Marriage Bond Research Articles

Child's Income Obligation after Divorce According to Shafi'i Sect

The purpose of marriage is to get offspring;the parents are burdened to finance the life of their children. Phenomenon that occurs in some societies,this precious purpose is ignored when the marriage bond is disrupted or even severed, children are no longer properly care the education and life sustenance was ignored, as if this is not a responsibility or obligatory,from this phenomenon the writer wanted to know more the view of fiqh Syafi’iyyah towards child sustenance after divorce.This is a qualitative research with the data analysis the researcher using analysis of content,the research results show that child sustenance who have no property or sufficient after divorce, in the view of fiqh al-Syafi’iyyah the sustenance still charged to the parents. But in the implementation the father and grandfather come first if they are not capable so the child sustenance which covers all life necessities is burden into mother.

Exploring Ruth 1:16–18 in the context of mother and daughter-in-law relationships in Igboland

This article read Ruth 1:16–18 in the context of mother and daughter-in-law relationships in Igboland. Literary analysis was adopted in this study. The literary construct of Ruth 1:16–18 was ranked amongst the Locus Classicus of Old Testament. This pericope celebrated Ruth’s vehement resolution to remain with Naomi, her mother-in-law, despite Naomi’s present hopelessness and slim prospect of the future. Ruth understood that by entering into marriage bond with Naomi’s son, she has also accepted to love and care for her and adopted her husband’s people as her own. The traditional Igbo society had similar cultural norms and values of respecting and caring for their elders. The finding of this study, however, disclosed that the wind of westernisation and modernity has negatively affected the extended family system that was the bedrock of mother and daughter-in-law relationships in Igboland. This article argued that the hermeneutical relevance of Ruth 1:16–18 will help in strengthening mother and daughter-in-law relationships in the modern Igbo society. Intradisciplinary and/or interdisciplinary implications: The literary construct of Ruth 1:16–18 was ranked amongst the Locus Classicus of Old Testament. This pericope celebrated Ruth’s love and determination to remain with Naomi, her mother-in-law. The text of Ruth 1:16–18 was studied in the context of mother and daughter-in-law relationships in modern Igboland. Disciplines implicated were Old Testament exegesis and contextual biblical hermeneutics.

The Application of Article 53 of KHI (Islamic Law Compilation) Regarding Pregnant Marriage in Lottery Marriage

Pregnant marriagebecomes a phenomenon that is still happening in Indonesia and is even one of the most significant contributors to the reason for the dispensation of marriage. In Parangdistrict, Magetan Regency, pregnant marriage is also one of the solutionsfor a case in which many women get pregnant without a legal marriage. Pregnancies were not initiated from sexual intercourse between a man and a woman but were carried out by many men, so the model of determination was by lottery. Furthermore, this article will analyze the pregnant woman who is married to a man who does not impregnate her and the child's status according to article 53 of KHI. In article 53 KHI, no line explicitly explains the permissibility or prohibition of a pregnant woman to marry a man who does not impregnate her. Still, many interpret that this is not allowed.Meanwhile, a legitimate child in KHI is a child born during a legal bond. So, when DNA testing proof or the like is not done to see the legality of the child, then this child is still considered a legitimate child by both of them because they were born in a marriage bond. In sum, a pregnant marriage in a lottery marriage with a man who does not impregnate the woman has many sides of ambiguity. So, there must be a revision of article 53 and article 99 of KHI.

Manifestation of Gender Injustice in Households Amidst the Pandemic

The marriage bond was fostered for the realization of sakinah family. However, not all Households life runs harmoniously. When the COVID-19 pandemic hit, it not only disrupted the stability of the country, health, but also disrupted the stability of the family. Divorce phenomena and factors that occur in amidst the pandemic arise due to a crisis of trust, disputes, domestic violence, rooted in the economy. Apart from that, there are other factors; age of marriage, age of the couple (person), economic independence and education. The total number of cases that went to the Sungailiat Class 1B Religious Court 2020; 219 divorce cases and 607 divorce cases, total of 826 cases. While divorces have been declared terminated by the Religious Courts as many as 203 divorced divorces and 538 lawsuits, a total of 741 cases. This research aims to determine the phenomena of divorce in the Class 1B Sungailiat Religious Court 2020, to determine the factors that cause divorce in amidst the pandemic, to determine the manifestation of gender injustice in household and to find out how to build a sakinah family. The theory used; Gender Differences (Mansour Fakih). This research is included in non-statistical (qualitative) field research. While the data obtained are described according to the facts from primary data and secondary data, by using semi structure interview and documentation

Relasi Gender Pada Perkawinan Antar Etnis: Studi Kasus Perempuan Minangkabau

Gender relations on inter-ethnic marriage (Minangkabau Women's Case Study). Inter-ethnic marriage in Indonesia is a strategy in strengthening the integration of the nation in the modern era. Minangkabau as one of the big ethnicities is included on thissocial facts. One of the driving factors is merantau tradition. The culture of merantau allows Minangkabau people then interacts with various ethnicities and nations. Meanwhile, women in Minangkabau have a special role because they adhere to the matrilineal kinship system. They can carry out marriage with ethnicity and other tribes outside Minangkabau and maintain their traces at the same time. This cultural factor strengthens marriage patterns and affects the family formation process. The attitude of women in inter-ethnic marriage relations also plays a role in solving problems in the family. This paper discusses how Minangkabau women's strategy in inter-ethnic marriage relations in Indonesia? What factors affect Minangkabau women in choosing a partner who comes from outside the tribe? The research method used is qualitative by using the framework of the theory of feminism on the freedom and separation of the realm of Public and Private. Research uses Minangkabau women's samples who carry out marriage with the Batak, Java and Sundanese tribes that have been going on for more than ten years. The results of the study found that Minangkabau women could play an active and independent role in inter-ethnic marriage bonds. This attitude is in line with the views of feminism who emphasize freedom in choosing and acting, and the absence of separation between public and private spaces .

Penerapan Pemberian Hak Asuh Anak Belum Mumayyiz kepada Ayah dalam (Studi Kasus Perkara Nomor 2887/Pdt.G/2017/Pa Js)

This study entitled the application of mumayyiz (maintaining and educating children to adults or able to stand alone) child custody rights to fathers. The formulation of the problem in this study are: (1) How is the arrangement of custody of children to children not yet mumayyiz in the Islamic Law Compilation? (2) Does the Compilation of Islamic Law also regulate the granting of unmumayyiz child custody to the father after the divorce? (3) How is the application of the provision of child custody rights to the father in case Number 2887 / Pdt.G / 2017 / PA JS? This research method is Normative Law. legal research is a method that examines document studies, namely using various data such as court decisions, legal theory, legislation and the opinions of scholars in the research location. Data were analyzed using descriptive analysis method. The results of the study show that the regulation and legal basis regarding granting custody of children is not yet mumayyiz to the father which is a marriage bond between a man and a woman, but on the way to fostering a household it has broken based on the Court's decision in 2015, from the divorce has given birth. two children who are not yet mumayyiz. The occurrence of a lawsuit for child custody has not yet been filed with the Court. Where the main point of the dispute between the Plaintiff and Defendant is regarding child custody based on the provisions of Article 49 paragraph (2) number 11 of Law Number 7 of 1989, as amended by Law Number 3 of 2006 and Law Number 50 Years 2009 jo. Article 156 letter e Compilation of Islamic Law, this case is the absolute competence of the religious court. Previously the Panel of Judges had attempted to reconcile the Plaintiff and Defendant, as well as the mediation process was carried out, but it was unsuccessful, and the parties had two witnesses who gave testimony during the process. the trial which has a proof value is independent (vrij bewijs kracht). From the hadil of the research, the stages of handling cases of child custody have not been mumayyiz which decided that the child custody falls to the father to guarantee a sense of security, peace.

Sanctified Sexual Relationships in Marriage: Reflections from Religious Wives and Husbands

Background Religion and sex are both prominent elements of most people's lives. Most adults view both religion and sex as quite important in their lives. However, some research indicates that religion may negatively impact individuals’ perspectives on sex. Purpose We examined highly religious individuals’ spontaneous comments of the role of religion and sex in their lives and looked for themes in how sex and religion may be associated. Methods We conducted in-depth, qualitative interviews using a racially and ethnically diverse sample consisting of Muslim, Christian, and Jewish families comprised of 198 married heterosexual couples based on conjoint interviews with the husbands and wives. Couples were in long-term marriages (average 20 years) were interviewed together when most (93%) were in their 40s and 50s in 2001–2010. The topic of the nexus of religion and sexual relationships was not on the interview questionnaire but still surfaced in many of the interviews. Results We analyzed participants’ comments related to sex and found six themes that revealed these religious families’ perspectives on the purpose of sex, including: 1. The sanctity of sex; 2. The expression of sex is limited to marriage; 3. Sex strengthens the marriage; 4. Sex is for procreation; 5. Sex is just one component of a strong marriage; and 6. Religious beliefs can be damaging. Implications and applications are discussed. Conclusions and Implications This study also illustrates that how individuals, marriages, and families interpret and apply the teachings of their respective religion may have more to do with the influence of religion than their particular denomination or their religious attendance. Sexuality was viewed as a covenant, a higher purpose, a form of worship, or even a way to make God happy, but only within the bonds of marriage. Couples identified their sexual relationship with Godly characteristics and this provided a sense of power and sanctification. These findings may provide needed insight to religious couples about how and why sex and religion blend or create conflict.

Responsibilities of Parents to Children After Divorce According to Presidential Instruction Number 1 of 1991 Perspective of the Compilation of Islamic Law

Compilation of Islamic Law, in reality, often an unhappy family or household life occurs. The condition of the marriage is so bad, that from any point of view, it is better to break the marital relationship than to continue it. This means that although marriage is a "very strong agreement (Mitsaqon Ghaliidhan)" that binds physically and mentally between husband and wife, the marriage bond can be broken if husband and wife decide it, because both parties have the right to break the agreement. This is the focus of the author's research, namely the responsibility of parents to children after divorce according to Presidential Instruction No. 1 of 1991 from the perspective of KHI. What are the inhibiting factors for parents who do not carry out their obligations to children after divorce. The method used in this study uses a qualitative descriptive method. Based on the results of the study, the authors conclude that the responsibility of parents to children after divorce in Presidential Instruction Number 1 of 1971 concerning the perspective of compiling Islamic law is still contrary to the law. There are still many parents who have not met the needs and support for their children due to several inhibiting factors. The inhibiting factors are a) Lack of good communication from both parents after a divorce, b) Weak economy, c) Lack of religious knowledge in the family, and d) Distance between children's homes and parents after divorce and especially economic factors which are the core parent problems.

Parenting Rights After Divorce Positive Legal Perspectives and Islamic Law (Study of Lawang Agung Village, Kedurang District, South Bengkulu)

Humans are destined to live in pairs, which then the relationship between a man and a woman is bound in a marriage bond. It is based on Article 1 of Law Number 1 of 1974 concerning Marriage (Law No. 1 of 1974). This type of research is a qualitative approach. This type of research is categorized as field research, namely research carried out in the arena or field of the occurrence of symptoms. This study uses the correlation method, namely the method by connecting the selected and explained variables and aims to examine the extent to which the variables in one factor are related to other variables. 3. Child custody due to divorce according to law Positive views on child custody cases are not only a dispute between the interests of the plaintiff and the defendant but especially the interests of the child itself. The child in this case is a small child who is not yet mumayyiz (not yet 12 years old), then the interests of the child are considered to be the realm of public law, meaning that they are in the interests of the community and the state.

Deciphering meanings embedded in the cultural ornaments of Guji Oromo women of Southern Ethiopia

This study is aimed at deciphering meanings embedded in the cultural ornaments of Guji Oromo women of Southern Ethiopia. Relevant data were collected through observation, interview, and focus group discussion which involved 30 participants. The data were analyzed thematically following the analytical framework of material culture theory. Results of the study reveal that, in addition to their beautification purpose, cultural ornaments of Guji Oromo women communicate meanings related to personal status, social identities, and the rights and privileges of the wearer. Cultural norms and restrictions govern the ornamentation practice of Guji women. Such practice of ornamentation shows the deep-rooted indigenous wisdom of the Guji society in promoting important cultural values such as virginity, marriage bond, and personal success while discouraging unacceptable practices such as sex before marriage and gender-based violence.

Kedudukan Hukum Anak Astra dalam Hukum Waris Adat Bali Setelah Orang Tua Biologisnya Kawin Sah

The legal position of Astra's children in Balinese traditional inheritance law after their parents are legally married will follow their father. Many are found in community life, the incidence of children born to women who are not yet in a legal marriage bond so that it can cause problems. This study aims to explain the legal position of Astra's children after the enactment of Law Number 1 of 1974 concerning Marriage and to describe the inheritance rights of Astra's children in Balinese customary law after their biological parents are legally married. This study used normative research by examining the prevailing laws and regulations by relating the realities in the field, in this regard, of course, the right approach is the Legislative Approach. The legal materials used were primary and secondary legal materials. Furthermore, the collected legal materials are processed and analyzed using systematic interpretation analysis techniques. The results showed that the position of Anak Astra after the enactment of Law no. 1 of 1974, legally only has a civil relationship with his mother and his mother's family. The rights of Astra's children in Balinese customary law After their biological parents get married legally in Bali, it is after Astra's child is born in a legal marriage that his rights and status are according to his father (purusa).

Implications of Unregistered Marriage for Women: Profitable or Detrimental

In Islam, marriage is a form of worship recommended by the Prophet Muhammad, so that the law is Sunnah. Marriage is something very sacred where a man and woman are united by a marriage bond and become a couple as husband and wife. Marriage is declared valid if it is carried out following religious law. In Indonesia, exist the term unregistered marriage. However, Indonesia's law considers marriage invalid if the KUA institution does not register the marriage even though it has carried out a marriage procession according to its religious law. This certainly has implications, both positive and negative, for couples, especially women. This is a normative legal research. The result of this study is it can be concluded that unregistered marriage is very detrimental to womenKeywords: Unregistered Marriage, Law, Detrimental

“Thou maiest inforce my body but not mee”: Racializing Consent in John Marston’sThe Wonder of Women

“Thou maiest inforce my body but not mee”: Racializing Consent in John Marston’s<i>The Wonder of Women</i>

PELAKSANAAN ISBAD NIKAH DAN DISPENSASI NIKAH DI KOTA PADANG

Marriage is a marriage bond (contract) carried out in accordance with the provisions of Islamic law and teachings. Meanwhile, marriage is a marriage ceremony that is identified with the consent and kabul process. Literally, marriage is a sacred bond and is carried out by a combination of religious and state regulations. In order for the marriage bond to have legal certainty administratively, the marriage has been regulated in law. With the enactment of these rules, marriages that are not in accordance with the law cause their own problems in society. Especially about unregistered marriages and early marriage or marriages by minors.

Kedudukan Ahli Waris Pengganti (Plaatsvervulling) Dalam Memperoleh Harta Waris Menurut Hukum Islam

Introduction to the Problem: Substitute heirs have problems in the form of their implementation in Islamic Law which is rooted in the unclear existing rules, this is based on the status of the successor heirs in obtaining inheritance rights from heirs who have died are not known in the type of inheritance distribution. In Islam, as the successor heir still has direct blood ties (nasab), siblings, and partners in the marriage bond (husband / wife) of the deceased heirs. know clearly and completely, regarding the position of a substitute heir fundamentally in obtaining the inheritance obtained from the rights of a person who has died. Design / Methodology / Approach: Through KHI as tangible as Presidential Instruction No.1 of 1991 contains provisions regarding the position of the successor heirs, so that it becomes the basic instrument for the author in determining legal rules and forms of legal rules for replacement heirs in terms of distribution of appropriate inheritance with Islamic law. Findings: In their existence incapable of not being able to provide a more detailed form of clarity regarding the position of the successor heir which has the character of "Uncertainty" because it contains Tentantive elements and does not provide an absolute position for the successor heirs. Type: Research Articles

HAK DAN KEDUDUKAN ANAK LUAR NIKAH YANG DIAKUI TERHADAP WARISAN TANAH DITINJAU DARI HUKUM PERDATA

This writing is done with the aim of knowing how the provisions of children outside of marriage are recognized according to the Civil Code (KUHPerdata) and how the rights and positions of children outside marriage are recognized as inheritance according to the Civil Code. By using the normative juridical research method, it can be concluded that every child born outside of a legal marriage bond is a child outside of marriage. Based on the provisions of the Civil Code, children outside of marriage are deemed not to have any legal relationship with their parents if there is no acknowledgment from the father or mother, thus if the outside child is recognized and followed by the legalization of the child from the parents, then he or she can inherit the inheritance from the parent. admit it, and of course the distribution of inheritance based on law. Based on the Marriage Law, namely Law Number 1 of 1974 (Article 43 paragraph (1)), even illegitimate children who are not recognized automatically have a civil relationship with their mother and their mother's family. The rights and position of out-of-wedlock children in relation to the inheritance of the parents who admit it on the child legitimacy are basically the same as the legal children. The recognized and legalized illegitimate child is truly an heir who has the same rights as a child born in a legal marriage. Judging by civil law, the distribution of inheritance has been determined based on the groups of heirs.

Sumando Inheritance to Natal Muslim Community, Mandailing Natal District (Comparative Study of Islamic and Customary Law)

Sumando is the joining of a husband to his wife’s family after the marriage. In the Natal District community system, a marriage bond will create inheritance. The difference is, the distribution of inheritance is carried out based on custom where women are the heirs. Daughters as the successors of descendants receive honor in various customary events, including in the distribution of inheritance. If this is viewed from the Islamic inheritance law system, this surely seems contradictory. This is because in Islam, the share of men heirs is twice as much as that of women. This research was a descriptive analysis with qualitative methods. This research showed that women in Sumando society are prioritized to get inheritance, but men were also if the inherited property was in the form of money, not goods. The Sumando indigenous people of Natal District still upheld the matrilineal system. Meanwhile, the distribution of inheritance based on Islamic law was patrilineal-martilineal. This meant that men and women have the right to inherit according to the provisions of their respective sections.

Assessment of Teenagers Academic Performance Failure under Disintegration Family at Secondary Schools in AL-Najaf AL-Ashraf City \ Iraq

ABSTRACT: Background: Disintegration family it is the family under separation, divorce, the death of one or both parents. It is the legal termination or dissolution of the marriage bond that has been concluded between the husband, the wife and by a judgment issued by a court of competent jurisdiction or according to a law issued by the legislative authority. Aims of the study: determination of disintegration family among secondary school adolescents, assess secondary school's adolescents' number of failure years, determine the impact of disintegration family on adolescents' number of failure years, and to find-out the relationship between adolescent's number of failure years under disintegration family and their socio-demographic characteristics of gender, age, family type, parent's education levels, and socio-economic status.

Marital Beslag Outside Divorce Lawsuit in the Maqashid Syari’ah Perspective

The law of marriage seeks to protect joint property in the marriage bond with the hope that a quality family can be formed without any problems. Rules in law provide various reasons for formal legal guarantees for the protection of joint assets. This reason also does not escape the view of Islamic law through maqashid syar'iyah. This paper uses a normative approach. The focus of the problem in this paper is the objective of applying marital beslag outside of a divorce suit from the viewpoint of maqashid syar'iyah. The results showed that the provisions for marital beslag outside of a divorce suit were intended to maintain human needs from the financial aspect of the family that could sustain the family. In this context, protection of property helps maintain relationships between individuals (families) through the meaning contained in the text, where confiscation contains an element of family care which is also the goal of the maqasid.

Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina

Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.