Principle Of Monogamy Research Articles

Kaidah Fiqih Hukum Keluarga Dan Penerapannya Dalam Undang-Undang Perkawinan

The Qur'an's attention to the family is shown by the many verses that talk about family problems, from marriage problems to the problem of dividing inheritance. It is not only shown by the details of family problems regulated in it, but also by the verses that talk about various family rules. The facts that occur regarding marriage sometimes give rise to multiple interpretations among experts and the public, especially among Muslims. This article focuses on a review of Fiqh Rules or specifically Legal Rules (Qawaid al Ahkam) which are applied to resolve practical problems in Family Law. This rule classifies similar problems into one specific rule based on sources from the Koran and Hadith which are expected to make it easier to understand and resolve problems related to Family Law with normative application, namely Legislation on Marriage. This type of qualitative normative juridical research is research that refers to legal norms contained in legislation and norms that live and develop in society. The research results show that 1) The legal principles applied in Marriage law in Indonesia are the principle of monogamy, the principle of consensuality, the principle of proportionality and the principle of complete unity; 2) Fiqh rules in Islamic Family Law are applied in the Marriage Law with the aim of solving community problems within the scope of family and marriage law.

Asas-Asas Hukum Keluarga Islam

This article identifies the principles of family law contained therein. From the identification results, the principles of family law were found, namely the principle of freedom, the principle of protection and prevention, the principle of monogamy, the principle of responsibility and justice and the principle of legal certainty. Legal principles are important because truth is the basis for thinking and reasoning, especially in enforcing and implementing the law. Legal principles are the most important subsystem of the legal system and legal principles. Principles take precedence over a system of rules. This is not only because legal principles are more universal, but also because they reflect cultural values and messages that should be embodied in the supremacy of law. Legal principles can be used as a basis or justification for the formation of a legal regulation, or can represent the legal relationship of legal regulations, including the values, aspirations, ideas, social or ethical views that are formed. From an Islamic perspective, principles can be formed in the order of Islamic legal philosophy. The type of research that the author uses is library research with a qualitative descriptive research approach. The conclusion of this article is that legal principles are understood as the fundamental ideas behind a legal system, which are formulated in legal regulations and judges' decisions, and are the basis for making certain regulations and decisions.

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.

Maghza Nasr Hamid Abu Zayd's Interpretation Concept as A Counter of Polygamy Pragmatism

The main purpose of this research is to reveal the deep meaning of polygamous verses by using the theoretical approach of Nasr Hamid Abu Zayd's text study. As a critical Islamic thinker, Nasr produced many controversial understandings with classical thinkers, including in interpreting the polygamy verse. Nasr sees the meaning of the verse of polygamy in its historical context as a limitation of the human relationship between men and women in the tradition of pre-Islamic Arab society. This historical origin is only a starting point for understanding the verse, not as the main message of the Qur'an. Nasr photographed the meaning of the verse of polygamy in the context of the Qur'an as a whole. The placement of the text in its comprehensive context produces the original meaning and the meaning of significance (magza) and reveals the hidden dimension of meaning (al maskut 'anhu) namely the principle of monogamy. By revealing this hidden meaning, it will be able to counteract the pragmatic polygamists who are currently happening on the pretext of religion.

POLIGAMI DI DUNIA ISLAM

This paper compares the legal verses of polygamy in Saudi Arabia, Pakistan, and Indonesia. Apart from the controversy considered as detrimental and degrading to women, term of polygamy is not as easy as Westerners think in the license process. This study compares legal verses, licensing procedures, fines, either imprisonment or punishment, to husbands who violate the applicable regulations. Therefore, this research serves as evidence talthough polygamy is permitted, the procedures and requirements regulated by Saudi Arabia, Pakistan, and Indonesia contain elements of protection and respect for women. The method is qualitative with the library type. This research is classified as a co-comparative approach, which is a study that compares one legal case between several countries. The results are: 1) in Saudi Arabia, polygamy is still based on the classical Islamic fiqh school of Imam Hambali. Therefore, polygamy is not so much a concern in parliament that there is no legal reform there. As a result, polygamy is very free and tends to harm women. 2) in Pakistan, polygamy is also based on Islamic teachings, it's just that there is a legal reform that states that there must be written permission from the Arbitration Council if a husband wants to do polygamy. 3) in Indonesia, polygamy is very complicated, because basically the Marriage Law No. 16 of 2019 concerning Marriage contains the principle of monogamy. In addition, polygamy can be carried out by the husband if he has received permission from the wife and the board of judges in court.

Pemberian Karang Memadu Sebagai Sanksi Adat Untuk Mencegah Poligami di Desa Adat Panglipuran


 Pemberian lahan ”Tanah Karang Memadu” bagi mereka yang melakukan perkawinan poligami di Desa Adat Pengelipuran, Bangli adalah bentuk sanksi adat dari kearifan lokal setempat yang wajib dilestarikan. Sanksi adat ini telah terbukti mampu mencegah niat masyarakat untuk melakukan poligami. Dalam Undang-undang Nomor 1 Tahun 1974 yang sudah diubah dengan Undang-undang Nomor 16 Tahun 2019 tentang Perkawinan, ditegaskan bahwa perkawinan adalah ikatan lahir batin antara seorang laki-laki dengan seorang perempuan. Jadi asas yang dianut adalah asas monogami. Namun demikian tidak sedikit masyarakat karena alasan tertentu melakukan perkawinan poligami atau mempunyai lebih dari satu orang istri. Secara normatif, masyarakat adat Desa Penglipuran memandang berpoligami itu sebagai pelanggaran norma adat. Karena itulah bagi mereka yang berani melakukan poligami dikenakan sanksi keluar dari pekarangan desa, lalu diberikan tempat yang disebut sebagai “Karang Mamadu”. Penelitian ini menjawab permasalahan, bagaimanakah pelaksanaan sanksi adat Karang Memadu di Desa Penglipuran, dan apakah sanksi adat Karang Memadu terlaksana dengan efektif di Desa Adat Penglipuran. Jenis penelitian yang akan dipergunakan dalam jenis penelitian hukum emperis. Temuan hasil penelitian membrikan penegasan bahwa pemberian ”Karang Memadu” adalah salah satu bentuk sanksi adat yang mempunyai implikasi hukum sangat singinifian dalam rangka mencegah terjadinya perkawinan poligami atau “memadu”. Indikasinya adalah, sampai penelitian ini selesai dilakukan sama sekali “karang memadu” yang dimaksud belum pernah dimanfaatkan oleh mereka yang melakukan perkawinan poligami. Saran yang dapat direkomenasikan adalah, sanksi pemberian”Karang Memadu” ini agar dilestarikan untuk menjamin keteraturan sosial.

ALASAN DAN TUJUAN LAHIRNYA UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

This articles illustrate the process of maked the Marriage Law Number 1 of 1974 begins with government initiatives to discuss the scope of legislative. Government initiatives did not just emerge, but long before they were submitted to the legislative, the government received many inputs regarding marital regulations. Submission of revisions to the marriage regulations were mostly submitted by women's organizations. The process of the formation of the Marriage Law for approximately seven months, starting from the government submitting the Draft Law to the legislature until all factions declare approval article by article. From 77 Articles to 66 Articles to become legislation. But there are many contradictions when the law will be passed. Especially from the Islamic group namely PPP factions they stated that the articles in it violated many Islamic rules. while the faction of the work actually considers its articles to be appropriate. Namely with the article that has highlighted the position of the wife in the household. Another of the PDI factions who only highlighted the issue of polygamy and the principle of monogamy. After being approved and approved by the government the impact of polygamy and divorce decreases. While the problem of Siri marriage is even more widespread.

JUDICIAL REVIEW OF DECISIONS OF POLYGAMIC POLICY IN SEMARANG RELIGIOUS COURT

Polygamy is a problem in marriages that is often discussed. Polygamy marriage as regulated in the polygamous marriage law, it is under the principle of monogamy which is not actually the absolute monogamous principle, but it is also called the principle of open monogamy. In the Compilation of Islamic Law (KHI) polygamy is the permission for a husband to have more than one wife on certain conditions. The method used in this legal research was sociological juridical approach that is the juridical review of the judge's verdict on polygamy permit in the Religious Courts of Semarang. The basic consideration to create the benefit of the people is that the active role of the Religious Court judges interpret the law in actual in order to apply the existing law in accordance with the needs of the development of society to achieve the mutual benefit. Elements in the principle of mutual benefit is not only the principle of legal certainty, but in the consideration there must also be the principle of benefit and the principle of justice

TELAAH KRITIS PANDANGAN ULAMA DAYAH ACEH UTARA DAN ATURAN KHITENTANG ATURAN PERKAWINAN POLIGAMI

The issue of polygamy is a hot issue that to be debated continuesly. One side polygamy is claimed as exploitation and hegemony of male to female. On the other hand, polygamy is seen have normative reference and it considered as one of the solutions to solve the problems of in infidelity and prostitution. The Indonesian government has been reform the rules of polygamy. In KHI, although it adheres to the principle of monogamy, but the government is still open opportunity for polygamy. However, this rule of KHI is critized bythe dayah scholars of North Aceh. The overview of Ulama dayah is that polygamy rules made by the government out of the Shari’a corridors. Also that issueto be politicied and adopt the rules of the west to complicate polygamy practise and legalized prostitution. Therefor, this study aim to examine and analyze the rules of KHI regarding polygamy from sharia aspect, social, cultural, welfare and others. Also, analyze and critize the views and thoughts of dayah scholar about the rules of polygamy in KHI.

Studi Tafsir QS. al-Nisâ’ Ayat 3 tentang Keabsahan Poligami

In Islamic Law monogamy and polygamy got a legality. Interpretation about letter al-Nisâ’ clause 3 is basically talking about the principle of monogamy and terms in order to make polygamy. Husband is not allowed to practice polygamy if they worry can not do justice. Referring to lafaz? shart?iyyah ‘wa in khiftum’ which is also affirmed in subsequent lafaz? namely ‘allâ ta’dilû’. Exegetes requires legitimacy of polygamy mentioned in the letter al-Nisâ’ clause 3 if the husband could do justice. Generaly this review explain about the Interpretation of letter al-Nisâ’ clause 3 according expert of tafseer. But more than its there are many analysis from fikih, ordinance as like UU Perkawinan 1974, social fenomena, feminism analyst, and the methodology of exegesis. Among the selective opinion judicial formally prove the husband can be fair or not is al-Marâgî with additional terms likes if; the wife is barren; the husband has a high sexual desire; the husband has enough assets to cover all the needs of the family; and if the number of women more than men, which may occur as a result of the war. Thats are capacity requirement for husband want to get the legality of polygamy

MATERIALINĖS SANTUOKOS SUDARYMO SĄLYGOS LIETUVOS DIDŽIOJOJE KUNIGAIKŠTYSTĖJE IKI XVI A.

The interaction between the canon law and secular law governing the rules of one of the key social institutions, i.e. the family and marriage, is a relevant and significant subject. The impact of Christian canon law on the marriage institution in the Grand Duchy of Lithuania has not been sufficiently studied. The present article contains an analysis of the legal rules of marriage effective in the GDL and established in secular law, as well as their dynamics under the influence of the Christian canon law. The object of this research refers to the material conditions for entering into marriage in the Grand Duchy of Lithuania before the 16th century, and the impact of Christian canon law on their development. Before introduction of Christianity, the marriage in the GDL was likely to be formed based on the customary law. Once Lithuania accepted christening in 1387, the Grand Duchy of Lithuania became a Christian country where the Orthodox and Catholic canon law applied across its entire territory. There was a period when marriage could be formed both under the customary and canon law, since the Christianity and new law gained ground in the society only gradually. For instance, the Orthodox Church demanded that marriage with the first wife should be legalised, i.e. repeatedly formed at church with the aim of banning bigamy. The Christian canon law is recognised as one of the sources for the Statutes of Lithuania which were the main legal code of the GDL in the 16th century. The fundamental preconditions for entering into marriage in the Grand Duchy of Lithuania were a free will of future spouses, adequate marriageable age, the principle of monogamy, absence of consanguinity and affinity, the same religion of future spouses, and a mental state. The canon law altered understanding of the principle of a free will of marrying couples, and most likely as a result of the influence of canon law, the marriageable age of women was reduced to 13 years of age. The requirement regarding one’s mental state appeared under the influence of the canon law. The Christian moral principles did not tolerate intermarriage between close relatives or even their intimate relationships which used to be permitted in the period of customary law. Some conditions for marriage were differently treated by the Orthodox and Catholic canon law, e.g. unlike the Catholic canon law, the Orthodox canon law effective in the GDL required a parental consent as a mandatory precondition to form a valid marriage, and did not recognise secret marriages. A sexual intercourse mandatory under the Catholic canon law was not considered necessary to enter into valid marriage under the Orthodox canon law. Determining of the upper and lower marriageable age limits also varied.

The Concubine in Republican China: Social Perception and Legal Construction

Beginning in the late nineteenth century, the question of whether concubinage violated the principle of monogamy arose in legal and public debates. Late imperial views of the concubine as a minor wife continued to influence popular views of the concubine in the Republic, leading many to condemn concubinage as bigamy. Hoping to circumvent the monogamy issue, Republican jurists who wished to continue the legal tolerance of concubinage created the new category of household member. The dual identities of the concubine— as minor wife and household member— reflect social and legal responses to the challenge posed by the new meaning of monogamy and reflect the tensions both within and between law and society.