Rights Of Wife Research Articles

Analysis of the wife's rights in the process of childbearing based on the right of Saltanah on body

جایگاه زن در جامعة امروزی اقتضا می‌کند که با توجه به حقوق تثبیت‌شدة وی از گذشته، حقوق اثبات‌پذیر و درخور شأن او نیز واکاوی و بررسی شود تا در پرتو حقوق مذکور بتواند در مسیر حفظ نفس و نسل حرکت کند. مسئلة فراروی جامعة امروزی در خصوص دعاوی زوجین در امر باروری و توجه به حق استیلاد، که با توسعة تکنولوژی­های کمک­باروری و همچنین روش­های جلوگیری از بارداری روزبه­روز روبه‌افزایش است، اثبات این حق زوجه را از مباحث در خور واکاوی قرار داده است. قاعدة سلطنت در تصرفات ما هو مشروع (مشروط به عدم منافات با حق اختصاصی زوج در تمکین خاص)، شرط ضمن عقد (مقیدکردن عقد به استیلاد یا عدم آن) و قاعدة لاضرر مبنی بر اثبات حکم از جمله ادله و مبانی‌ای است که جهت اثبات حق استیلاد برای زوجه می‌توان بدان استناد کرد. این پژوهش به روش اسنادی و با استفاده از روش توصیفی ـ تحلیلی انجام شده است. حقوق اثبات‌شده برای زنان شوهردار در فرض عدم تمایل زوجه به فرزندآوری، حق پیشگیری از فرزندآوری با استفاده از روش‌های مختلف غیر از عزل و در فرض تمایل زوجه به فرزندآوری نیز در صورت عزل زوج و عدم تمایل وی به فرزندآوری، حق باروری زوجه به‌وسیلة زوج است. همچنین حقوق اثبات‌شده برای زنان غیرباکرة بدون همسر یا شوهردار همراه با رضایت زوج (در فرض تبعیت مالکیت منافع از اصل مالکیت رحم)، ازجمله اجارة رحم و کسب منفعت از این طریق است.

The Division of Community Property in Polygamy that Gives Legal Protection to the Wife

Article 35 of the Marriage Law paragraph (1) states: Community property is property acquired by a couple during marriage. KHI article 94 states that community property in polygamous marriages is separated and independent. However, there is an opinion stating that article 94 is unfair for first wife, because they received the least portion among the other wives. In fact, first wife accompanied her husband for a longer time, and continued to accompany him in the next marriage. Of course it is considered unfair because first wife suffer the most, especially in terms of mental condition, because no woman is actually willing to share her husband with other women. The technical administration and technical guidelines for the Religious Courts are applied in the Religion Court based on the decision of the Chair of the Supreme Court of Republic of Indonesia Number: KMA/032/SK/IV/2006 concerning the implementation of "Book II Guidelines for Implementation of Duties and Administration of Religious Courts". It has been revised in 2006, 2010, and 2013. It was incomplete norm because Marriage Law does not explain the division of community property in polygamous marriages. It only contains the requirements of polygamy, so that it is not legal and could not protect the wife. The research method used by the author in this study was normative or doctrinal legal research. It was concluded that division of community property is the absolute requirement in polygamy, in order to protect the rights of wives. It is based on Marriage Law, Compilation of Islamic Law and Supreme Court Decision of the Republic of Indonesia Number KMA/032/SK/IV/2006. In terms of polygamy, Religious Courts also provide a verdict in the form of stipulation of community property. This is in line with the concept of legal protection which provides protection through legal certainty and guarantees justice for wives. Keywords: legal protection, polygamy, community property. DOI : 10.7176/JLPG/94-23 Publication date : February 29 th 2020

Hak Istri Menolak Rujuk Perspektif Islam dan Gender

Abstract:
 Studying the problems of women in various fields, especially marriage, always faces its own challenges. The lack of wife's rights in marriage gets some contradictions from a gender perspective. Did not rule out the possibility of connection with the wife's right to refuse reconciliation. This paper synergizes Islamic and gender perspectives on the issue of wife's right to refuse reconciliation. Efforts are being made to identify the shifts related to the classical fiqh formulation into a more egalitarian formulation according to the guidance of modern times. In addition, the next effort is to identify a new business of reasoning from the abstract domain to concrete rules. There are two steps that can be done, namely by analyzing the problem using the theory of equality and gender justice and the theory of maslahah from the perspective of several competent figures in their fields. From this, this paper confirms the similarity of perception between the aims of Islamic teachings (maqasid ash-shari’ah) and gender equality and human rights, that is the right for anyone to consider everything that will be done as long as it brings benefit.

Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

Taklik Talak dan Akibat Hukumnya dalam Kompilasi Hukum Islam Perspektif Teori Feminis

Taklik talak merupakan janji suami yang digantunkan pada empat keadaan, yaitu meninggalkan istri dua tahun berturut-turut, tidak memberikan nafkah wajib tiga bulan lamanya, menyakiti badan istri, serta tidak mempedulikan istri enam bulan lamanya. Apabila empat keadaan tersebut terwujud, maka telah terjadi pelanggaran taklik talak. Pelanggaran taklik talak melahirkan akibat hukum khuluk yang berimplikasi lepasnya hak-hak istri atas nafkah iddah dan mut’ah, dan istri wajib membayar uang tebusan talak. Berdasarkan latar belakang khuluk yakni pelanggaran taklik talak terindikasi Kekerasan dalam Rumah Tangga, dan akibat hukum yang menyertainya, maka hukum diskriminatif dan menempatkan wanita pada posisi rendah. Keadaan demikian adalah bentuk ketidaksetaraan gender. Aliran Feminis menentang keras ketidaksetraan gender dalam hukum khususnya Feminis Legal Theory. Feminis Legal Theory adalah aliran gender yeng berfokus pada kritisasi hukum bias gender.

FASAKH NIKAH DENGAN ALASAN SUAMI MISKIN (Studi Perbandingan antara Ulama Syafi’iyyah dan Hukum Positif di Indonesia)

In a family sometimes painful actions arise from involuntary causes (not intentionally), not on the wishes of the husband, such as because the husband is poor or poor so he does not have a living to fulfill his wife's rights in the form of food, clothing and home at a certain time, which makes the wife ask to part with her husband through the divorce (fasakh) path. Regarding the problem of the wife asking for fasakh (carrying out divorce) by reason of a poor husband there are differences of opinion between the Syafi'iyyah Ulama and Positive Law in Indonesia concerning the provisions that must be fulfilled by both. This study wants to answer the question of how the provisions of fasakh marriage are based on the reasons of poor husbands according to Syafi'iyyah Ulama and Positive Law in Indonesia. To get answers, the author uses primary data sources and secondary data. The research method that I use is Descriptive Comparative method that is research by analyzing and comparing opinions, reasons and interpretations of the arguments used as the opinions of the two groups. The results of the study indicate that the fasakh of marriage on the grounds of a poor husband according to the Shafi'iyyah Ulama is permissible and validly carried out on condition; 1) A wife who is married between being patient and divorced, 2) Judge's decision, in the form of; a. determination of poor status according to the provisions, b. giving an opportunity to a husband to work for a living, c. Fasakh implementation period three days after the wife reported. 3) Separated by reciting fasakh instead of divorce, and still having three times the right of divorce if in the future you want to remarry with a new contract. Whereas according to Positive Law in Indonesia fasakh marriage by reason of poor and permissible husband with conditions, 1) occur shikak between wife and husband, 2) wife make a divorce letter, 3) Decision judge namely proof of poor husband in a literal manner, 4) Court decision drop one bain sughra talak. From the explanation above, it can be concluded that the provisions of the fasakh of marriage by reason of poor husbands in the opinion of the Syafi'iyyah clerics are better and fair because they are supported by a strong foundation and are most in accordance with the soul, basis and principles of Islamic law. Therefore in Indonesia requires more explicit rules about fasakh (divorce) with the excuse of poor husbands.Keywords: Fasakh and Poor.

The effect of abuse of the using of husband for his righ to discipline his wife (comparative study between fiqh and law)

We have discussed the position of both Islamic jurisprudence and the law from effect of the effect of abuse of the the using of husband for his righ to discipline his wife , in Islamic jurisprudence, there are special effects that vary according to the method that the husband abused whether preaching, leaving or beating and there are general effects whatever the method used to the discipline of the wife. The personal status laws did not discuss this matter, but we can conclude the right of wife to divorce for this reason through expansion of texts discuss the divorce for damage. The positions of criminal laws in Arab countries differed in the recognition of the right of husband to discipline his wife, there are who explicitly recognize this right and there are who refers the matter to the provisions of Islamic low, and there are who silent about this matter although it mentioned the others reasons for using the right. Western criminal laws did not recognize the right of husband to discipline his wife, so he is fully responsible for any attack on his wife.

Perlindungan Hukum Terhadap Hak Istri Dalam Perkawinan Poligami Melalui Perjanjian Perkawinan

Marriage is carried out to form a happy and eternal family as a new stage of entering the real social life. Many things can happen in a marriage life. To avoid various problems in the future, the parties anticipate it by making a marriage agreement. Various problems that arise often result from the actions of the couple themselves for example, such as the desire of a husband who wants to have more than one wife or polygamy. With the marriage agreement, it is very helpful for the parties to resolve such problems because there is no agreement that the parties feel that they have been harmed because everything has been stated in the contents of the agreement. The problem is that there is a void of norms in Article 29 of the Marriage Law which regulates marriage agreements that do not explain how the rights of the wife occur in the case of polygamous marriages. This type of research is normative research. The type of approach used by legislation. The source of the legal material is primary legal material and secondary legal material. The legal collection technique is the technique of literature study and legal material analysis techniques, namely evaluation techniques and argumentation techniques. The results of the study indicate that there must be a joint agreement between husband and wife in making marriage agreements and by making a marriage agreement can protect the rights of wives who experience polygamy in their marriages.

Hak Ex Offcio Hakim: Studi Kasus Perceraian di Pengadilan Agama Sidoarjo No. 3513 Th. 2015

There are still many husbands who decide to divorce without giving the rights belong to their wives and the children they have. Whereas, the divorce does not mean removing the obligations of a husband toward his child and his ex-wife. In the process of examining cases in giving a verdict, a Judge would not give more than required judgment in the lawsuit of the petition. On the other hand, the Judge has an ex offcio right, so that the Judge may oblige the husband to fulfll the rights of divorced wives even though they are not in the the lawsuit of the petition. In Islamic law, the obligation is also determined. This study concludes that the judge in the divorce judgment in Sidoarjo religious court uses his ex offcio to decide the rights of the wife during ‘iddah’ and ‘mut’ah’ that is not requested by by her following these considerations: to give lessons to any husbands to avoid divorce; to guarantee a justice for any wives who got divorced. The application of ex offcio right of the judge in the divorce case in Sidoarjo religious court is in accordance with Islamic law in the process of charging the cost of living ‘iddah and mut’ah based on principles of justice and ma ṣ la ḥ ah mursalah, thus realizing the beneft to the former wife after being divorced

NIKAH SIRRI AND ITS RESPONSES FROM RELIGIOUS COURT: Taking Sides between Acceptation and Refutation

This paper describes on the regulation of nikah sirri and its responds from the various society, especially from the religious leader’s view in Madura. Criminalizing the subject of nikah sirri become debatable issues for Madurese community in the socially and religiously context. Either the acceptations or refutations for this case become the crucial point to discuss academically because both of responses supported by the logical argumentations. It considered as the progressive policy to minimize it cases and protect the rights of wife and children legally, socially and economically. In other side, the criminalizing regulation viewed as the overlapping law because it reduction the Islamic Law. In order to bridge this case, the leader communities played the significant role to mediate it through the legal frameworks. Furthermore, this paper aims to provide the position of criminalizing regulation for the subject of nikah sirri as well as the role of leader communities in Madura to mediate the differs argumentations behind it. In conclusion, the researcher believed that the leader communities in Madura have the opportunities to solve the problems of nikah sirri based on the religious, social and cultural reasons.

ANALISIS HUKUM ISLAM TENTANG PELANGGARAN PERJANJIAN PERKAWINAN

Abstract A marriage agreement in a marriage bond becomes important if it is actually exercised by the husband and wife and upon mutual agreement. However, the marriage covenant is not always obeyed by the husband and wife or there is a violation in it. T he consequences if there is a breach of the marriage agreement whether under Islamic law or positive law is the husband or wife who feels aggrieved over the offense may file a lawsuit either purely civil or place the breach of the agreement as a reason for divorce as in Article 51 Compilation The Islamic law states Violations of the Marriage Agreement give wife rights for the cancellation of marriage or to propose as a reason for divorce to the Religious Courts. Kata Kunci: Pelanggaran Perjanjian, Pernikahan, Hukum Islam

Post-Socialist Femininity Unleashed/Restrained: Reconfigurations of Gender in Chinese Television Dramas

In post-socialist China, gender norms are marked by rising divorce rates (Kleinman et al.), shifting attitudes towards sex (Farrer; Yan), and a growing commercialisation of sex (Zheng). These phenomena have been understood as indicative of market reforms unhinging past gender norms. In the socialist period, the radical politics of the time moulded women as gender neutral even as state policies emphasised their feminine roles in maintaining marital harmony and stability(Evans). These ideas around domesticity bear strong resemblance to pre-socialist understandings of womanhood and family that anchored Chinese society before the Communists took power in 1949. In this pre-socialist understanding, women were categorised into a hierarchy that defined their rights as wives, mothers, concubines, and servants (Ebrey and Watson; Wolf and Witke). Women who transgressed these categories were regarded as potentially dangerous and powerfulenough to break up families and shake the foundations of Chinese society (Ahern). This paper explores the extent to which understandings of Chinese femininity have been reconfigured in the context of China’s post-1979 development, particularly after the 2000s.

ADVOKASI HAK-HAK ISTRI DALAM RUMAH TANGGA PERSPEKTIF HUKUM ISLAM

Marriage gives material and immaterial rights to the wife in the household. But in social reality, many wives do not enjoy the rights of material and non-material, because the husband does not carry out his obligations responsibly. Therefore, forms of Islamic legal protection of the rights of the wife must be studied. The analysis focuses on advocacy for the rights of wives for dowry, living fulfillment, and a sense of security, in the perspective of Islamic law, to better protect the wife.

العيوب الجسدية المثبتة لحق الزوجة في طلب التفريق في الفقه الإسلامي و قانون الأحوال الشخصية الأردني : دراسة فقهية مقارنة = Body Defects on the Constancy of the Wife's Rights in Asking for the Divorce in the Islamic Jurisprudence and the Jordanian Personal Status Law : Comparative Jurisprudent Study

العيوب الجسدية | أقسام العيوب | خيار الزوجة في الفسخ | شروط الخيار | أثبات خيار العيب | وقت النظر في خيار العيب | نوع الفرقة بسبب خيار العيب | سقوط حق الخيار | Body Defects | Wife's Rights | Islamic Jurisprudence

PERNIKAHAN DENGAN WALI MUHAKKAM (Studi tentang Implikasi dan Persepsi Ulama di Kota Banjarmasin)

Marriage ideally using guardian nasab who still have blood relations with the bride. But there are many obstacles that cause the marriage cannot use the guardian nasab. In that situation, the guardian is replaced by the magistrate guardian. But some people want to take the easy path by treat Ulema, religious teacher, or certain figure as guardian Muhakkam. Basically, they are not entitled to be the marriage guardian, but this marriage practices are still occured, including in Banjarmasin. Is paper examines the issues of guardian nasab and muhakkam in the marriage. This paper results indicate that the reasons of using guardian muhakkam in marriage are because of the reluctance to deal with magistrate guardian and the desire to take the easy path in marriage. In the opinion of Ulama, that marriage is not valid because there is still a magistrate guardian authorized. Besides, that marriage causes a lot of disadvantage, especially for the wife. It is because the absence of legal force (marriage certificate), the difficulty to sue the rights of wife and child, and the difficulty to have a birth certificate.

Reformasi hukum keluarga di dunia Muslim

This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

Hak-hak Perempuan dalam Pernikahan Perspektif Tafsir Sufistik: Analisis terhadap Penafsiran Al-Alusi dan ‘Abd al-Qadir al-Jilani

The major problem discussed in this article is the presence of domestic violence conducted by husbands towards their wives in their marriages. Several verses of the Qur’an have been used to legitimize these arrogant actions. Using religious texts and culture of patriarchy, domestic violence seems to persist. This article discusses the interpretation of some verses of the Qur’an, especially the mystical interpretation, which is related to the rights of wives in marriage. Two mystical interpretations are the case of the study, i.e., Ruh al-Ma‘ani of al-Alusi and al-Fawatih al-Ilahiyya of al-Jilani. This article describes analytically and critically explores the ideas of al-Jilani and al-Alusi about women’s rights in Islam.

Meredam Kemelut Kontroversi Nikah Sirri (Perspektif Maslahah)

At first Islamic-either the Koran or the as-Sunnah are not set in concrete, about the recording of marriage. This is different from the verse muamalah that in certain situations instructed to record it. This is sometimes the legitimacy of certain circles for a wedding or marriage is not registered under the hand (Sirri). Demands of development, with a variety of benefit consideration, the Islamic law in Indonesia, set it as in the discussion of this article. Therefore, discourse is also important that the recording of marriage is a way to protect the rights of wives and children. Because Indonesias strong evidence that marriage is a marriage deed itself. Even the public also needs to be given the understanding that marriage is not listed on the side is not legal under the state also is not valid according to religion. Furthermore, from the standpoint of the State legislation, should be given criminal punishment for couples who do marry are not listed. Normal 0 false false false EN-US X-NONE AR-SA /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:Arial; mso-bidi-theme-font:minor-bidi;}

Menjamin Hak Perempuan dengan Taklik Talak dan Perjanjian Perkawinan

The concepts of taklik talak and/or marital agreement have been recognized in Indonesia for long time. However, those who are knowledgeable of them are still limited to certain people. Since the first time until their appearance in the Marriage Law and regulations, the taklik talak and/or marital agreement have been intended to guarantee the rights of wives and to protect them from discriminative and arbitrary actions of husbands. Despite their long existence, the concepts have not been fully conceived by society in general. This lack of understanding of the concepts has been caused by lack of socialization, and therefore, the socialization should be continuously and substantially done. Keywords: marital agreement, wives, discriminative and arbitrary, socialization.

Le douaire en droit coutumier ou la déviation d'une institution

Dower was a rather peculiar institution of the old French customary law that, according to some, still subsists in modern Quebec law. At first blush, dower seems to be in complete opposition to the main thrust of old French law, whose primary- concern for the protection of lineage allowed hardly any right to be created in favour of spouses. Indeed, dower granted to the wife important rights, bearing on the husband's biens propres, i.e. property coming from his lineage or not included in the community and therefore normally entitled to the strictest protection. The wife's rights consisted in a usufruct on one-half of the husband's bien propres. Considering both the basis and the extent of those rights, therefore, dower appears as a most unusual provision in favour of the wife. The advantages of dower were, however, more apparent than real. This comes out clearly when one examines the rights of children under the dower, as well as the manner in which the institution was transformed. Dower then appears as a mere reduction of the rights of full ownership previously vested in the wife. Such reduction favoured the children, who emerged as the main beneficiaries of dower. They were the owners of the property upon which bore the wife's usufruct. And their rights were safeguarded as against every other party, including their mother and father, as well as the latter's creditors. The history of dower therefore illustrates the manner in which legal institutions may be transformed to suit changing ideas and mores.