Marriage Registration Research Articles

Legitimation: License for Registration of Interreligious Marriages by the State Court

<span lang="IN">The Surabaya District Court judge has granted the application for a permit to register an interfaith marriage between Rizal Adikara (Islam) and Eka Debora Sidauruk (Christian with decision Number: 916/Pdt.P/2022/PN.Sby. Previously, the registration of their marriage was rejected by the Population and Civil Registry Office. Civil Registry.The purpose of this research is to analyze judges' considerations in determining permission to register interfaith marriages.This type of research is library research, using a juridical normative approach.The source of data comes from primary legal materials, namely statutory regulations and legal materials secondary such as legal opinion/doctrine/theories from legal literature, research results, journals, papers, theses and websites related to research.This research is descriptive analytical in nature.Results of the research are that District Court judges have legitimized the registration of interfaith marriages with the consideration that The Marriage Law and the Law on Population Administration have provided space for the Court to render decisions and citizens have the right to defend their religious beliefs when they want to build a household. This judge has used a judicial activism approach in order to guarantee the freedom of citizens as protected by the constitution. Then this decision only granted permission to register religious marriages, not permission to carry out marriages because the applicant parties were married before the Court's decision</span>

Hindu Marriage Registration in Bangladesh: A Critical Legal Analysis, Evaluation and Recommendations

Hindu Marriage Registration Act, 2012 has been made as it is expedient and necessary to enact provision related to hindu marriage registration with the aim of protecting the documentary evidence of classical marriages of hindus. There are some loopholes regarding marriage registration in the Hindu Marriage Registration Act, 2012. It is necessary for Bangladesh to turn these loopholes into proper rules because the people of the hindu community of Bangladesh are constantly facing various problems. For the greater interest of all hindus presenting some laws have mentioned in the recommendations which they will be bound to obey and if they do not obey will be brought under punishment.

Pencatatan Pernikahan dan Batas Usia Pernikahan di Negara Muslim

Talking about Islamic Family law in the Muslim World as we know it, the provisions of all countries ar not the same. There are similarities but only a few. The similarity of these provisions starts from the pillars and terms, and also the existence of the same marriageable age. However, there are also some differences. Some countries also do not provide specific provisions. These provisions are only a formal requirement to legalize marriage. Therefore, marriage can be legalized in the eyes of law and religion. The implementation of Islamic family law in Muslim countries varies in terms of legal rules, legal practices, and legislation adopted by each country that identifies itself as an Islamic state or has a majority Muslim population. This diversity is caused by differences in the situations, conditions, and cultural backgrounds of the societies in these countries.
 Keywords: marrage law, marriage registration, marriage age limit

The relative value of sociocultural and infrastructural adaptations to heat in a very hot climate in northern Australia: a case time series of heat-associated mortality

Climate change is increasing heat-associated mortality particularly in hotter parts of the world. The Northern Territory is a large and sparsely populated peri-equatorial state in Australia. The Northern Territory has the highest proportion of Aboriginal and Torres Strait Islander people in Australia (31%), most of whom live in remote communities of over 65 Aboriginal Nations defined by ancient social, cultural, and linguistic heritage. The remainder non-Indigenous population lives mostly within the two urban centres (Darwin in the Top End region and Alice Springs in the Centre region of the Northern Territory). Here we aim to compare non-Indigenous (eg, high income) and Indigenous societies in a tropical environment and explore the relative importance of physiological, sociocultural, and technological and infrastructural adaptations to heat. In this case time series, we matched temperature at the time of death using a modified distributed lag non-linear model for all deaths in the Northern Territory, Australia, from Jan 1, 1980, to Dec 31, 2019. Data on deaths came from the national registry of Births, Deaths and Marriages. Cases were excluded if location or date of death were not recorded or if the person was a non-resident. Daily maximum and minimum temperature were measured and recorded by the Bureau of Meteorology. Hot weather was defined as mean temperature greater than 35°C over a 3-day lag. Socioeconomic status as indicated by Index of Relative Socioeconomic Disadvantage was mapped from location at death. During the study period, 34 782 deaths were recorded; after exclusions 31 800 deaths were included in statistical analysis (15 801 Aboriginal and 15 999 non-Indigenous). There was no apparent reduction in heat susceptibility despite infrastructural and technological improvements for the majority non-Indigenous population over the study period with no heat-associated mortality in the first two decades (1980-99; relative risk 1·00 [95% CI 0·87-1·15]) compared with the second two decades (2000-19; 1·14 [1·01-1·29]). Despite marked socioeconomic inequity, Aboriginal people are not more susceptible to heat mortality (1·05, [0·95-1·18]) than non-Indigenous people (1·18 [1·06-1·29]). It is widely believed that technological and infrastructural adaptations are crucial in preparing for hotter climates; however, this study suggests that social and cultural adaptations to increasing hot weather are potentially powerful mechanisms for protecting human health. Although cool shelters are essential during extreme heat, research is required to determine whether excessive exposure to air-conditioned spaces might impair physiological acclimatisation to the prevailing environment. Understanding sociocultural practices from past and ancient societies provides insight into non-technological adaptation opportunities that are protective of health. None.

Prohibition for Indonesian Judges to Grant Requests for Registration of Marriages Between People of Different Religions and Beliefs in Indonesia

Prohibition for Indonesian Judges to Grant Requests for Registration of Marriages Between People of Different Religions and Beliefs in Indonesia

PRAKTIK NGAMPANG DAN PANDANGAN TOKOH MUI TERHADAP PERMASALAHAN NGAMPANG DI KECAMATAN SINTANG, KABUPATEN SINTANG

This article discusses the practice of Ngampang and the views of MUI leaders on the Ngampang problem in Sintang District, Sintang Regency. The purpose of this research is to find out: 1) Problems of Ngampang Practice in Sintang Regency; 2) The views of MUI Sintang figures on the problem of Ngampang practice in Sintang District, Sintang Regency. This study uses a descriptive qualitative method. The data sources in this study consisted of primary and secondary sources, namely: 1) Primary sources were MUI (Indonesian Ulema Council) figures at the MUI Office in Sintang District, Sintang Regency; 2) Secondary sources in the form of literature that provide information related to pregnant out of wedlock in the form of scientific papers, theses, journals, theses, dissertations, Marriage Law, KHI (Islamic Law Compilation), MUI Fatwa, and techniques used are in-depth interviews and documentation. Meanwhile, in analyzing the data, the researcher used an interactive model of data analysis method and verified the validity of the data by conducting a member check. Based on data analysis, the researcher concluded that the practice of ngampang or pregnant out of wedlock is a problem and a case in Sintang District. In pregnant out of wedlock marriages, they first customary traditional marriages, then legally marry according to state law and are registered with the marriage registration institution. There are three views of MUI leaders on the problem of ngampang practice, namely: first, it is permissible to marry for various reasons, namely social considerations, justice, and benefit. Second, it is permissible on condition that the man who marries her is the man who impregnated her. Third, it is not allowed, because in order to maintain the purity of religious teachings, marriage is forbidden and is an act of adultery (forbidden) which MUI is based on MUI FATWA No. 11 of 2012.

Married 'Urfi in the View of Contemporary Scholars Sheikh Muhammad Ali Jum'ah

While marriage is an Islamic law and essentially a necessity, there are contradictions between the term and the application of marriage in society. One of them is nikah 'urfi, which is seen as invalid based on the rules of a country but is valid in the view of sharia. This article aims to reveal Muhammad 'Ali Jum'ah's thoughts on nikah 'urfi, furthermore the relevance of nikah 'urfi in the modern era. This article uses a descriptive qualitative approach and literature type by examining writings to solve a problem in a critical and in-depth manner. The approach in this article is to examine the thoughts of Muhammad 'Ali Jum'ah. The results of writing the article found that nikah'urfi is a marriage that fulfills all the pillars and conditions, but is not recorded at the marriage registration institution. Nikah 'urfi is a marriage with complete terms and conditions, this marriage is valid and has been legalized by the Fatwa Institute of Dār al-Ifta' Egypt, through the Fatwa of Mufti Diyar of the Arab Republic of Egypt Muhammad 'Ali Jum'ah. This fatwa was issued due to the prevalence of 'urfi marriage and the high cost of marriage. Contemporary scholars differ in opinion, with some legalizing and others forbidding it in light of current conditions. Keyword: 'Urfi Marriage, The Thought of Muhammad 'Ali Jum'ah

Legal Consequences on Sirri Marriage Performers Without the Permission of the First Wife: Perspective of Islamic Law and Positive Law

The aim of this study is to examine the existence of sirri marriages occasionally. Some people even do it without the first wife's permission, resulting in losses for the perpetrators even though the law has determined that marriage must be brought before the official marriage registrar to be registered. On this issue, the researchers focused on investigating the legal consequences for sirri marriage perpetrators without the first wife's permission and the perspective of Islamic law and positive law for sirri marriage perpetrators without the first wife's consent. The provisions for sirri marriage in Islamic law are not found in the Al-Quran and Hadith. Sirri marriage can be made a criminal act in Islamic law, but the provisions fall into jarimah ta'zir. The ta'zir punishment is not directly found in the Al-Quran and Hadith, this type of punishment becomes the judge's or local government's competence. Meanwhile, according to the positive law of sirri marriages that do not comply with or follow the legal procedures for marriage or without asking for the first wife's permission, the marriage can be punished under Article 279. This type of research used a literature review. The researchers suggest that this university should socialize regarding this matter, and registration of marriages must continue to be carried out by the government and the community, in this case, religious leaders.

Inovasi Pelayanan (ELSIMIL) Pada Pelayanan Program Keluarga Berencana di Kecamatan Kradenan Kabupaten Grobogan

Presidential Regulation Number 72 of 2021 concerning the Acceleration of Stunting Reduction. The President appointed the National Population and Family Planning Agency (BKKBN) to be the Coordinator for Implementing the National Stunting Reduction. Stunting Prevention Strategy in the form of Ready for Marriage and Pregnancy (ELSIMIL) Electronic Applications used by prospective brides. This study aims to determine the suitability of Service Innovation (ELSIMIL) in Family Planning program services according to the characteristics of the community in Kradenan District, Grobogan Regency and to determine the factors of suitability and incompatibility between service innovations (ELSIMIL) and the characteristics of the people of Kradenan District, Grobogan Regency. . This research uses descriptive qualitative research method. Data collection techniques used interviews by interviewing the KB Service Unit Coordinator, District Admin, TPK (Family Assistance Team), Catin (Bride and Groom Candidates), observation and documentation studies. The results of this study are catin's habit of registering marriages in villages that are close to the time of marriage. The appropriate factor in the innovation of the ELSIMIL application service is that the target catin is still young, so making the application easy, there are many TPK in one village there are 12 TPK cadres. Factors that are not appropriate in the innovation of the ELSIMIL application service are many women who work outside the city, marriage registration in the village is also close to the time of marriage and many TPK are still confused about using the ELSIMIL application

Status of Children from Siri's Marriage (Case Study of Constitutional Court Decision No. 46/PUU-VIII/2010)

This study aims to examine or analyze the Constitutional Court Decision Number 46/PUU-VIII/2010. This decision was made based on a request submitted by Aisyah Mokhtar to the Constitutional Court for a Judicial Review or re-examination of the Law which will be assessed whether the Law is contrary to the norms of the 1945 Constitution or not. Aisyah Mokhtar submitted this application to risk the civil relations rights of her son, Muhammad Iqbal Ramadhan, with his father, Moerdiono. This was done because Aisyah Mokhtar's marriage to Moerdiono was a marriage that was legalized according to religion but not according to the state (unregistered marriage) because marriage registration was not carried out. After this MK decision, children outside of marriage can have a civil relationship with their father and father's family. However, this envoy only applies to children out of wedlock from unregistered marriages (siri marriage) and not children out of wedlock as a result of adultery. Because if this decision is applied to children out of wedlock resulting from adultery, then the Constitutional Court delegates will be considered contrary to Islamic law. According to Islam, a child born from an adulterous relationship only has a relationship with his mother and his mother's family, and not with his father.

Problematika Implementasi Layanan Pencatatan Pernikahan melalui Aplikasi SIMKAH pada KUA Kabupaten Dharmasraya

The phenomenon of marriage registration that often occurs is related to the non-registration of marriages, marriage registration services which are often ignored and the existence of marriage registration services that are not carried out optimally. This study aims to describe the problems in implementing marriage registration services using SIMKAH at the KUA of Dharmasraya Regency. The research was conducted using a qualitative approach to field research. The research was carried out by going out into the field to conduct interviews with the heads of the KUA in Dharmasraya Regency to obtain data. Other data were obtained by studying the documentation of the marriage archive documents at the KUA. The findings were analyzed using the Spradley technique to analyze the general description of the application and the constraints that occur related to the registration of marriage services with SIMKAH. The findings explain that in general KUA in Dharmasraya District have all used SIMKAH in carrying out marriage administration services. The problems that occur are the lack of expert staff, the internet network is not stable, there are only one server in Indonesia which causes frequent server congestion and errors, as well as conventional ways of managing marriage administration.

TINJAUAN MAQASID SYARI’AH TERHADAP PENCATATAN PEKAWINAN

The Indonesian Muslim community is still faced with the problem of two understandings of marriage registration. First, the registration of marriages is considered a legal requirement for marriage, so that unregistered marriages (sirri) are considered as marriages that have no legal force. The provisions for the obligation to register a marriage are contained in Law no. 1 of 1974 Article 2 paragraph (2); jo. Articles 4 and 5 KHI. Second, the understanding that judges that even without marriage registration, the marriage is considered valid according to religious law, if the fiqh requirements and harmony are met, this opinion also rests on Law No. 1 of 1974 Article 2 paragraph (1), which restores the validity of marriage based on each religious law. This article aims to reaffirm the position of registering marriage as a necessity when viewed from the perspective of maqasid shari'ah. This study uses a qualitative normative approach, with secondary data sourced from searching books, laws, and various related literature. The results of the study show that the status of marriage registration is purely the result of ijtihad, and in essence it is in line with the goals of syara' and does not violate the benefit, namely the maintenance of religion and lineage by creating an orderly administration. Likewise, the maintenance of human assets in the context of marriage, because with legal force, a marriage can anticipate the implications of a legal action.

A Female Leaders in the Perspective of Islamic Law and Legal Regulations

The leader is a profession with the functions and duties of representing the government in recording and supervising marriages. Then how women become penghulu seen from Islamic law and legislation. This writing uses library research method with a qualitative descriptive approach. The results of this discussion state; First, from a juridical-normative perspective, if women are appointed as penghulu, their position will be questioned if they carry out their duties as guardian judges, which in fiqh must be a man. Second, it is considered that there are still problems in entering the public sphere for women, such as supervising and recording marriages in the mosque while she is in an impure condition, and attending marriage contracts which are carried out outside the office and outside working hours. Then in PMA Number 20 of 2019 concerning Marriage Registration, it has been explained that the leader can be held by both men and women. Likewise, in the Minister of Administrative Affairs Regulation Number 9 of 2019 concerning the Functional Position of Penghulu, it also does not require that the Penghulu must be held by a male Penghulu.

The Strategies In Overcoming Unregistered Marriages (Nikah Siri) At The Office Of Religious Affairs In Kecamatan Kota Terante Utara Based On Islamic Law Perspective

The objectives of this research are as follows: 1) To analyze the underlying factors of unregistered marriages in Kecamatan Kota Terante Utara; 2) To analyze the strategies for overcoming unregistered marriages at the office of Religious Affairs in Kecamatan Kota Terante Utara. This research is qualitative research with juridical, sociological, and pedagogical approaches. The data sources for this research are the Religious Affairs Office (KUA) of Kecamatan Kota Ternate Utara and religious figures. The data collection methods used are observation, interviews, documentation, and reference tracing. Data analysis techniques include data categorization, reduction, grouping, arrangement, interpretation, verification, and conclusions. The research results are as follows: The practice of unregistered marriages in Kecamatan Kota Ternate Utara is still common to this day due to several factors, including the economic limitations of the community, low levels of education, a lack of legal knowledge, and an understanding of the importance of marriage registration. The strategies of KUA in addressing unregistered marriages in Terante Utara include providing counseling on marriage registration and family happiness to prospective brides and guardians, as well as promoting the importance of marriage registration and its negative consequences for families, mothers, and children through seminars and prayer sessions organized by the Religious Affairs Committee through representatives of the subunit held within the community.

Church and State and the Marital Rights of Old Believers in Latvia: From Illegality to Secularization

The paper analyses state religious policy in different historical periods and its impact on the development of religious doctrines about marriage within the Old Believer community of Latvia. Based on published and unpublished historical sources, legislative acts, periodicals, and data from existing Old Believer parishes, it is clear that state policy concerning religious minorities greatly influenced the development of the Old Believer community. Old Believer marriages were not recognized by the Russian Orthodox Church until 1874 when the first possibility of obtaining legal marital status was introduced as registering families in police register books. The Old Believers of Latvia, who originally belonged to the Fedoseevcy denomination and denied any family life as such, registered their families quite rarely. However, during the first decades of the 20th century, the Fedoseevcy of Latvia adopted the teaching and marriage ceremonies of the Pomorians. By the interwar period, Old Believer marriages were legalized by both the community and the state. Soviet secularization further facilitated the development of secular marriage unions with followers of other confessions. In the present day, Old Believer religious marriages are legalized in Latvia, though the number of them has decreased as Old Believers are most likely to choose civil marriage registrations.

ANALISA YURIDIS PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF HUKUM POSITIF DI KOTA SURABAYA

Interreligious marriage has remained a controversial topic in society since the time of Marriage Law No. 1 of 1974. The agreements and rules governing interfaith marriages are primarily aimed at whether different marriages are valid. Look only at Law No. 6 of 2006 on Population Control. Couples married to different religions can apply to the district court, but this is limited to registration of marriage only, but what regulates whether it is legal? No regulations yet. The Indonesian Islamic scholar, particularly in his KHI Compilation of Islamic Law, states that interreligious marriages are void, which is supported by his 2005 MUI Fatwa on Interreligious Marriage. In this study, the authors use a prescriptive legal approach. It is a method of studying forensic research conducted on literature or secondary data and using deductive reasoning and coherent truth criteria. Deductive thinking should be understood as a way of thinking that draws conclusions from proven-true generalities and is directed to specifics. Interreligious marriage cannot be justified on the basis of Marriage Law and Summarizing Islamic Law, as the purpose of these rules is to prevent greater harm/loss in addition to the resulting benefit/benefit.

Dinamika Pencatatan Pernikahan Di Indonesia dalam Kajian Maslahah Mursalah

The purpose of this study is to answer how the application of mashlahah mursalah in marriage registration in Indonesia. The method in this study is a library method by reading books or magazines with other data sources in the library. In an axiological review, marriage registration is carried out to establish marriage order in society. It attempts to protect the dignity and sanctity of marriage, and more specifically women in domestic life. Through marriage registration as evidenced by a marriage certificate, each husband and wife get a copy. If in the future there are disputes and disputes between them, or one is not responsible, then the other can take legal remedies to defend or obtain their respective rights. This marriage registration brings great benefits to Muslims in Indonesia, especially women, especially wives. Jumhur fuqaha agreed that maslahat is acceptable in Islamic jurisprudence. All benefits must be taken as a source of law as long as they are not motivated by the impulse of lust not and do not contradict the nash and maqasid as-shari'. The mashalih mursalah is among the things discussed. One of the legal provisions based on maslahat mursalah is the necessity of marriage registration in KUA for Muslims in Indonesia

Reinforcement Pattern Religion, Social, and Marriage Law for Resistance Family Baha'i Minority in Indonesia

The lives of minority groups have slightly different forms of interaction in religious aspects, social relations, and marriage law. Minority groups often experience discrimination in religious, social, and marriage administration services. This research provides an overview of religious patterns, social relations, and marriage law for the Baha'i minority group in Indonesia and the obstacles they face in interacting with general community groups. This research is qualitative research with a phenomenological approach. The participants in this study amounted to 10 people who were heads of families of the Baha'i group. The study's results found four crucial aspects of the life of the Baha'i community. First, the Baha'i group in religious life has three principles: the existence of the One God, the unity of all religions, and human unity. Second, the Baha'i group socially has no problems with the general public and can be socially accepted. Third, the Baha'i group in the legal aspect of marriage cannot access the legal registration of marriage. They perform inter-group marriages only and are only known to their group. Fourth, the obstacles experienced by the Baha'i group are more related to social and state rights services. The results of this study contribute theoretically to enriching and strengthening science and practically will reduce social problems in society, especially respect for minorities such as the Baha'i group.

Analysis of Judges' Decisions in Marriage Isbat Cases According to the Perspective of Positive Law and Islamic Law (Case Study No.076/Pdt.P/2022/Pa.Prob)

Isbat marriage is a determination of the validity of a marriage that is determined by a religious court. Marriage that is consecrated is a marriage that is legally religious but not yet legal by the state. So that the marriage does not get legal certainty. So not a few people do isbat marriage as aform of effort to get legal certainty for the marriage they do. This study reviews the cases of marriage constituencies that are still rife in Probolinggo district. Whith the focus of research namelly the results of the analysis of the judge’s decision at the Probolinggo religious court in accepting, analyzing, determining, and deciding cases of marriage registrations the analysis in question uses to two approaches, namely the perspektif of positif law and islamic law. Marriage isbat cases are cases is ranked number two after divorce cases filed by the local community. From the data the author obtained between 2021 and 2022 there were as many as 41 cases of marriage confirmation recaived by the religious courts. Marriage confirmation both in the perspektive of positif law and islamic law thend, beering in mind that marriage confirmtion is still wideli practiced, unfortunately, the party filing this case is the perpetrathor of the sirri marriage, the author want to make it clear to society in general that marriage confirmation is a matter that is as far as possible be used as the final step in completing siri marriage get vallidity of the marriage they do. This means that the marriage certificate is solely carried out because it is a necessity, not to legalize a sim marriage. The law specifically limits marriage isbat only to a number of urgent matters, primary by conducting interviews with the chief judge, deputy chief judge, and information desk officer. Meanwhile secondary data comes from reference to journals, scientific books and data reports at the Probolinggo religious court. Data collections tecniques include observation, interviews, and documentation.

Marriage Agreements as Legal Protection of Collective Property

Marriage is a legal act in which an act contains rights and obligations for the individuals who commit it. In living the life of a household, it is not uncommon for problems to arise which cause disputes between husband and wife and end in divorce. Dissolution of marriage will cause problems, one of which is related to property (assets) in the marriage. This study aims to map the arrangement of the marriage agreement in Law No. 1 of 1974 concerning marriage and to analyze the legal protection of joint assets in the marriage agreement. The type of research used in this study is normative juridical, by collecting data using the literature and applicable laws and regulations. To get the results of this study, the author use descriptive data analysis to describe the nature of the problems studied. The results of this study indicate that the marriage agreement was held at the time or before the marriage took place, the two parties with mutual consent can enter into a written agreement which is legalized by the marriage registrar, after which the contents also apply to third parties as long as the third party is concerned. Legal protection of joint assets with a marriage certificate before the marriage takes place. The deed is made in writing which is legalized by the marriage registration officer, namely the Office of Religious Affairs (Muslim) and Civil Registry (Non-Muslim).