdiction of ecclesiastical courts in dissolution or nullity cases, as well as mutual non-recognition of judgments of the ecclesiastical courts contributed to the creation of areas called “divorce meccas”. These designations referred to the Eastern Orthodox and Calvinist Church existing in the eastern territories of the Second Polish Republic. Taking into account the above, the article is intended to compare factors destabilising marriage law in the areas in question. To analyze this issue, primarily the historical and legal method was used.

The Effectiveness of Marriage Dispensation Requests at the Religious Court of Palu

Dispensation to marry is a dispensation granted by the Religious Court to a bride and groom who are not old enough to enter into marriage for a man and woman who have not reached 19 (nineteen) years of age. If the two prospective husband and wife are both Muslims, then both of them can apply for marriage dispensation to the Religious Court. The formulation of the problem above is how the increase in applications for dispensation of marriage after the enactment of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 that occurred in the Palu Religious Court and what factors submitted applications for dispensation of marriage at the Palu Religious Court. The purpose of this study was to determine the increase in marriage dispensation at the Palu Religious Court and to find out what factors submitted to marriage dispensation at the Palu Religious Court. The research method used is empirical juridical. Based on the results of the study, there is an increase in marriage dispensation in the Palu Religious Court due to several factors, namely: pregnancy, fear/fear, economy, culture/custom, and arranged marriage these factors occur because there are no detailed rules on the Marriage Law regarding the reasons that can be submitted to apply for marriage dispensation, lack of public understanding of the impact of marriage dispensation, and lack of counseling from related institutions to provide comprehensive socialization to various places about the Marriage Law. Whether or not this Marriage Law is effective can also be influenced by several factors, namely: legal factors, law enforcement factors and related institutions, facilities and facilities, community factors, and cultural factors.

Canonical Marriage According to Stefan Wyszyński Based on Publications in “Ład Boży”

This article is an analysis of sixteen texts written by Stefan Wyszyński, founder and first editor-in-chief of the weekly “Ład Boży”, which were published in the author’s series “Ład w myślach”. Wyszyński published in-depth and thoughtful studies on ecclesiastical marriage law in the weekly, under various pseudonyms. The reason for this was the promulgation of the Decree of 25 September 1945 Marriage Law, which implemented compulsory civil weddings for all Polish citizens and legally permitted divorce. Wyszyński, using the teaching of the Popes, in particular Pius XI, and the Polish Episcopate, warned the Christian faithful of the dangers of ideologies striking at the institution of marriage, defended it and showed the way forward.

A Comparative Analysis of the Interpretation of Maturity Under the Law of Marriage across ASEAN Countries

Annually, child marriage endangers the lives and prospects of millions of youngsters. Despite regulations regulating the minimum age for marriage, this practice is prevalent and troublesome in several nations. Child marriage persists in several regions worldwide despite being disapproved upon in some civilizations. The present work aims to analyze the idea of maturity within the context of marital law. This study involves normative legal research utilizing philosophical, statutory, and conceptual approaches. The methods employed for analyzing legal materials are surveying, questioning, reading, reciting/recalling, and reviewing using logical reasoning. The investigation reveals that the idea of maturity in marriage legislation in countries including Indonesia, Malaysia, Brunei Darussalam, and Vietnam is mostly based on setting a minimum age for marriage, despite the fact that age may not accurately reflect a person’s maturity level.