Islamic Marriage Research Articles

Imovinski odnosi između supružnika prema Šerijatskom pravu i uporedna analiza sa pozitivnopravnim propisima R. Srbije

Property relations between spouses belong to specific legal relations precisely because of the great influence of personal and emotional relations between the parties. Sharia law as a different legal system differs greatly from all legal systems in many respects. Precisely for these reasons, it was interesting to investigate how property relations between spouses are regulated in Sharia law, which is based on different principles. The research on this topic is especially important for its comparative analysis with the positive legal regulations of the Republic of Serbia in relation to the institutes valid in Sharia law and their review and comparison. The paper deals with the rights and duties of spouses in Islamic marriage in terms of property, ways of acquiring property in marriage, special property of married women, property regimes in Islamic and civil marriage, alimony, wedding gift (mehr), dowry (goods that a woman receives when marriages by his family) and gifts as ways of acquiring special property in an Islamic marriage.

Re-Imagining the Place of Parental Consent in Customary, Hindu, and Islamic Marriages in Kenya

Re-Imagining the Place of Parental Consent in Customary, Hindu, and Islamic Marriages in Kenya

Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective

The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.

KONSEP TAHSINIYAT DALAM MAQASID SYARIAH HUKUM PERKAWINAN

Marriage is a bond between a man and a woman as husband and wife who are legal in the eyes of law and religion to form a family (household) that is sakinah, mawadah and warahmah towards a happy family in the world and the hereafter, the basis of marriage is to worship only Allah SWT. Maqasid sharia is a concept that has become an interesting discussion among scholars. This concept was known long before Syatibi, but this concept was very attached to him because he was the first to introduce it completely as a method of legal thought. Substantially maqasid sharia or the purpose of establishing law is nothing but benefit. This type of research is library research (library research), in the sense that all data sources come from written materials in the form of books, documents, magazines and texts that are related to the topic of discussion through a review of various literature related to research which includes primary, secondary data. , dantertier. The data collected, read. The result of this research is that Islamic law has a purpose realizing human benefit (maqasid al-shariah) in the world and happiness in the hereafter. This embodiment is determined by the harmonization of the relationship between humans both individually and collectively, as well as the relationship between humans and their natural surroundings. This relationship is like in marriage, because marriage is a medium for getting to know each other. The true purpose of marriage in Islam is the development of human morality and humanizing it, so that the relationship that occurs between two different genders can build a new life socially and culturally. Maqashid sharia in hifzhu an-Nasl (caring for offspring or honor) is at the hajiat level, then Marriage is a necessity, as a natural human desire to be in pairs.

A case of mistaken identity: The wrongful classification of Islamic marriage contracts as premarital agreements in New York

AbstractNew York precedent has mischaracterized Islamic marriage contracts, or nikah agreements, as premarital agreements. Nikah agreements are not premarital agreements; they are contracts. This mischaracterization has subjected nikah agreements to the acknowledgement requirement codified in N.Y. DRL § 236(B)(3) which has incorrectly been used to strike down valid contracts which Islamic litigants rely on. To prevent the effects of this mischaracterization, this Note suggests to New York appellate courts that a recharacterization of these agreements as contracts would prevent further confusion amongst the lower courts and allow for clearer, more uniform decisions.

Inovasi Pembelajaran Science, Technology, Religion, Engineering, Art, and Mathematics Pada Mata Pelajaran Pendidikan Agama Islam

The development and progress of the times always demands change and innovation, including in the education and learning sector of Islamic Religious Education. The purpose of this study is to discuss theoretically and practical findings about integrated learning, namely innovation learning STREAM (Science, Technology, Religion, Engineering, Art, and Mathematics) in Islamic Religious Education subjects. This type of research is qualitative with analytical descriptive approach, uncovering findings and literature study. The findings show that Islamic Religious Education learning at SMAN 5 Bandung in class XII on the Basic Competence of Marriage in Islam, has been carried out using the STREAM approach in four meetings, and collaborates with the subjects of Cultural Arts, Crafts and Entrepreneurship, Sundanese Language, Civics, Biology, Economics-Accounting, and Mathematics. The learning model used is Project Based Learning (PjBL), Role Playing, Time Line of the River of Life and Presentation-Discussion. The products produced are in the form of power point teaching materials, photos and videos of marriage practice simulations with walimah (reception), as well as graphic info on time line planning for life targets until the estimate returns to Allah SWT.

Keluarga Sakinah dalam Pandangan K.H. Hasyim Asy'ari (1871-1947 M) dan Relevansinya dengan Hukum Keluarga Islam di Indonesia

This study aims to describe indicators of the formation of a sakinah family according to K.H. Hasyim Asy'ari and its relevance to the Compilation of Islamic Law (KHI). This qualitative research in the form of literature study uses philosophical normative. The main data source, namely the book Dhau' al-Mishbah fi Bayani Ahkam an-Nikah by K.H. Hasyim Asy'ari. Several articles in the KHI as the theory of analysis of this research. The results of the study show that there is a relevance between indicators for the formation of a sakinah family according to K.H. Hasyim Asy'ari with the construction of legal provisions in the Kompilasi Huukum Islam (KHI). First, the indicators of complying with the legal principles, requirements, and pillars of marriage that are relevant to KHI articles 4, 16, 20, and 27. It's just that the view of K.H. Hasyim in this first indicator tends to be textual. In contrast to KHI which is more contextual. Second, the recommendation indicator in choosing a life partner that is relevant to KHI Articles Articles 15, 16, 17, and 61. In this case, the criteria for the recommendation to choose a partner by K.H. Hasyim is more detailed covering various aspects, including religion, physical, lineage, economy, psychological and social status. Third, the indicator understands the principles of the purpose and benefits of marriage that are relevant to Articles 2 and 3. Third, the indicator is to build a good partnership in carrying out the rights and obligations of husband and wife that are relevant to the KHI Article 80. However, regarding the duties or obligations of the wife, K.H. Hasyim is more detailed than KHI. The theoretical implications of this research show indicators of the formation of a sakinah family in the view of K.H. Hasyim Asy'ari has relevance as well as can be the basis for formulas in the development and renewal of Islamic marriage law in Indonesia. The limitation of this research is that it has not studied in depth the heurmenetic aspects of the construction of the views of K.H. Hasyim is related to four indicators of the formation of a sakinah family.

Interfaith Marriage in the Early Modern Ottoman Empire: Legal and Social Aspects

Marriage in the Ottoman Empire was regulated by religious law, sultanic decrees, and local custom. In the multiethnic and multireligious realm of the sultans, men and women were expected to marry within their own religious community, according to the latter’s rites and in conformance with its rules, observances, and traditions. This social expectation, however, did not preclude interfaith marriages as long as the latter were sanctioned by the religious authorities concerned or were concluded in a way permissible under Ottoman law, namely with an Islamic marriage contract registered at a kadi court. The most common kinds of interfaith marriage were unions of Muslim men with non-Muslim women and of European foreigners with local Christians. We know about such unions from a variety of sources and some aspects of the issue have already drawn the attention of historians. This article focuses on the early modern period and is concerned with the legal underpinnings that allowed interfaith marriages, the judicial practice concerning them and the stance of the Orthodox Church towards women married outside the faith. The article presents the preliminary results of an ongoing research based on Ottoman, Greek and European sources that investigates the power of the Orthodox Church to implement canon law and its prohibitions, which also includes the prohibition to marry a non-Orthodox person.

Problems Relating to Archiving Nikah Documents in Germany’s Arab Mosques

Abstract In this contribution, I examine how Arab imams in Germany draw up and archive documents pertaining to exclusively religious Islamic marriages (nikah). The absence of a central Islamic authority responsible for registering and safeguarding nikah documents in Germany has led to the emergence of a wide range of practices among Arab imams. These include formal registrations of nikahs on pre-printed forms kept in files, boxes or a storeroom; non-standardised documents issued and handled in various different ways; and orally concluded contracts with no documentary trail whatsoever. In this article, I describe and analyse the different approaches to and practices associated with conducting and recording nikahs among Arab imams. I found that some imams try to formalise the documentary trail with a view to protecting the religious rights of spouses and avoiding internal disputes, whereas others lack experience of institutionalised procedures, thus creating what might be described as archival chaos. I argue that, to reduce the likelihood of unintended consequences, a large number of imams in Germany would benefit from receiving help with professionalising their nikah practices and setting up sound mosque administrations and professionally run archives.

FUNCTIONALIZATION OF COUNSELING OF PROSPECTIVE BRIDES

The urgency of getting marriage was to establish peace, blessing and the pleasure of God. Therefore, before the wedding carried out, the main steps needed to be prepared were the readiness of couple, the seriousness and the basic strength of marriage law. This paper investigated the role of pre-marital assistance or counseling of couples, using a service learning (SL) approach with several stages carried out. The result revealed that not all couples knew the functions and benefits of pre-marital counseling, and the importance of pre-marital guidance was to minimize divorce and reaffirmed the meaning of getting marriage in Islam. Pre-marriage guidance or counseling is a mandatory service given to the bride and groom, usually counseling given a week before the marriage contract is performed. Pre-marital guidance or counseling aims to reduce the number of divorces, which in the process the bride and groom are given useful supplies in front of him in building a household. Pre -marital guidance is considered important because the beginning of the household is highly dependent on the initial supply before the bride and groom are married and pre -marital guidance also aims to help the bride and groom in making mature planning associated with marriage and married life. Based on the results of pre-marital guidance or advice given that there is a change to the bride, this is evidenced when finished counseling, the bride is asked again about what has been obtained from the guidance done, the bride can re-elaborate important points which has been conveyed by the mentor until the intended target has been met, and it is hoped that in the future it can be useful and be a supply for the bride and groom.

Pernikahan Dini Dalam Upaya Menjauhi Zina: Solusi atau Kontroversi?

Nowadays, early age-marriage mostly happen in Indonesia because of married by accident, demands of customs, parents, and others. Indonesia is the 2nd country in Asia with the highest rate of early marriage and 37th in the world in 2007 (According to the United Nations Development Economic and Social Affairs (UNDESA) in 2010). In this study, researchers have more interest in exploring the phenomenon of early marriage that is rife by focusing on studying and knowing about early marriage as a solution or controversy to avoid an act of adultery. According to the view of Islam, customary law, and other laws. This study uses descriptive quantitative methods with data collection using a questionnaire. Although Islam does not determine the age for marriage, there are many factors that cause a negative impact if early marriage is not carried out with a good preparation. This thing will affect the psychological, physiological, social, economic, and other factors that lead to disadvantage. Therefore, it is better to prepared marriage more maturely before making a decision, because marriage in Islam is a worship and sacred thing.

Analysis Of Legal Functions And Maqashid Sharia On Islamic Marriage Law In Indonesia

This study discusses the analysis of the function of law and the analysis of Maqasid ash-Syariah on Islamic Marriage Law in Indonesia. The method used in this study, the author uses the type of normative research and conceptual approach. This type of normative research is a type of research that focuses on norms, rules, laws, and theoretical matters. The conceptual approach in question is as a theory to analyze the object of research. The questions that are the focus of this research are how to analyze the legal function of Islamic marriage law in Indonesia and how to analyze Maqasid Asy-Syariah on Islamic marriage law in Indonesia.

Akad Nikah Virtual Perawat Saat Covid-19: Tinjauan Hukum Perkawinan Islam dan Hukum Kesehatan

Nurses are at the forefront of handling COVID-19. Technological advances plus the Covid-19 emergency resulted in the implementation of the marriage contract being carried out virtually by nurses while undergoing isolation. This study aims to analyze the practice of virtual nurses' marriage contracts during the covid-19 pandemic according to marriage law and health law. This is a normative legal research conducted by means of literature research to explore primary and secondary legal materials using a conceptual approach. The results of this study concluded that the practice of virtual marriage contracts carried out by nurses during the COVID-19 pandemic had two important aspects to consider, namely aspects of religion and health. The Marriage Law does not explicitly regulate virtual marriage contracts, but the arrangements are returned to the laws of each religion. There are differences of opinion regarding virtual marriage contracts in the treasures of Islamic marriage law. The group that refuses to think that the marriage contract must be carried out directly in one assembly, while those who accept mean one assembly in the sense of one continuous time. Nurses who are in isolation due to Covid and decide to hold a virtual marriage contract as an effort to maintain the health of themselves and the community as well as to realize the maqashid sharia marriage, which is to protect religion, soul, mind, lineage, and property.

Interfaith Marriage in Islam: Classical Islamic Resources and Contemporary Debates on Muslim Women’s Interfaith Marriages

In Islamic tradition, both Muslim men and women are prohibited from marrying mushriks and are required to marry only other believers. However, Muslim scholars’ definitions of ‘believers’ and ‘mushriks’ differ for men and women. Whereas kitabī (Jewish and Christian) women are accepted as believers, not mushriks; kitabī men, who believe in the same religion as kitabī women, are not accepted as believers. Thus, there is a prohibition of Muslim women marrying men of different faiths in Islam. This prohibition is mainly based on the consensus of scholars, which is mostly derived from the cultural and social understanding of marriage and gender roles in the family rather than strictly from religious sources of reference. The aim of this article is to discuss how classical and contemporary Muslim scholars have approached the question of Muslim women’s interfaith marriages in Islam. Classical Muslim scholars did not consider the changing circumstances in their society and reconsider the religious rule regarding Muslim women’s interfaith marriages, as they did for Muslim men’s interfaith marriages. On the other hand, some contemporary Muslim scholars argue that the absence of any explicit prohibition in the Qurʾān indicates that Islam leaves the decision regarding whom to marry up to the Muslim woman and that she should consider her conditions and her prospective husband’s attitude toward her religious faith before making the decision for herself.

Anak di Luar Kawin dalam Hukum Kewarisan Islam: Sebuah Ragam Perspektif dan Analisa

Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marriage. Not only that case, but we also find many people in Indonesia who practice unregistered marriages. These cases from both practices have causes and effects on the status of children, which is in the context of inheritance, both Islamically and legally in Indonesia. Therefore, regarding the child's status, it is necessary to ask what the status of his inheritance is. The author uses library research methods or literature studies to answer these questions. In this case, the results of this research will be found from various literature and perspectives to resolve the status of children out of marriage with a broader explanation. From the author's search, it was found that children who birth from fornication (out of Islamic marriage) did not get a share of the inheritance. Meanwhile, the status of a child from an unregistered marriage also does not get an inheritance as long as it cannot be adequately proven.

Panaik Money of Bugis’ Customary Marriage in the Perspective of Islamic Law and Positive Law in Indonesia

This article discusses the giving of panaik money to the Bugis marriage customs outside of the dowry obligation. This culture has long been carried out at traditional Bugis weddings. The custom of giving panaik money has become a topic of discussion among academics because it is not included in the pillars and conditions of marriage in Islam or positive law. This is a custom that is sometimes considered burdensome to the prospective groom to cause the marriage to be annulled. This research is library research with a normative approach. It uses a qualitative method, namely, observing and reviewing the obligation to give money for traditional Bugis marriages outside of the dowry. The results of the panaik money research in the study of Islamic law do not conflict with the terms and pillars of marriage. As for the positive legal view, in this case, Law Number 1 of 1974 concerning Marriage concludes that panaik money does not conflict with formal or material requirements, namely in articles 6 to 10, which explain the existence of cultural fusion between customary law and Islamic law in Indonesia which has been recognized. As part of the source of material law in Indonesia. As for the cultural pattern of Bugis ethnic marriage, panaik money is a form of respect and appreciation from the male family to the female family.Panaik Money, Islamic Law, Positive Law, Cultural Customs

The Rule Minimum Age of Marriage in Islamic Family Law in the Muslim World

Questioning the issue of the minimum rules for marriage in Islam itself is not explained in detail about the minimum age for marriage. In jurisprudence, scholars of different schools of thought have different opinions regarding the minimum age limit for marriage, which in essence, someone who has reached the age of puberty can already get married. This article aims to discuss the minimum rules for marriage that are applied in every Muslim country in the world. The minimum marriage rules discussed are in Indonesia, Algeria, Bangladesh, Egypt, Iraq, Jordan, Lebanon, Libya, Malaysia, Morocco, Yaman, Pakistan, Somalia, Syria, Tunisia, Turkey, Afghanistan. The minimum age difference in some Muslim countries including Indonesia stems from the way each country determines the direction of their legislation, especially in marriage laws. Because in some countries it refers to the school of jurisprudence that it uses. Then, the purpose of the minimum age in marriage is to minimize the risks that will occur in marriage such as: Divorce caused by the immaturity of the child's mentality, difficulties in fulfilling family livelihoods, the potential for the birth of an unhealthy child caused by the biological immaturity of the child, and potential for maternal death due to pregnancy at an early age.

Granting of License Polygamy PerspectiveMaqasid: Analysis of Article 4 of Law Number 1 of 1974 and Article 57 of the Compilation of Islamic Law

This article I focus on the reasons for granting polygamy permission for a man as contained in the provisions of Article 4 of Law No. 1 of 1974 and Article 57 Compilation of Islamic Law using the approach of ushul fiqh. Polygamy is an issue in Islamic family law both in classical jurisprudence and in contemporary jurisprudence. Islamic marriage law allows husbands to commit polygamy with a maximum of four as in the QS. An-Nisa verse (3) among scholars have different opinions about the provisions of polygamy, there are those who allow it with loose requirements and there are also some scholars who require it strictly. The granting of polygamy permission is very relevant to the concept of sharia maqasid in the aspect of daruriyat, which is to protect the offspring (children) in article 4 of Law No. 1 of 1974 and article 57 KHI if a wife is unable to give birth or give offspring then the husband has the right to propose to marry more than one wife.

Method of Determination of Double Gender and Marriage in Islamic Law

: Double gender or khunsa is someone who has two genitals, besides having a penis or penis, khunsa also has a vagina or vagina. In the Qur'an, God created humans with male and female sexes. Namu, Some problems that occur are people who have male genitalia (dzakar) while having female genitals (farji) or none at all. In this case, Islamic scholars determine several methods to determine the specific sex through literary research studies using primary, secondary and tertiary resources. However, if the method has not been able to determine the sex of the khunsa then it should be further investigated and determined from the existing instinct in khunsa. The legal requirement of marriage in Islam should be marriage contracts (Ijab-qabul) which include: (1) the presence of male and female couple, (2) the presence of guardians, (3) the presence of 2 witnesses and (4) the existence of marriage contracts. All requirements for marriage should be fulfilled. The implication of this research is that the government or Islamic scholars need to make legal status of the existence of khunsa both in marriage and inheritance arranged in separate articles in the form of laws and compilations of Islamic law.

Tinjauan Maslahah Mursalah Terhadap Tajdid Nikah Pasutri Beda Agama

This study aims to determine the practice of organizing tajdid marriages at the Taaruf Syar'i Bureau office, Sukoharjo district. In addition, the author also examines from the perspective of mas}lah}ah mursalah regarding what has been attempted by the Taaruf Syar'i Bureau Office in Sukoharjo Regency against interfaith couples in conducting tajdidun marriages. This research is a field research, which is a data collection technique carried out by means of field interviews by asking questions to married couples of different religions and collecting several other sources such as theses, theses, papers, journals, website articles, and news. To strengthen the research data, interviews were conducted with the head of the Ta'aruf Syar'i Bureau, Sukoharjo district, who gave a decision regarding the research title. The results of the researcher's analysis can be concluded that the Head of the Ta'aruf Bureau takes the Tajdid Nikah decision for married couples who initially marry in a Christian way and then want an Islamic marriage, in line with the mas}lah}ah mursalah principle, which is to continue their marriage and their marriage is legal in Islam. . With the Tajdid Marriage, the benefits taken are greater than the harm caused.