Principle Of Marriage Research Articles

Application for Marriage Dispensation for Minors Based on Law no. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (Analysis of Religious Court Determination Number 79/Pdt.P/2018/PA.Msb)

Prevention of marriage at a young age becomes difficult to implement with the existence of a marriage dispensation in the Religious Courts. If you see the permissibility of carrying out child marriages, this certainly raises a question mark about the legal certainty given by the judge. The purpose of this research is to find out the legal certainty of an underage marriage dispensation application in accordance with the principles of marriage and KHI and to find out the Islamic view of the Marriage Law on Court Decree No.79/Pdt.P/2018/PA.Msb The research method is descriptive normative. The data was obtain from a literature study. The results of this study are that the legal certainty of judges is not in line with the fundamental of marriage according to the law but in line with the fundamental of marriage according to Islamic law, so in deciding the request for dispensation of marriage the judge is more inclined to the fundamental of Islamic law.

Dinamika Psikologis Perkawinan Poligami (Menyingkap Suasana Batin Isteri Yang Dipoligami)

Marriage is a bond between two men and women to form a happy and eternal household. The formation of a household is symbolic, that humans have a goal to develop life, this symbol can be realized when both parties bind themselves to move together under any circumstances. Marriage, which is symbolized as a bond and agreement, legally can be reviewed when the main goal is not fulfilled due to inconsistencies between the two parties deviating from the original purpose of forming a family. The review of the marriage agreement may end with a legal process or due to natural causes such as the death of one of them. Marriage, which was originally intended to form a happy and eternal household, could be broken up because the husband and wife are not committed to living life together. The principle of marriage, both according to Islamic Shari'at and Law Number 1 of 1974 concerning marriage contains the principle of monogamy, namely a man may only be paired with a woman and vice versa, but under certain conditions, Islamic Shari'at and the Law The law provides space and opportunities for a man to have more than one wife, namely polygamy. In practice, polygamous marriages still have pros and cons. There are pros and cons of opinion on polygamous marriages due to irregularities in its implementation. These deviations will be the object of research.

Marital Bonds and Chains: An Examination of 19th Century Marriage as a Sexual Contract and its Impact on Women's Rights and Freedoms

This paper investigates the institution of marriage in the 19th century as a form of sexual contract and its implications on women's rights and freedoms. Utilizing a feminist historical perspective, the study examines the societal and legal constructs of marriage during this period and their role in the subjugation and oppression of women. The research also explores the rise in divorces during the 19th century as evidence of conflicts over the principles of marriage. The work and beliefs of Victoria Woodhull, a prominent women's rights advocate of the time, are analyzed, with a focus on her Free Love ideology that posited marriage as a form of sexual slavery for women. The paper concludes with a discussion on Woodhull's vision for a societal revolution in sexual matters and its relevance in the context of the evolution of women's rights and freedoms.

The Misyar Marriage and Family Law Reform in Indonesia

This article aims to examine the thought of misyar marriage according to Yusuf Al-Qardhawi, and aims to prohibit the practice of misyar marriage in Indonesia. So this research examines the law of misyar marriage from Al-Qardawi's perspective and its contribution to the reform of family law in Indonesia. This article includes library research. This research is descriptive analytical. The primary data in the research are the Qur'an, Hadith, Yusuf Al-Qardhawi's works, Law Number 1 of 1974 concerning National Marriage Law, and the Compilation of Islamic Law. The secondary data are scientific works, research, journals that are relevant to the research topic. Using Gustav Redbruch's theory of legal objectives and maslahah mursalah, the data analysis in this study uses inductive thinking techniques then the author makes data analysis with qualitative analysis. The result of this article is that misyar marriage according to Al-Qardhawi is a marriage that is not in accordance with the purpose of the ordinance of marriage, namely to form a family that is sakinah mawaddah and rahmah, but there is a gap in Law Number 1 of 1974, concerning Marriage in Article 2 Paragraph (1) "Marriage is valid, if it is carried out according to the laws of each religion and belief". When referring to this article, it can be said that it is valid, so that in order to provide assertiveness to prohibit the practice of misyar marriage and marriage practices that are not in line with the principles of marriage, it is necessary to provide a clear definition of marriage. Keyword: Misyar; Yusuf Al-Qardhawi; Family Law in Indonesia

Reconceptualization of Marriage Dispensation Provisions In Religious Courts (Solution To Reduce The Number of Early Marriages In Indonesia)

Introduction: In the Marriage Act has been formulated several principles of marriage, one of which is the principle of marriage in terms of age of marriage. In accordance with the provisions, it is confirmed that the age of marriage for men and women is 19 (nineteen) years. Furthermore, if there are irregularities regarding the parties who have not reached the specified age, it is permissible to apply for a marriage dispensation to the Religious Court.Purposes of the Research: This study aims to determine and analyze the rules of the game in terms of marriage in which to conceptualize the provisions of the marriage dispensation with the aim of reducing early marriage in Indonesia.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The problem of early marriage is usually included in the category of children where the child is someone who is not yet eighteen years old, including children who are still in the womb. Therefore, it is necessary to consider the physical and spiritual maturity that makes it possible to carry out her duties as a wife and as a mother as well as possible, if it is used as the best benchmark for a daughter to carry out a marriage. in accordance with the circumstances in Indonesia the lowest limit for a girl is 18 years.

Marriage Cancellation According to Positive and Religious Law in the Perspective of Protection of Children and Women

This article examines the legal consequences of annulment of marriage from positive law and religious law in Indonesia. The method used is normative legal research using statutory, comparative, and case approaches. The results show that marriage annulment creates legal consequences for children, assets, and third parties. Regarding the legal consequences for children, it has been regulated in Article 28 paragraph (2) of the Marriage Law and Article 75 (b) KHI for the benefit or benefit of the child where in an annulment of a marriage, the law does not retroactively apply to children. As for the division of assets, in this case, the original/innate assets of the parties must be returned to the original/original owner. Furthermore, for third parties who have a good faith, the legal consequences of the annulment of marriage do not apply retroactively, so civil acts committed by the husband/wife before the annulment of the marriage remain valid. They must be resolved by the husband/wife so that the third party is not harmed. 2. There are several differences regarding the causes of marriage annulment, one of which is contained in article 71 KHI, namely being able to practice polygamy without permission from the Religious Court. Marriage law regulations in Indonesia prohibit polygamy without the permission of the Religious Courts because the principle of marriage in Indonesia adheres to the principle of monogamy. The Religious Courts will only grant polygamy permission to someone if they meet the requirements to practice it. They are implementing marriage annulment No.1022/Pdt.G/2018/PA.Smd at the Samarinda Religious Court is by applicable laws and regulations. The Religious Courts will only grant polygamy permission to someone if they meet the requirements to practice it. They are implementing marriage annulment No.1022/Pdt.G/2018/PA.Smd at the Samarinda Religious Court is in accordance with applicable laws and regulations. The Religious Courts will only grant polygamy p

Konstruksi Pernikahan Kristiani dalam Perspektif Kejadian 2:24

Abstract
 Marriage is an irreplaceable and core institution of human society. Marriage created by God before the fall of Adam and Eve. Marriage communicates deep spiritual truth, including speaking to the human race about the relationship of God to his people, pointing to the marriage between Christ and his Church at the end of history. In it, one man and one woman freely and publicly enter into the marital covenant, through solemn vows, to accept and fulfill all the obligations of marriage, including an exclusive sexual relationship. When talking about the marriage principle we will certainly be faced with a variety of different views and attitudes. This literature study describes the Christian marriage principle in the Genesis 2:24. To explain this, the author gives various information from library sources related to the research topic. This research is a qualitative research with exegetical methods. From the research carried out, the Christian marriage principle taught by the word of God is little different from the marriage principle in general. The research result suggest that the principles of marriage contained in Genesis 2:24 are as follows; shall leave father and mother, shall cleave to spouse and shall become one flesh.

Poligami dalam Perspektif Perjanjian Lama dan Implikasi Bagi Orang Kristen Masa Kini

The practice of polygamy is a problem in the family that often occurs, in the Christian faith polygamy is in conflict with the principle of marriage. Family is God's creation since the beginning of the first human being, namely Adam and Eve. God first made humans a pair, so it is clear that in the event that the first humans had one husband and one wife, with this statement we can conclude that polygamy is not permitted by Christians and with polygamy is strictly prohibited in the Christian faith. The point of polygamy is to have more than one wife and that the Bible does not approve of polygamy happening. God does not approve of the marriage of more than one wife in Genesis 2:24 where it is very clear that a man will unite with his wife so that they become one flesh.
 

Comparison of Law Between Merariq Traditional Marriage Law and Marriage Law Number 16 of 2019

Marriage Law in Indonesia is regulated in Act Number 1 of 1974 concerning Marriage and undergoing changes to Act Number 16 of 2019, which regulates how the norms and principles of marriage are considered and recognized by the Indonesian state. The purpose of marriage in Indonesia as regulated in Act Number 1 of 1974 article 1 states that: "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. one". The problem that arises then is whether the existing and developing customary marriages before the enactment of the Marriage Law can be recognized by the Indonesian state. The types of customary marriages that are not in accordance with the objectives, norms, and principles of marriage according to the Marriage Law are one of them is the Merariq Traditional Marriage Tradition, which from this merariq marriage tradition results in many early marriages or child marriages according to the legal age threshold. Law Number 16 of 2019 which is the main discourse of this study looks at the dimensions of Marriage Law through the eyes of the Merariq Indigenous Marriage of the Sasak Tribe. This study uses a normative juridical approach where this approach is carried out by tracing the norms that live in Indonesian positive law. Whereas the cases raised by merariq traditional marriages have caused many legal problems, furthermore, the high level of child marriage is due to the absence of a social safety net for anyone who wants to carry out a merariq marriage so that there is no legal protection and certainty for the parties to the marriage, especially women who are in a vulnerable position, Therefore, the implementation and enforcement of national marriage law must be considered again in its enforcement and implementation so that there is no legal vacuum where national law is not present in the community.

Philosophy of Marriage as a Means of Family Building and Social Transformation

The essence of marriage is a commitment with careful planning for prosperity in reviving the earth through good offspring in a beneficial marriage. This research is library research. The type of research used is qualitative research and the type of research is descriptive analytic research. The problem approach used is a philosophical, sociological, psychological, medical, juridical approach. The results of the study show that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a family, a happy and eternal household based on the Almighty God. The principles of marriage are, the principle of Muasharah bi al-Ma'ruf, the principle of choosing a partner, the principle of equality, problems in the family, economic problems, family and social interventions, the problem of differences in building a family

Poligami Perspektif Fikih Islam dan Tarjih Muhammadiyah

AbstractBasically, the principle of marriage is monogamy, which is done only once in a lifetime and only consists of one wife and one husband. However, in reality there are some people who are married more than once and have more than one wife which is known as polygamy. The reasons for people who practice polygamy themselves are different, as well as the response of the surrounding community in responding to the practice of polygamy. There are those who support the practice of polygamy, but there are also those who think that polygamy is a form of oppression of women. Seeing the background of the problem as well as the pros and cons of this polygamy polemic, the question arises, how is the law of polygamy in the perspective of Islamic fiqh and Muhammadiyah tarjih.The aim of this research is to know and understand the law of polygamy according to Islamic jurisprudence and Tarjih Muhammadiyah. This research itself is included in the type of library research, which is a type of research that emphasizes research on literatures related to the object being analyzed. Using descriptive analysis method, which is a method used for data that has been collected and then compiled, explained and analyzed. The presentation of the data that has been obtained from the field and from the library is then analyzed to a conclusion.Based on the research that has been done, that polygamy in Islamic jurisprudence is something that is allowed on the condition that the husband is able to treat his wives fairly. Whereas in Muhammadiyah tarjih, polygamy is something that can be done, but is not recommended. This polygamy is also permitted for social emergencies, not only for individual emergencies.Keywords: Polygamy, Islamic law, tarjih Muhammadiyah.

The Position of Contract Marriage Law (Nikah Mut`Ah) in Indonesia: A Comparative Study

In the aspect of Islamic law, mut'ah marriage was allowed by Rasulullah SAW only during the war. But the permission has been abolished or the law of mut'ah marriage is forbidden and sinful for those who do it. In the aspect of national law, contract marriage is considered a legal defect because it is contrary to Article 2 paragraph (1) of Law Number 1 of 1974 on Marriage, Article 1337 and Article 1332 of the Civil Law, the principle of marriage and the purpose of marriage. Based on these provisions, a legal marriage is conducted in accordance with the teachings of religion and beliefs and is not contrary to the values ??of morality. Marriages that are registered or registered in accordance with applicable laws and regulations will receive protection from the State. The practice of contract marriage actually positions the position of women is very weak in the eyes of the law because the marriage is considered never happened, so the wife is not considered a legitimate wife, the wife is not entitled to alimony and inheritance from the husband if he dies and the wife is not entitled to gono gini property if it occurs. separation, because legally the marriage, the contractual marriage is considered to have never occurred.

The Position of Contract Marriage Law (Nikah Mut`Ah) in Indonesia: A Comparative Study

In the aspect of Islamic law, mut'ah marriage was allowed by Rasulullah SAW only during the war. But the permission has been abolished or the law of mut'ah marriage is forbidden and sinful for those who do it. In the aspect of national law, contract marriage is considered a legal defect because it is contrary to Article 2 paragraph (1) of Law Number 1 of 1974 on Marriage, Article 1337 and Article 1332 of the Civil Law, the principle of marriage and the purpose of marriage. Based on these provisions, a legal marriage is conducted in accordance with the teachings of religion and beliefs and is not contrary to the values ??of morality. Marriages that are registered or registered in accordance with applicable laws and regulations will receive protection from the State. The practice of contract marriage actually positions the position of women is very weak in the eyes of the law because the marriage is considered never happened, so the wife is not considered a legitimate wife, the wife is not entitled to alimony and inheritance from the husband if he dies and the wife is not entitled to gono gini property if it occurs. separation, because legally the marriage, the contractual marriage is considered to have never occurred.

KAJIAN PRINSIP PERKAWINAN MENURUT UU NO. 1 TAHUN 1974 DALAM PERSPEKTIF HUKUM ISLAM1 Oleh: Mohammad R. Hasan 2

The purpose of this research is to find out how the principle of marriage according to Law no. 1 of 1974 concerning the Principles of Marriage and how marriage according to Law no. 1 of 1974 in the perspective of Islamic law. By using normative juridical research methods, it can be concluded: 1. The community views a sacred event as a marriage. Marriage is the first step to form a family, which in turn is a collection of families that will form the citizens of a society that will eventually become a country. It can be said that if the marriage is carried out in accordance with religious regulations and laws, it is certain that good families will be formed. In turn the country will be good. The principle of marriage that lives and grows in society according to Law no. 1 of 1974 requires the approval of both parties (prospective bride and groom), as a condition/proposal, the awarding of a dowry, in the marriage contract, witnessed by 2 (two) witnesses, the guardian of the party, the prospective bride and every marriage is recorded according to statutory regulations -applicable invitations. 2. The mi balik (ulama) view or think that marriage is a suggestion which results in being sunnah, obligatory, makruh and unlawful. Marriage is a holy (sacred) event that begins with "muqaddimat al zawaj" religious teachings (proposal/know). Islamic law teaches getting to know each other before the marriage contract (character, piety, character) is the beginning of creating a family that is sakinah, mawadah and rahmah, the principle is to know specifically the woman who is proposed to (Islamic jurisprudence). Islamic law regarding the existence of marital pillars, this is included in "al-ijab" and other "al-qabul" of marriage conditions where the pillars of marriage consist of guardians, (dowry), prospective husband and wife and sighat. Islamic law views a sacred act based on the Qur'an and sunnah and the hadith of the Prophet (marriage contract/al-ijab and al-qabul) as a stipulation in the provisions of Islamic law, in line with Law no. 1 of 1974 concerning marriage.

Misunderstanding of Polygamy Verses in the Qur’an

Lots of misunderstandings in addressing the current practice of polygamy, including faults in interpreting the verses of polygamy in the Qur’anic and misunderstandings in addressing the practice of polygamy by the Prophet Muhammad. This study examines the Qur’anic verses about polygamy and their respective interpretations, and how they relate to the current practice of polygamy. In addition, it also equipped this article with a discussion of the views of Islamic law and positive Indonesian law on polygamy, as well as the impact of polygamy on social life. The results of the study show that the principle of marriage in the concept of the Qur’anic and positive law in Indonesia is to adhere to a monogamous marriage system. The permissibility of polygamy is an obligation that is complicated and tightened and only for people who really need it in a very emergency and accompanied by the condition that they can do justice between wives. Prophet Mohammad Saw. did polygamy not because of sexual motivation, but because of religious, social, and humanitarian motivations. There are two wisdoms behind the Prophet Saw. practicing polygamy, namely to support the widows of war victims and as one of the Prophet’s political strategies to unite dispersed and hostile groups.

ANALISA TERHADAP KONSEP NAFKAH TERHADAP KETAHANAN PANGAN KELUARGA ISLAM ATAS WABAH COVID-19 DI KELURAHAN TINALAN KOTA KEDIRI (DITINJAU DARI MAQASHIDI SYARIAH PERSPEKTIF AL-SYATIBI)

The world is in a significant economic crisis in various countries caused by the emergence of the 2019-nCoV (Novel Coronavirus).This pandemic not only attacking human lives also caused a crisis in the country’s economy.This can be seen significantly in household life, especially in Tinalan Village which in fact is positively affected by corona.The government’s regulation on the handling of the 2019-nCoV is the implementation of the PSBB (Large-Scale Social Restrictions), directly demands that all community activities be recommended to be implemented in the home.Thus, with the emergence of the 2019-nCoV is hampering the regional economy as well as the household economy, one of them is household food security.This is factored by monthly income, family members, and monthly expenses in one house.This study will examine how the concept of living on food security of Islamic families sees the phenomenon of the Covid-19, specifically by the Islamic family of Tinalan Village, Kediri city by reviewing from the sharia maqashidi al-Syatibi perspective. A total of 160 respondents were selected as research samples in March to May 2020 to be reviewed according to the context of the study. The people of Tinalan Village understand this situation, so they adapt to the governance of their household spending expenditures.This is in accordance with the principles of marriage prescribed by Islam and reaffirmed in al-Syatibi’s maqashidi shari’ah.

Islamic Legal Protection of Child's Rights in Polygamous Marriage in Indonesia

The Indonesian Marriage Law Act Number 1/1974, and the Compilation of Islamic Law (KHI) regulate the constitutional law of polygamous marriage in Indonesia. The act states that the basic principle of marriage in Indonesia is monogamy. The act also says that the husband must show evidence telling his ability to fulfill his family needs. The study on these issues conducted in Indonesia is a part of the Indonesia Islamic family law. The neglected protection of the child’s rights in a family needs to be escorted through imposing the rules concerning it. This study aims to find out the implementation of the protection of child rights in Islamic law on polygamous marriage. This research employed a qualitative method with a socio-legal study case approach. The result of the study showed first, there is always a problem in the matter of the child’s rights that should be fulfilled by polygamist fathers that have to be protected. Second, the rights of children in polygamous marriage cannot be fulfilled equally especially in unrecorded polygamous marriages. Third, there is uncertainty in the marriage law related to the maturity of children who are still under the protection of parents, where this uncertainty will make it difficult to implement the law. Basically, the protection of children in polygamous marriages has been regulated in the Islamic Marriage Law in Indonesia. However, there are still many gaps in Islamic legal protection in child protection in polygamous marriages, plus there are still many people who do not comply and ignore it.

Perlindungan Perempuan Korban Kekerasan Dalam Rumah Tangga Menurut Sistem Hukum Indonesia Dan Sistem Hukum Islam

Women are creatures of God Almighty, just as men have natural rights that are inherent and must be protected. In the Islamic legal system, women get a glorious position and many letters in the Qur'an tell about women. Yet today's tendency, many violations of women's human rights, especially occur in the domestic so-called domestic violence.This study raises the problem of how the protection of women victims of domestic violence according to the Indonesian legal system and Islamic legal system and how the ideal future form of protection of women victims of domestic violence. This type of research is normative juridical, using secondary data types. The results showed that the protection of women victims of domestic violence in the legal system of Indonesia already has a legal umbrella that is Law No. 23 of 2004 on the Elimination of Domestic Violence, but there are still weaknesses, while the protection of women victims of domestic violence in the Islamic legal system refers to Al Quran and Hadith especially in the Surah An Nisa but need to be interpreted contextually not just textual. The ideal form of protection of women victims of domestic violence in the future that is the articles in the Act abolition of domestic violence should apply the principles of marriage in Islamic law, so as to create peaceful, peaceful and eternal home forever

Indigenous Marriage and Family Counseling among Oromo Community in Ethiopia

ABSTRACT: Semi-structured interview and FGD was employed to extract information from thirteen respondents selected purposefully. The result of the study disclosed that marriage and family counseling is a tradition among Oromo community right after shaving of born hair. Mostly, the father takes responsibility of the male and mother follows her daughter. ‘Kuchu’ and engagement counseling, and knowledge of blessing and curse are among the major areas of concern. Consequently, principles of marriage and family counseling, procedures and ages of application are fundamental. Incorporating indigenous knowledge and skills of counseling in education curriculum and training for its sustainability was recommended for upgrading.
 KEYWORDS: family counseling; indigenous counseling; marriage counseling.

Perkawinan Beda Agama Ditinjau dari Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan

<p><em><span lang="EN-US">The principle of marriage is a contract to justify the relationship between men and women, which between the two is not mahram. Viewed from a legal standpoint, marriage is a sacred and noble contract between men and women which is the legitimate status of husband and wife and is condemned to sexual relations with the aim of reaching a sakinah, full of love and virtue family. This article uses normative juridical research. Regarding legal marriage according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, each marriage is recorded according to the applicable laws and regulations. Besides that, it is associated with Article 2 paragraph (2) Government Regulation Number 9 of 1975 concerning the Implementation Regulation of Law Number 1 Year 1974 concerning Marriage which states that the registration of their marriages which according to their religion and belief except the religion of Islam, carried out by the Official Registration Officer Civil Registration and Population as referred to various legislation concerning the registration of marriages. Interfaith marriage is a violation of Law Number 1 of 1974. This can be seen in Article 1, Article 2 Paragraph (1) jo Article 8f of Law Number 1 of 1974 concerning Marriage. In the explanation of Article 1 mentioned: "As a country based on Pancasila, where the first principle is the One Godhead, then marriage has a very close relationship with religion / spirituality, so marriage not only has an element of birth / physical, but an inner / spiritual element also has an important role. Forming a happy family which is the purpose of marriage, maintenance and education is the rights and obligations of parents. Then Article 2 Paragraph (1) jo Article 8f explains that marriage is legal, if it is carried out according to the law of each religion and its beliefs, then there is no marriage outside the law of each religion and that belief.</span></em></p>