Marriage Contract Research Articles

Analysis of the Impact of Contract Marriages on Tourism in Bogor Puncak

Continuing against the phenomenon of contract marriages and formulating policies that support tourism sustainability. This monitoring may involve collaboration with various parties, including authorities, public figures, and local tourists. The implementation of policies that support the sustainability of tourism at the Bogor Summit has some implications. First, tourism sustainability can enhance the image of a destination as a safe and quality place. It can attract travelers who are looking for a positive travel experience and reduce the negative impact of the contract marriage phenomenon. Moreover, policies supporting public education about contractual marriage risks can help mitigate this practice. Increased public awareness can prevent contractual marriages and promote values that are consistent with applicable social and legal norms. Tourism development focusing on cultural and natural wealth can also provide attractive alternatives for tourists. By attracting tourists to natural and cultural attractions, local governments can reduce reliance on contractual marriage practices as a major attraction. Overall, the implementation of policies that focus on tourism sustainability can have a long-term positive impact. It can not only boost the local economy through sustainable tourism but also strengthen the social and cultural integrity of the Bogor Puncak community. Bogor Puncak, as a popular tourist destination, faces serious challenges related to the phenomenon of contract marriages. Although these practices provide temporary economic contributions, their negative impact on the social, moral, and image aspects of tourism cannot be ignored. The authorities need to take effective action to address the negative impact. The study provides an in-depth overview of the phenomenon of contract marriage in Bogor Puncak, considering a wide range of perspectives, ranging from tourism, and legal, to social aspects. The study's results identify the positive and negative impact of contractual marriage, its prevalence, trends, and legal perspective in Indonesia. The proposed policy recommendations and implications aim to address the negative impact of contract marriages and support the sustainability of tourism in Bogor Summit. Public education, clear regulations, and sustainable tourism development are key steps that the authorities can take. By implementing a policy focused on tourism sustainability, it is expected that Bogor Puncak will retain its image as an attractive and quality destination, as well as provide sustainable economic benefits to local communities.

Some Aspects of Understanding the Contract

The contract as a complex, multifaceted category is used not only in jurisprudence, but also in other doctrines, teachings, and in the direct practical activities of various subjects. At the same time, if viewed from a legal point of view, the contract (as a certain agreement that meets specific criteria) permeates almost all spheres of public relations under the influence of law. The contract occupies a significant place in the regulation of relations under the influence of private law norms. The concept of a contract is repeatedly disclosed by the legislator in various normative legal acts. However, even within the framework of one branch of law (for example, civil law), the mention of a contract may be disclosed in various senses. Doctrinal points of view also reveal a wide range of multiple approaches to understanding the treaty. This circumstance indicates the absence of a single clear understanding of the contract neither in the law nor in the doctrine, which causes some problems in the framework of law enforcement activities. The goals and objectives of the study are to identify legislatively defined and doctrinal positions regarding the concept of a contract (legal and individual). The study was conducted using a comparative legal method, which made it possible to study the position of the legislator regarding the concept of contract in such branches of law as civil, labor, family, etc. In addition, formal logical and systematic methods were used in the work. The result of the study is a brief comparative legal analysis of the provisions of legislation containing norms on the regulation of legal relations between the parties through a contract. The legislator has not clearly expressed his position on the legal nature of individual contracts (in particular, employment and marriage contracts), which gives rise to their ambiguous interpretation, causing difficulties in law enforcement.

The Position of the Marriage Covenant in Positive Law and Islamic Law

This study was to determine and analyze the position and legal consequences of marriage agreements in positive law in Indonesia the method of this study is normative jurisprudence that examines the legal regulations through a literature study which is then analyzed and described in the results of research the results of the study revealed that the agreement made before marriage has a position that the, and KompilasiHukum Islam, this marriage agreement is made for the sake of legal protection of the property of each, husband or wife.As a result of the law of the marriage agreement on marital property, the togetherness of marital property is limited in accordance with the marriage agreement, in addition to the existence of legal protection against the ownership of property in marriage for the husband or wife, the marriage agreement must not violate or conflict with public order, morality, law and religion. The marriage contract is valid at the time or since the marriage took place. The agreement in principle should not be changed after the marriage took place.

Mistake in the Character of the Parties in Marriage Contract and its Impact on Afghan law

Mistake based on Article 562 of the Civil Code, that is considered as a defect of will in contracts, is also of special importance in marriage. Mistake in a marriage contract is a wrong perception of the fact that one of the parties to the contract is related to the physical, civil, or character identity of the other party; Therefore, it is considered necessary to investigate the mistake in the marriage contract and its impacts. In the present research, an attempt has been made to study, using the library method, document productivity and in a qualitative, descriptive and analytical way, the mistake in the character of the parties to the marriage contract and its effects in the legal system of Afghanistan; Therefore, the answere of the question is, whether the wrong perception of reality harms the validity of the marriage or not and what impacts does it have? The findings of the research show that the mistake in the marriage and its effects are as following: the mistake in the physical and civil identity, which forms the basis and foundation of the marriage, disrupts the nature and centrality of the marriage and causes the marriage contract is nullity. A mistake in the basic attributes, which is caused by the mistaker himself or in the form of manipulation, constitutes an important part of the marriage, and creates the right of termination for the mistaker. A mistake in the direction and motivation does not affect the validity of the marriage contract

Marriage agreement and inheritance agreement: comparative legal analysis

In the scientific article the author conducted a comparative legal analysis between a marriage contract and an inheritance contract. The concept, legal nature, peculiarities of concluding and terminating a marriage contract and an inheritance contract were investigated.
 The possibility of contractual regulation of civil and family legal relations is defined in the family and civil legislation. According to the Civil Code of Ukraine, the parties have the right to regulate their relations in the contract at their own discretion and may depart from the provisions of acts of civil legislation (Article 6 of the Civil Code of Ukraine). The Family Code of Ukraine defines the participants in family relations who can regulate their relations by agreement.
 The Family Code of Ukraine and the Civil Code of Ukraine clearly regulate the marriage contract and inheritance contract, the doctrine has sufficiently extensively researched the issue of the essence of these contracts, however, in the article we will focus on identifying the common and distinctive features characteristic of these contracts.
 As a result of the relationship between the marriage contract and the inheritance contract, we will highlight common features: the principle of freedom of contract applies to the conclusion of contracts; when concluding a contract, the parties create rights and obligations for themselves; married couple may be a party to a marriage and inheritance contract; the subject of the contract is joint and personal partial ownership. Distinctive features are that, in addition to the spouses, the marriage contract can be concluded between the married couple, and according to the inheritance contract, the alienator, in addition to the spouse, of one of them, can be another person, and the acquirer can be a physical or legal entity; the form for both contracts is provided in writing and is subject to notarization, however, additionally, the inheritance contract is subject to state registration in the Inheritance Register in order; the content of the studied contracts is significantly different, as they generate different legal consequences for the participants of the legal relationship.

The Necessity of a Standard Prenuptial Agreement for American Muslims

For many Sunni Muslims in the U.S., one of the most important documents in their life might be a marriage contract that unintentionally contains an impermissible amount of gharar (uncertainty). There are seldom disputes when contracts go smoothly, even if gharar is present, but when there are disagreements, it is a cause of major strife. If two Muslims get married, they usually perform a nikāḥ (Islamic marriage contract/ceremony) and then sign a civil marriage contract in their state of residence. Although it would seem that the nikāḥ would imply certain terms for dissolution perhaps based on a classical school of Islamic law or contemporary ijtihād (juristic reasoning) adjusted for modern times and circumstances, the actual authority belongs to a non-Muslim judge and legal system. Does this legal system have a moral right over Muslim marriage contracts in this country, or is the use of such a court an un-Islamic infringement on the other party’s rights and therefore a violation of God’s law? This author recommends couples should explicitly discuss this issue prior to marriage and proposes a standardized prenuptial agreement to minimize unnecessary disputes.

The Association of the Bride and Groom After Performing Khitbah and the Role of Parents in It


 
 
 Before proceeding to marriage, there are stages that can be taken before the marriage contract is carried out, one of which is the sermon (engagement), which is to prepare for the future marriage process, which is not legal according to Islamic law, but aims to find out the personalities of both parties. This article aims to explain how the bride and groom interact after performing the sermon and the role of parents in it in Islamic family law. The interaction between the bride and groom which gives rise to various interactions that require regulation is called an-nizham alijtima'i. This system essentially regulates interactions between two opposite sexes (men and women) and regulates various interactions that arise from these interactions. The data collected comes from articles, journals, books and working papers. The results of the research are that the engagement period is not the same as the period after marriage. In principle, during the engagement period, there are no legal consequences like husband and wife. During this engagement period, it is only for ta'aruf (introduction) between the two parties and preparations before the wedding, that is why in social relations you must prioritize Islamic ethics, therefore the prospective bride and groom are still the responsibility of their respective parents. each in terms of the relationship between the two.
 
 

The Practice of Ṣiḥah Marriage among the Rifa'iyah Congregation in Sociological and Islamic Marriage Law Perspectives

This article examines the practice of repeating marriage contracts (ṣiḥah marriage) among the Rifa'iyah Congregation in Wonocoyo Village, Wonoboyo, Temanggung, Central Java. This repetition was carried out by Rifa'iyah Kiyais as representatives of female marriage guardians to perfect the marriage contract which had been carried out previously in the presence of officers from the Office of Religious Affairs (KUA). This research is classified as qualitative field research using a sociological approach. The aim is to examine this social phenomenon from the perspective of Social Construction theory and the perspective of Islamic Law. This research found that the practice of ṣiḥah marriage among the Rifa'iyah congregation of Wonocoyo Village was formed through several stages, namely: the externalization stage, the stage of conveying the practice of ṣiḥah by Rifa'iyah Kiyais, the objectification stage, the stage of forming objective reality, and the internalization stage, the stage of absorption of the objective world into the individual consciousness of the Rifa'iyah Congregation. In the view of Islamic Marriage Law, the practice of ṣiḥah by the Rifa'iyah congregation is similar to tajdīdun nikāḥ (renewal of the marriage contract) which, according to Jumhur ulama', is permissible simply because of ihtiyāth (caution).

The Legitimacy of Marrying a Pregnant Woman from the Perspectives of Islamic Scholars and Legislation in Indonesia

Shotgun marriage is a serious issue that has recently become increasingly common in society. Some men who impregnate women take responsibility and are willing to marry them, while others run away and shirk their responsibility. While some men are willing to marry women who are already pregnant, the perception still exists in some parts of society that those couples must remarry after the children are born and that the children cannot be traced back to the fathers who acknowledge it. This present study aims to answer the following question: what is the legitimacy of marrying a pregnant woman according to Islamic scholars and Indonesian law in the maslahah method? The results of the study reveal that according to Abu Hanifah and his student Muhammad, it is permissible to marry a pregnant woman if the one who marries her is the man who impregnated her. However, the marriage of a pregnant woman to a man who did not impregnate her is still a matter of debate. According to Abu Hanifah and Muhammad, it is permissible, but the man should not have intercourse with her until the child is born. According to Abu Yusuf and Zafar, it is not permissible to marry a woman who is pregnant as a result of zina (fornication) with another man because it is likened to pregnancy without zina. Imam Malik does not allow the marriage of a pregnant woman because of zina and considers such a marriage to be invalid, and the woman must undergo the iddah (waiting) period. Imam Shafi'i, on the other hand, considers shotgun marriage to be valid, regardless of whether the man who marries her is the one who impregnated her or not, and it is permissible for him to have intercourse with her even though she is pregnant because the presence of the fetus does not invalidate the marriage contract. According to the Hanbali scholars, marrying a pregnant woman is not valid unless two things have been done: she has repented and she has waited out the iddah period. Article 53 of the KHI (Kompilasi Hukum Islam/The Compilation of Islamic Law) states that a woman who is pregnant outside of marriage can be married to the man who impregnated her, and the marriage can be solemnized without waiting for the child to be born. However, the KHI should also add a phrase about a man who marries a pregnant woman who is not the one who impregnated her. This permissibility does not mean condoning zina but rather accommodating the interests of Indonesian society, which is in line with the opinion of Imam Shafi’i.

Exploring the monogamy principle in the Samin community’s customary marriages in Kudus: Harmonisation of tradition and state law

This article explores the practice of monogamy in customary marriage within the Samin community in Larikrejo Village, Kudus, rooted in the principle of “bojo siji kangge saklawase”. The uniqueness of this customary marriage practice is evident in the reflection of the values of Samin society, passed down through generations by their ancestors. Its significance becomes more pronounced considering the prevalence of polygamous practices in customary marriages across various regions of Indonesia. Despite the allowance of polygamy within certain limits by state law, the Samin community chooses to uphold their customary marriage traditions. This article presents the findings of field research involving four key informants and direct observations of customary marriage practices as the primary source. The research reveals that the practice of monogamy within Samin community marriages reflects the embodiment of the “bojo siji kangge saklawase” principle, manifested through a solemn pledge to one wife made by prospective grooms during the paseksen stage, the final step in the customary marriage ceremony following nyumuk (betrothal) and pasuwitan (marriage contract). The obligation to make this pledge aims to prevent potential conflicts within Samin families. This monogamous practice aligns with the principles of monogamy and the objectives of marriage in state law, creating harmony and stability within the family institution. This study provides in-depth insights into the unique relationship between local values and state regulations amidst the challenges of modernization and ongoing social changes.

Mbesan Wedding Tradition in Banyumas, Banjarnegara, Cilacap and Purbalingga (Study of Culture and Religion)

This article wants to reveal the phenomenon of wedding traditions that exist in the Karisedenan area of Banyumas (Banyumas, Banjarnegara, Cilacap and Purbalingga). This wedding tradition in called mbesan. In practice, this mbesan tradition before holding a wedding ceremony at the bride’s house (reception), there is an event such as praying for the bride and groom before sailing the ship of the next life. The mbesan tradition is carried out at the groom's house, but the two brides do not yet have a marriage contract. The purpose of writing this article is to inform the public that Indonesia is rich in traditions, one of which is the mbesan tradition which is the hallmark of the Banyumas area and its surroundings and the impact of this mbesan tradition. The method used in this research is qualitative with phenomenological, sociological and cultural approaches. The results of this study found that in the mbesan tradition which has become the customs of the people of Banyumas, Cilacap, Purbalingga and Banjarnegara there are sides that are not in accordance with Islamic teachings because in practice the bridegroom and bride carry out the event at the groom but both have not yet carried out the marriage contract.

Peran Pendidikan Agama Islam Terhadap Tradisi Pingitan Pernikahan Di Desa Pangkalan Batang Bengkalis

The purpose of this study was to determine the role of islamic religious education in the Javanese Traditional Wedding Bride Pingitan tradition. As for this study using qualitative methods, by taking a normative approach. This research can also be categorized as field research, and is a continuation of descriptive research that aims not only to describe certain characteristics. But also analyze and explain why or how it happened. The data criteria obtained are primary and secondary data. Data collection techniques used are observation, interviews, documentation, and literature study. From the results of the research that the author did, the pre-wedding traditional wedding bride pingitan is, women or prospective brides are prohibited from traveling, leaving, the house or meeting future husbands from the specified time until the marriage contract takes place in order to avoid distress. This tradition and some people consider it irrelevant to apply it today. This tradition basically does not conflict with islamic law because it is in accordance with what has been prescribed by islam in practice.

Struktur Pertunjukan Tari Tor Tor Naposo Nauli Bulung dalam Acara Pesta Perkawinan di Sawah Mudik Kabupaten Pasaman Barat

The purpose of this study is to reveal and describe the structure of Tor Tor Naposo Nauli Bulung dance performance at a wedding ceremony in Sawah Mudik, West Pasaman Regency. This type of research is qualitative research with descriptive methods. The researcher's own research instruments and aids such as pens and cameras. Primary data and secondary data were used in this research material. Data were collected through literature study, observation, interviews and documentation. The stages of data analysis are data collection, data presentation and conclusions. The results proved that the structure of the Tor Tor Naposo Nauli Bulung Dance performance at the wedding party in Sawah Mudik consisted of movement, floor patterns, music, clothing, makeup and performance venues. Tor Tor dance consists of four movements, namely: Pangurdot movement, Pangegal movement, Pangeal movement and Pangurdot movement. The floor pattern of the Tor Tor Dance is round and straight. Musical instruments use traditional musical instruments such as gondang, flute and trumpet. Tor-tor dance clothes with the head facing outward, the outside is a typical and traditional fabric of the Batak tribe. The dominant colors of the outer fabric are red, black and white, decorated with various gold or silver threads. Tor-tor dance makeup wears beautiful makeup. The place where the tor-tor marriage contract dance performance takes place in front of the bride's house, where a special tent has been set up for the performance of the tor-tor dance, The use of Tor-tor dance in the Jorong Sawah Mudik community is as a means of entertainment, a sign of respect for elders, so that all people know that the bride and groom have been released and are not on the members of naposo nauli bulung (young men), bow down and beg for affection to the person who is le.

The Effects of Mutatis in Contracts and Unilateral Legal Acts and the Evidence for the Validity or Invalidity of a Mutatis Sale

The Mutatis transaction is one of the important and essential jurisprudential issues that is common among people and remains a subject of concern in human society. Familiarity with it and adherence to its jurisprudential rules is a step towards improving the economic structure of society. A sale may be carried out by employing the sale formula and verbalizing the offer and acceptance, where the seller declares the offer with the phrase "I sold" (ba'tu), and the buyer declares their acceptance using the phrase "I accept" (qabiltu) or similar expressions. However, it is also possible for both parties, despite being able to use the aforementioned formula, to engage in the exchange of goods without verbally articulating the terms. This latter form is called Mutatis, and in this sale, as in a verbal sale, "the transfer of ownership of the object in exchange for a known consideration takes place." As a result, the above definition encompasses both verbal and Mutatis sales. Martyr Thani (Shahid Thani) states in Masaalik that any transaction that does not have a specific formula, whether the mutual consent is derived from an action or verbal expression, will be considered a verbal contract. The opinion rejecting the validity of this type of sale had many proponents among early Imami jurists, but over time, this view has diminished to the point where today, it is difficult to find its supporters. Those advocating for the validity and conclusion of a Mutatis sale base their argument on sources such as the Qur'an, Sunnah, consensus (ijma), and the rule of lifting hardship (qa‘idah rafa‘ al-haraj). Today, few jurists reject the validity of Mutatis in exchange contracts. Legally, there is no difference in the manner of declaring intent, whether by words or non-verbal expressions of offer and acceptance. In contrast to the discussion of Mutatis in exchange contracts, this topic remains contentious in marriage contracts. Martyr Thani, along with most jurists, does not consider Mutatis to be valid in marriage contracts, and there is consensus on this matter. The Civil Code, influenced by the prevailing juristic opinion, also requires verbal offer and acceptance in marriage contracts.

Get it In Writing: Contracts in Moll Flanders

Abstract: This essay argues that Moll Flanders learns through experience to prefer entering into written, rather than verbal, marriage contracts, regardless of either type of contract's enforceability. It draws upon contract theories that emphasize relationship building as opposed to establishing the groundwork for future litigation to explain why Moll prefers written to verbal contracts. I also analyze several episodes in Moll Flanders in order to demonstrate that Moll learns through experience that written contracts are a pragmatic means of asserting herself, building relationships, and articulating the terms of her relationships. Writing slows down the contracting process and compels Moll's partners to listen to her, process her words, and respond to them thoughtfully and deliberately. The more prolonged the contractual process, the longer the contracting parties can occupy a shared imaginary space of equality, negotiation, and self-creation. This argument also illuminates Pamela's annotations of Mr. B's proposal to become his mistress in Samuel Richardson's Pamela (1740). I conclude that in both novels, written contracts are a feminist strategy used by female protagonists to assert their wishes despite their legal disempowerment.

COMPARATIVE LEGAL ANALYSIS OF THE REGULATION OF FAMILY AGREEMENTS IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS

The property and personal non-property rights and obligations of spouses occupy an important place in the legislation of all countries of the world, since the institution of family and marriage is an integral part of civil society and the basis of family legislation. At the same time, in the Russian Federation, within the framework of the contractual regime of spouses, there is a differentiation of property and personal non-property relations between spouses, whereas in a number of foreign legal systems, in particular in the Republic of Belarus, it is possible to mix these legal relations within the framework of one contract. In this article, the author will consider the specifics of the regulation of a marriage contract, an agreement on the division of marital property, an agreement on the payment of alimony and an agreement on children (an agreement on the procedure for exercising parental rights by a parent living separately from a child) under the legislation of the Russian Federation and the Republic of Belarus.

Marriage Aqd Validity Through Electronic Media Based on Positive Law and Islamic Law

Telecommunications technology currently has a major effect on changes in human interaction throughout their lives, including electronic media. This rapid presence of telecommunications facilities clearly affects marriage implementation in Indonesia, namely with a long-distance marriage contract (aqd) through electronic media. Thus, this raises the pros and cons about its validity in the community. This phenomenon raises issues about its validity in positive law and Islamic fiqh. The objective of this research was to contribute conducive thoughts regarding aqad nikah via electronic media and its validity in positive law and Islamic fiqh. Due to the impact of this matter, the position of marriage aqd through electronic media has not been known about its validity. Using normative legal research with conceptual, statutory and case approaches. The results of this study showed that long-distance marriage with a marriage aqd by electronic media was still valid because it clearly fulfilled an implementation's terms and conditions, both according to Islamic Fiqh Law and according to Law Number 16 of 2019 on the amendment of Law Number 1 of 1974 concerning Marriage was legal and also looked at Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions.

Proposal for Updating Fatwa Issuing Mechanism in Financial Matters

The rapid and unprecedented progress in the field of science and technology has ushered in innovations affecting virtually every facet of life. Prior to the era of globalization, all kinds of financial issues were perceived as having singular dimension, solvable within the confines of their respective fields. However, in contemporary times, multifaceted aspects characterize nearly every such issue. For instance, the initiation of a marriage contract may prompt concerns about the medical checkup of the contracting parties. Similarly, advancements in medical science, such as the introduction of test tube baby treatments, present challenges regarding Shariah compliance in both non-Muslim and Muslim-majority countries. Financial matters undergo a similar transformation, evolving from individual transactions to intricate series of contracts within contracts. Addressing these complexities within the framework of Shariah law poses challenges, raising questions about the preparedness of scholars from traditional madrasas to navigate contemporary financial intricacies. This study seeks to analyze these multifaceted aspects, aiming to propose a methodology for issuing Shariah-compliant fatwas in the context of the finance industry in Pakistan.

Childfree Marriage with Regards to Islamic Jurisprudence Principles

Procreation has been considered the noblest purpose of marriage as it ensures the continuation of human existence on Earth. However, a new trend has emerged among young couples known as “childfree”, where individuals or couples consciously choose not to have children after marriage. This research aims to examine this phenomenon. What is the status of marriage with the condition of being childfree? And how valid is such a contract according to the principles of Islamic jurisprudence (Fiqh)? To achieve these objectives, the researcher employed a qualitative descriptive methodology, using literature review as the primary data collection method, focusing on relevant sources related to the topic. The findings of this study indicate that the condition of being childfree in marriage contradicts the objectives of Islamic law, which emphasize procreation and the preservation of lineage. Making a deliberate decision not to have children without any legitimate reason or physical limitations constitutes an act that exceeds the boundaries set by religious teachings. Moreover, it is considered impermissible to prohibit what Allah has made permissible, which includes having children and preserving lineage. As the condition is invalid, the parties involved in the marriage contract are not obligated to fulfill this requirement, and the marriage contract remains valid.

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

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