Rights Of Wife Research Articles

THE RELATIONSHIP OF HUSBAND AUTHORITY TO THE WIFE POLITICAL RIGHTS

This research aimed to show the relationship of husband authority in the form of intervention on wife political rights. The collection of data was carried out through interviews, observations, and literature studies in order to help answering the research questions. The results showed that the husband intervened in his wife's political rights. This was what escaped the attention of governments and gender drivers in protecting the political rights of wives. So far, the government has not maximally protected the rights of wives in the public sphere. Whereas the private/family institution is the root of the wife's political rights being unprotected. Thus, the family institution becomes the first place to lose the wife's independence in obtaining her political rights.

The Concept Of Munakahat Fiqh; Role Of Husband And Wife In Forming A Samara Family (Sakinah, Mawadah, Waromah) Version Of Dhau Al-Mishbah Fi Bayani Ahkam An-Nikah By KH. Hasyim Asy'ari

This research aims to discuss the role of husband and wife in forming a samara family in dhau al-mishbah fi Bayani ahkam an-nikah by KH. Hasyim Asy'ari. This research is a research library, while the approach used in this study is Content Analysis. The data collection technique used is the documentation technique. After conducting in-depth research, it was concluded that to make a samara family needed an excellent synergy between husband and wife. Obligation to form a samara family cannot only be imposed on the husband or wife alone, but both parties have their respective roles that must be carried out proportionally and professionally. The part that the husband must carry out is that the husband must reasonably associate with his wife, fulfil his wife's rights well, live physically and mentally, be patient with his wife's bad behaviour, provide education for his wife, especially education about sharia. 'at religion of Islam. The role that wife must carry out is to obey the husband's orders (as long as the order does not violate Shari'ah), the wife must always try to please her husband, look as beautiful as possible by maximizing her potential, must be trustworthy and not betray when her husband is not at home.

RELASI HAK DAN KEWAJIBAN SUAMI ISTRI UPAYA MEWUJUDKAN KETAHANAN KELUARGA PADA MASA PANDEMI (Di Desa Bondolharjo Kecamatan Punggelan Kabupaten Banjarnegara)

The relationship of husband and wife rights and obligations is a mutually supportive relationship because of the love to continue their domestic life. One of the factors that affect family resilience is related to economic income. In normal times, resilience goes on as usual, but during a pandemic, the income side of the economy undergoes changes that can cause maintaining a family to shift. Families of casual daily workers in Bondolharjo village, Punggelan sub-district, Banjarnegara district during the pandemic are trying to focus on building their family's resilience during the pandemic. With the aim that his family is resilient and able to fight in facing the challenges that occur today. The analysis of the rights and obligations of husband and wife for families of casual daily workers in Bondolharjo village in an effort to realize family resilience during the pandemic has led to an equal direction, sharing work and one party does not govern or adapt to his desires and needs to win on his own. Married couples agree to share work and daily activities, take responsibility for their respective jobs and obligations, and fulfill responsibilities together.
 

A Legal Study of Dowry Cases in India

Since the last decade, there has been an increase in the misuse of dowry law's un-exempted provisions, leaving the other party with a significant financial loss. Due to a collision of hard rules of law and a lack of evidence, a long-delayed dowry case has been pending in district courts. Even after filing a complaint, a woman can still claim and file additional claims as a wife's rights, such as maintenance, which places a manageable financial burden on the man, regardless of his financial or social status. Women utilise Section 498A and the Dowry Act as weapons against their husbands by filing bogus complaints. Section 498A of the Indian Penal Code allows a husband, his parents, and relatives to be charged with cruelty to a woman in order to meet their illegal demands (dowry). In most cases, the husband, his parents, and relatives are arrested without a thorough investigation and imprisoned on non-bailable terms. The NCRB's "Crime in India" study classifies offences under numerous IPC headings. When comparing the conviction rates of all the categories, cases filed under Sec 498-A (Cruelty by Husband and Relatives) have one of the lowest rates. The conviction rate in Sec 498-A cases was in the bottom three in nine of the ten years. This research focuses on the effects of dowry law abuse on men, which has long been overlooked. In India, the trial courts are simply doing their job by setting hearing dates and the husband and his family members are paying the price for this delay, which is causing their lives to deteriorate without their fault. This study aims to count the loss of a man and his family on a monitoring and social level, focusing on cases that have been pending for a long time in the trial courts.

Mispersepsi Kewajiban dan Hak Suami Istri di Masa Pamdemi

This paper explains the importance of avoiding misperceptions between husband and wife's rights and obligations during a pandemic. The life of husband and wife requires the fulfillment of the obligations and rights of each partner. The lack of satisfaction of each partner can trigger household disharmony to the point of causing divorce, especially the Covid-19 pandemic condition which causes life instability in several aspects. This research is a literature and conceptual study. The results of the analysis show that first; it is necessary to strengthen communication that is increasingly intense for married couples due to the negative impact of the covid-19 pandemic; second; Understanding religion is the main foundation in achieving household harmony.

Legal Consequences of Underage Marriage (Case Study of Elopement of Bajau Tribe in Lagasa Village, Muna Regency)

Marriage Law in Indonesia is regulated through Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Through this Law, the provisions of the general public, Article 7 (1) Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. (2) In the event that there is a deviation from the age provisions as referred to in paragraph (1), the parents of the male and/or female parents may request a dispensation from the Court on the grounds that it is very urgent, accompanied by sufficient supporting evidence. However, in reality in the community, especially in the village of Lagasa, Muna Regency, there are other phenomena that are contrary to the law on underage marriage, this research uses the empirical legal research method. have not met the applicable legal requirements, other legal consequences of course from unregistered marriages have implications for the civil rights of wives and children later in life. Keywords: Marriage, Minors, Lagasa Village DOI: 10.7176/JLPG/117-01 Publication date: January 31 st 2022

Statistical Analysis on Dowry Cases in India

It has been seen from the last decade that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of other additional things as a right of wife like maintenance which leads to makeable financial burden on man irrespective of his financial and social position. Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three. This study concentrates on the effects of misuse of dowry law on man which has always been neglected. In India the trial courts are just filling their duty by giving dates of hearing and due to this delay the husband and his family members are paying which deteriorates their life without any fault. This research aims to count the loss of man and his family on monitory and social term specially the cases pending long before the trial courts.

Protection of a wife’s rights against the elements of narcissism and gaslighting in domestic violence

This study constructively focused on the polemic in a household regarding the impact of the COVID-19 pandemic that hits the world. For example, China experienced a high number of divorce cases during the emergency order period. In Malaysia, during the Movement Control Order (PKP), a number of wives lodged a significant number of complaints of conflict or domestic violence to the Malaysian Islamic Development Department (JAKIM). This indicates the existence of domestic conflict on a large scale. This study is timely to examine the causes of domestic violence conflict. The second objective is to identify the rights of wives in the household and the third, to propose a standard procedure of a nurturing household to the State Religious Affairs Department. This study used a qualitative methodology. The content analysis method was used with materials that were significantly library-sourced consisting of primary and secondary data. Primary data were collected from the book of fiqh to clarify the rights and responsibilities of the wife in the household. Secondary data is based on published material, such as textbooks, journal articles, online databases and the Internet. For analysis, this study used a combination of data analysis methods, namely descriptive, critical and comparative approaches.

Hak Isteri terhadap Harta Bersama dalam Perkawinan yang Putus Karena Kematian

Inheritance law is very closely related to the scope of human life, because every huma n being drill definiiely experience a legal event called death related to the problem of how to manage and continue rights and obligations ofa person who dies. This siudy aims to identify a wife's rights io joint property in a marriage that has been broken up due to death. The be of research used is a normative legal research method with a siaiuiory approach. Technique of collecting legal serials uses Documeiiiaiion Studies and Literature Studies. Results of windy show that the wife's right to joint property in a marriage that is broken up due to death, namely the wife has a half right to propert y because the property is obtained from results obtained from cooperation carried out by wife and husband who are already bound in marriage from the beginning of marriage to end. my husband has passed array. The legal remedy that can be taken by the wife is litigation, which is the seiilement of disputes in court and now-litigation, namely the senlement of dispWee outside the conn.

EKSEKUSI PUTUSAN PENGADILAN AGAMA KOTA YOGYAKARTA TENTANG MUT'AH PADA KASUS PERMOHONAN CERAI TALAK

This paper tries to examine related to the fulfillment of mut'ah which is applied in the Religious court of Yogyakarta City namely to find out how the efforts and solutions given by the Judge regarding the fulfillment of mut'ah. in order to achieve the objectives of law enforcement in the form of justice, benefit and legal certainty. This research is a field research, namely examining in the religious court of Yogyakarta City. The nature of the research used is prescriptive. The approach used in this research is the sociology of law approach with the method used from satjipto Raharjo's theory of progressive law and maslahah mursalah theory. Based on the research, it was found that the efforts and solutions related to mut'ah were carried out by religious court of Yogyakarta city, namely by fulfilling the wife's rights in the form of mut'ah given before the divorce pledge, including the burden in the verdict and also giving advice so that the husband voluntarily fulfills the mut'ah and the judge plays an important role with his Ex officio.

STUDI PENERAPAN SEMA NO. 1 TAHUN 2017 DI PENGADILAN AGAMA TALU

The Supreme Court Circular No. 1 of 2017 aims to provide legal protection for women's rights after divorce. But in its implementation women's rights are neglected. Wives are often in an attenuated position. The problem in this paper is between the expectations and challenges of the execution of the living in the pronunciation of the divorce pledge no. 121/Pdt.G/2018/PA TALU which is not carried out by the husband. The research method uses a gender analysis approach. Data is collected based on observations, interviews and documents. The findings in this study are three conditions in which all three cannot provide justice to women's rights. First; the husband does not execute the judge's decision on the obligation of living set by the judge of the Talu Religious Court, the pledge of divorce cannot be carried out, the marriage remains valid but the husband and wife are not home anymore and the wife never again earns a living. Second; If the sincere wife does not get her rights after the divorce, then the judge can witness the divorce pledge of the husband finally occurs divorce. Third; when the research was done the husband had done siri marriage. Women become psychologically and materially victimized in the absence of efforts to seek justice (dead ends). The best solution is to expect the husband's awareness of his responsibility to provide a living which is his obligation, will be accounted for before Allah SWT. In certain circumstances divorce is the best solution so that both regardless of the burden of birth and mental suffering, do not cause greater mafsadah. SEMA's goal of protecting the rights of wives is not in fact also achieved.

Telaah Hadits Hak-Hak Istri Dalam Rumah Tangga

Conflict in the household is a normal thing. Usually, conflicts in the household are caused by husbands' and wives' rights that have not been fulfilled. This study aims to examine the quality of the hadith regarding the rights of wives in the household. The literature review method is used in this research. Researchers found several matan of hadiths that explain the rights of a wife in the household narrated by Abu Dawud. The hadith that describes the rights of the wife in the household, the history of Abu Dawud has a good sanad quality, has a good matan quality, and meets the criteria of sahih hadith. Furthermore, this study's results will benefit society; especially will benefit husbands, to fulfill their wives' rights in the household.

AGENSI HAKIM PENGADILAN AGAMA BANGKALAN DALAM PEMENUHAN HAK ISTRI PASCA CERAI

The Bangkalan Religious Court report in 2019 stated that there were 1051 cases for judicial divorce, while 694 cases for talaq divorce. Based on the increasing number of divorce cases every year, the Religious Courts are required to be able to resolve Islamic family law issues in accordance with the sense of justice for the litigants. This research is a text-based study through reading court decisions from a gender perspective. This study aims to: (1) identify the implications of a legal divorce for the wife's rights after divorce; (2) Identifying the suitability of legal products in the Bangkalan Religious Court regarding the rights of wives after divorce with gender justice. This type of research is qualitative research with field research through data search in the Bangkalan Religious Court. The nature of the research is descriptive-analytic using a gender approach with indicators of maslahah, including: not based on stereotypes, does not result in marginalization, does not result in gender-based violence, is not based on subordination. The results showed that the legal product in the Bangkalan Religious Court regarding the rights of the wife after divorce was in accordance with the principle of gender justice because the judge sentenced the ex-husband to pay for the mut'ah or iddah income for the plaintiff based on the ex-officio rights of the judge and based on the request of the ex-wife on the petitum lawsuit and at the conference lawsuit.

ضوابط الاختلاف حول الأموال المشتركة بين الزوجين وآثاره

There is no doubt that the marital rights between the spouses stemming from this sacred covenant vary between purely material rights and moral rights that include both spouses, and among these rights are funds related to the Muslim family, which arose with this construction and the sacred covenant, the provisions of Islamic law have preserved the rights of The financial wife imposed her dowry, and obliged the husband to support and accommodation for the wife. Taking care of her and maintaining herself and her body, and through this financial care for the rights of the wife and the woman’s enjoyment of financial responsibility independent of the husband, the common money between the two spouses may arise through the course of life between them, and it is known that the marital contract in Islam ends with one of only two: divorce or death, and so on. They have implications for joint funds; From here comes the importance of this study to solve the problem of disagreement over joint funds.
 the importance of studying .
 The shared money between the spouses is of great importance in the stability of the family and the building of society. Therefore, attention must be paid to the reality of the joint money, how it is managed, and the controls that govern it when disagreeing, so that the financial rights of both spouses are not lost. Which may negatively affect the stability and development of society.
 Objectives of the study :
 The study seeks to achieve a set of goals that would achieve balance in the issue of joint funds, and among these goals.
 1- Attempting to find an accurate definition of the shared property between spouses
 2- Establishing rules and controls for dealing in joint funds
 3- A statement of the legal adjustment of the joint property of the spouses
 Research questions :
 Several questions revolve around this problem, including the following.
 1- If the marital contract occurred and ended, then what is the fate of the common property between the spouses?
 2- What is the matter if a dispute occurs between the spouses about this money?
 3- What are the controls that can be referred to when the difference occurs?
 Through this research paper, we try to answer these questions in order to arrive at a legal adaptation to the problem of disagreement about the joint money between the spouses, and to explain the implications of that. By studying this topic in the following pages.

IMPLIKASI INISIATIF PERCERAIAN TERHADAP HAK NAFKAH ISTRI

AbstractDivorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.

Poligami di Malaysia dan Indonesia Serta Relevansinya dengan Pemenuhan Hak Gender

This paper aims to find out the provisions of polygamy in Malaysia and Indonesia related to the protection and fulfillment of wife's rights from a gender perspective. The method of writing this article uses a comparison, by comparing the provisions of polygamy in the two countries then analyzing it with a gender approach. The result is that both countries allow polygamy. However, the provisions on the permissibility of practicing polygamy in Malaysia and Indonesia place more emphasis on physical conditions. Such as reasons because they are barren, aged, crazy and cannot serve and carry out their obligations as a wife. The ability of polygamy prioritizes the fulfillment of the husband's rights by providing solutions for channeling the husband's sexual desire. Whereas in the historical context, polygamy was carried out on the grounds of religious preaching and protection of widows and orphans. This provision is a form of injustice and discrimination against wives. The wife in a weak position has no choice and is the victim of these regulations. For this reason, it is necessary to add polygamy permissibility requirements where the prospective wife to be married is a widow who has orphans.

The Existence of Confucianism in spousal relationship nowadays

Confucianism promotes "Fuchangfusui (Phu xướng phụ tùy)" which means "A wive must obey everything her husband says''. In Vietnam, the concept of husband and wife relationship is not exactly the same as "Fuchangfusui" initiated by Confucius. Culturally, Vietnam belongs to the group of countries influenced by Confucianism. However, since the feudal period, Vietnamese Confucianists have had many progressive views to affirm the position of wife towards her husband and towards her family. Husband and wife relationship in Vietnam has gained focus on obligations and responsibilities of both husband and wife with the notion that "Women handle household chores, men take care of work outside". This article examines the existence of the Confucianism in husband and wife relationship in Vietnam today. The authors made a comparison between the husband's and the wife's rights of making decisions related to economy and other decision-making rights as well, using descriptive statistical analysis, Exploratory Factor Analysis (EFA) and Generalized Method of Moments (GMM); for this, the authors set up a system of equations and at the same time, to evaluate the extent to which Confucianism elements exist in husband and wife relationship in Vietnam today. The analysis results show that Confucianism still influences and affects family relationship, but its impacts and influences in the era of integration are blurred, not as profound as in feudal times or in the first half of the twentieth century. In other words, the existence of Confucianism still exerts its impacts on a majority of Vietnamese families in terms of husband and wife relationship. However, the perception of family members' standards of behaviors has changed due to the influences of modern industrial society.

Consistency between Musrenbang Results and Southeast Aceh District Government Work Plan (RKP)

This research presents the latest information on the analysis of Islamic law on the practice of fulfilling the rights of wives and children in the household among the Tablighi Jama'ah. This research is presented in a qualitative form with the approach of sociology of law (Islamic law). This study uses Islamic law (mashlahat theory) as an analysis tool in analyzing research data. In the end, this study concluded that the rights and obligations of husband and wife and children in the household among the Tablighi Jama'ah were actually subject to and did not differ from the provisions of Law No. 1 of 1974, KHI and so from the opinion of Imam Shafi'i, although in reality related to the Tablighi Jama'ah policy, especially when selecting members who want to leave the khuruj still needs to be improved so that there are no more members of the jama'ah who are mentally incapable, especially financially making khuruj, so this does not impact on the non-implementation of the obligations of the husband in the household and the poor image of preaching khuruj in the midst of society, especially the city of Medan.

Fulfillment of Wife and Child's Rights in the Tabligh Family (Case Study of Khuruj against the Jama'ah Tabligh Medan Area and Medan Helvetia)

This research presents the latest information on the analysis of Islamic law on the practice of fulfilling the rights of wives and children in the household among the Tablighi Jama'ah. This research is presented in a qualitative form with the approach of sociology of law (Islamic law). This study uses Islamic law (mashlahat theory) as an analysis tool in analyzing research data. In the end, this study concluded that the rights and obligations of husband and wife and children in the household among the Tablighi Jama'ah were actually subject to and did not differ from the provisions of Law No. 1 of 1974, KHI and so from the opinion of Imam Shafi'i, although in reality related to the Tablighi Jama'ah policy, especially when selecting members who want to leave the khuruj still needs to be improved so that there are no more members of the jama'ah who are mentally incapable, especially financially making khuruj, so this does not impact on the non-implementation of the obligations of the husband in the household and the poor image of preaching khuruj in the midst of society, especially the city of Medan.

Understanding the Rights of Wife in The Law Number 1 of 1974 About Marriage Among the Terrorist Wives in Central Java

AbstractThe terrorist or ex-terrorist wives in Solo have experienced diverse conditions after their husband officially becomes a terrorist prisoner who has been lived in jail. The Rights of Wife in Law No. 1 of 1974 about Marriage among terrorist wives in Solo have sharpened the analysis on how their level of perception of the wife’s rights that regulated by Law No. 10 of 1974. This study aims to reveal the reality of cases that took place with terrorist wives related to the fulfillment of their rights as a wife regulated by law, and to categorize their marital status related to the validity in a positive law (whether the marriage is registered or not in The Office of Religious Affairs (KUA)). Besides, this paper also wants to explore the terrorist wives' understanding who are legally married in KUA regarding their rights which are highly protected by the law. This research uses a qualitative method which aimed to find concepts and theories, and library research by applying the empirical or sociological legal approach. Data sources used are Primary Data, namely the terrorist prisoner’s wives in Solo, and secondary data from the Marriage Law (Law No. 1 of 1974), Compilation of Islamic Law (KHI), books, journals, articles, views of legal experts, and the results of other paper and writings related to the problems that become the subject in this research discussion. The descriptive data analysis method aims to figure out systematically, factually and accurately the facts about the understanding of terrorist wives related to their rights in the Marriage Law (Law No. 1 of 1974). After analyzing and interpreting the existing data, it can be concluded that the terrorist prisoner wives in Central Java have a fairly good understanding of their rights as wives regulated in Law No. 1 of 1974. If only there are rights that undermanned by them for the unfulfilled obligations by the husband, then it is caused by their sincerity attitude towards the husband status who becomes a prisoner. The religious doctrine that is strong enough makes the prisoner’s wife do not ask many of her rights, both physical and mental rights that are not well fulfilled. For them, the status of a husband to become a terrorist prisoner is a Shari reason which consequences must be accepted sincerely.Keywords: Understanding, wife's rights, Terrorist Prisoner’s Wives