Rights Of Husband Research Articles

Pembuktian Kasus Hukum Perkawinan

This study discusses the issue of marriage according to civil law in Indonesia, especially related to the importance of marriage registration to ensure the validity of marriage and the legal impact arising from unregistered marriages. This study aims to identify relevant legal provisions in marriage cases, especially those related to unregistered marriages, otherwise known as sirri marriages. The method used in this study is normative juridical, with secondary data from literature studies. The results of the study show that unregistered marriages have the potential to cause various legal problems, both for married couples and children born from the marriage. The conclusion of this study emphasizes the importance of marriage registration as formal and legal evidence that protects the civil rights of husband and wife and children born from a valid marriage.

شروط ضمن عقد ازدواج در فقه حنفی و قانون مدنی افغانستان

In order to achieve justice, according to a healthy family and to protect the rights of husband and wife, Islamic law has established a set of general rules and regulations. Among the rights that Islamic Sharia provides for men and women is the right to condition in the marriage contract in such a way that it is not contrary to it. The purpose of this research is to study the conditions of marriage in Hanafi jurisprudence and civil law of Afghanistan; For this reason, the basic question in this regard is what are the conditions of marriage in Hanafi jurisprudence and civil law? To answer this question, analytical-descriptive method of library resources has been used. The findings of this research show that the conditions of the marriage contract in Hanafi jurisprudence include correct conditions, corrupt conditions and invalid conditions, and the correct conditions are conditions that are either in accordance with the requirements of the contract, or those that have been approved by the Shariah, or that are current in custom. If the conditions included in the marriage contract are among the correct conditions, the fulfillment of them is certain and the contract is also considered valid. According to Hanafi jurisprudence, if the conditions included in the marriage contract are corrupt conditions or invalid conditions, the contract is valid and the condition is void. The conditions of the marriage contract are not stated in detail in the civil law, but the rulings related to the marriage contract are mentioned sporadically. If the conditions included in the contract are against the law and the goals of marriage, the contract is considered valid and the condition invalid.

Implikasi Perjanjian Perkawinan Sebagai Perlindungan Harta Bersama Dan Hak Pada Suami Istri Sebagai Pelaku Usaha Persekutuan Komanditer (Cv)

This research aims to analyze the form of protection for joint assets and the rights of each party in the marriage agreement as well as the implications of the marriage agreement for husband and wife in limited partnership (CV) businesses. The research method used by the researcher is normative research with prescriptive research characteristics whose research approach is a statutory approach and a case approach. The data collection technique used is literature study, with the syllogism method and deductive thinking as an analysis technique. The results of the research highlight the role of marriage agreements as a form of protection not only for joint assets but also the rights of husband and wife business actors, especially CVs. Apart from that, it was also found that the marriage agreement was a form of protection from the risks associated with the CV business.

Pemenuhan Hak Suami Dalam Kitab Dlau Al-Misbah Fi Bayani Ahkam Al-Nikah Karya Hasyim Asy’ari

Husband's rights are a separate unit from several other rights and obligations that must be understood in the household. It is undeniable that households become a field of problems when husbands feel they are not getting their rights because the nature of husband's rights is not concrete and not in the form of material. However, it is more about the adab obligations of a wife. Many wives today are less concerned about their obligations. This is because the references or sources of religious knowledge are contained in large books so that not everyone can reach them. So, in the end, they are influenced by changes, some of which are contrary to the teachings of shari'a. This research has 3 objectives, namely first, knowing the fulfillment of husband's rights. Second, to know the thoughts of Hadlratus Shaykh Hasyim Asy'ari about the concept of fulfilling husband's rights. Third, to know the reality of fulfilling husband's rights from the perspective of Hadlratus Shaykh Hasyim Asy'ari in modern households. The research in this thesis uses library research (library reseach), and a character study approach. The use of personal documents as data sources, and documentation methods as data collection techniques. The results showed that the fulfillment of husband's rights was explained by Hadlratus Syaikh Hasyim Asy'ari in detail and easy to understand so that it could be used as a guide for wives who intend to get married. Among them are; 1) Obey the husband, 2) Behave well towards the husband, 3) Always ready to serve the husband, 4) Always reluctant to the husband, 5) Glorify the husband and the husband's family, 5) Keep yourself busy at home. Meanwhile, the fulfillment of husband's rights in modern households, there are things that are not in line with the thoughts of Hadlratus Syaikh Hasyim Asy'ari. Starting from a wife who is too active in the public world so that it seizes attention by not maximizing her role in the household as a wife and mother. Also the management of household assets that makes a wife a family bank, so that all financial assets or wealth are in the hands of the wife under the pretext of mere maintenance. In the end, the husband becomes limited to holding his own property.

Portrait of a Sakinah Mawaddah Warahmah Family in the Community of Lenggerong Village, Bantarbolang District, Pemalang Regency

Purpose – Creating a sakinah mawaddah warahmah family is a goal for every married couple. These efforts are certainly faced with various challenges and obstacles. This is experienced by some people in Lenggerong Village, Bantarbolang District, Pemalang Regency. This research aims to see how the portrait of a sakinah mawaddah warahmah family in the community of Lenggerong Village, Bantarbolang District, Pemalang Regency.
 Methods – This research uses qualitative research with a descriptive approach technique. The subjects and data sources of this research came from Mrs Sitih, Mrs Istiana and Mrs Eka Jayanti. The data collection techniques were interviews and observations.
 Findings – The results showed that the portrait of a Sakinah, Mawaddah, warahmah family is a calm family condition, mutual understanding, no turmoil, serene, happy and harmonious. The husband fulfils the obligation of physical and mental nafkah and provides love and affection to the wife. Meanwhile, the wife's obligations towards the husband or the husband's rights over the wife are, among others: Obeying the husband, taking care of yourself when the husband is not around, maintaining self-respect and protecting the husband's property.
 Research implications/limitations – Based on the results of the study, the researcher recommends that the authorities conduct socialization on the formation of a sakinah family, especially for married couples who are in a long-distance relationship in Lenggerong Village.
 Originality/value – The existence of this research is expected to be a praxis reference for the community in an effort to form a sakinah mawaddah warahmah family. The empirical experiences of the informants in this study are expected to inspire married couples in other communities to form a sakinah family.

Implementation of Husband's Rights to Annul Marriage Due to False Identity in the Religious Courts of Metro Lampung City

<em>At this time, in the contemporary and modernization era, it is easier for couples who want to get married, especially with economic conditions that have begun to recover from the influence of the pandemic, so this is very supportive of quickly achieving their desire to marry. For couples who have previously been married and want to remarry, of course there are other requirements that must be met. Thus, sometimes some couples take shortcuts in falsifying their identity, such as being a widow or a virgin, in order to achieve their desire to get married officially. This is not impossible, in fact, it often happens that prospective female partners deliberately fake their identities to be accepted by male partners who are still virgins. The main problem in this research is how to implement the husband's right to annul the marriage due to falsifying the identity of the prospective wife, as well as how the judge's legal considerations are in resolving this problem. This study uses qualitative research methods with a normative descriptive approach. Data sources are based on literature studies and court decisions which are then analyzed using the content analysis method. The research results prove that the husband's rights in cases of identity fraud by his future wife are protected by the state based on statutory regulations so that the husband can take legal action to defend his rights. The judge in this case has given appropriate legal considerations so that no party is harmed as a consequence of their respective actions.</em>

The Icrar of Talak as A Result of Mut'ah Imposition Perspective of Mashlahah Mursalah

The Marriage Law in Indonesia stipulates that divorce can only be done before a court hearing, therefore the validity of divorce outside the court is not recognized. To the husband who submits a divorce application, besides allowing the husband to declare divorce in front of the court, the panel of judges can also burden the husband with paying a number of obligations including in the form of mut'ah. In common practice, mut'ah is usually paid after the trial of the divorce pledge is completed, but since the issuance of SEMA Number 1 of 2017 which stipulates that judges can include in a decision that the obligation of mut'ah must be paid before the pledge of divorce, many judges then carry out mandate of SEMA Number 1 of 2017 on the grounds of providing legal certainty for women's rights. However, this actually becomes an obstacle for the husband to carry out the divorce vow if the husband is unable to make payments. However, the results of the study found that the non-implementation of the divorce pledge was due to the inability of the husband to pay the mut'ah burden that was required to be paid before the divorce pledge, so if viewed from the perspective of mashlahah mursalah it does not actually make this judge's decision unfair, as well as an order to pay mut'ah before the pledge of divorce being pronounced also does not make the decision unfair. In this case the judge has considered many things, not only consideration of the husband's rights but consideration of the welfare of the wife as well.

An Investigation of The Judge's Ruling on Divorce Due to Apostasy at The Religious Court of South Jakarta, Class IA (Maslahat Perspective)

The main problem of this study is an investigation of the judge's ruling on divorce due to apostasy at the religious court of South Jakarta, class IA (maslahat perspective). This study used qualitative research obtained through field research with a juridical approach. The data sources in this study were judges and clerks at the religious court in South Jakarta. Data collection was carried out through observation, interviews, and documentation methods. Meanwhile, technique processing and analysis of the data were carried out in three stages, namely data reduction, data processing, data presentation, and drawing conclusions. This study showed that: 1) The decision of the judge at the religious court in South Jakarta about the revocation of the marriage of the parties with the excuse of apostasy can be understood as the result of the petitioner, who is apostate. So that he was no longer able to create a sakinah mawaddah wa rahmah family. This has to be done to provide legal certainty and benefits for those who adhere to the Islamic religion. 2) The judge's legal consideration mentioned that the divorce has met the requirements for a good reason. 3) Legal consequences of the judge's ruling on divorce based on the reasons for Article 116 in Compilation of Islamic Law (KHI) points (a) to (g) and based on the reasons for divorce, Article 19 of the Government Regulation of the Republic of Indonesia Number 9 of 1975 about the implementation of Law of the Republic of Indonesia Number 1 of 1974 about marriage. It states that a true divorce will only result in the legal consequences of the extinguished joint property, the husband's rights, the obligation to live together, and parental rights; then it will result in the right of guardianship.

Hak dan Kewajiban dalam Sektor Domestik: Antara Fikih, Undang-Undang Negara Muslim dan Konvensi CEDAW

This paper aims to examine the rights and obligations of husband and wife according to the views of Islamic law, national law and international law. Using a comparative approach, this literature study concludes that rights and obligations are divided into three groups. Joint rights between husband and wife, husband's rights as well as wife's obligations, and wife's rights as well as husband's obligations. This grouping and also some of the rights and obligations contained therein are no different from the laws of several countries such as Indonesia, Syria, Jordan, Morocco, Algeria, and Yemen which have indeed adopted fiqh with talfiq or takhyir. There are laws in Muslim countries that have a gender pattern and are gender biased, while CEDAW guarantees women's rights by equating and equalizing their status with men. So, in essence, Islamic law, national law and international law both guarantee rights and obligations even though there are differences in viewpoints.

Nusyuz as the Cause of Domestic Violence: A Comparative Study of Islamic Law and Criminal Law

This article aims to explain the dynamics of Nusyuz as one of the reasons why domestic violence (KDRT) is allowed in the perspective of Islam, and further elaborates with a comparative study in the context of Criminal Law. This research uses a qualitative method with an approach to Islamic Law and Criminal Law in Indonesia. The data was obtained through in-depth exploration of regulations contained in the Qur'an, Hadith, laws, and other necessary legal sources through literature review and documentation. There are three main questions that this research seeks to answer: First, how is the legal regulation of Nusyuz in the context of Islamic Law; Second, how is the correlation between Nusyuz and domestic violence cases; Third, how is the settlement of Nusyuz cases related to domestic violence cases in the perspective of Criminal Law. This research shows that, first, the regulation of Nusyuz is very clearly stated through legal sources in the context of Islamic Law, but there are often misunderstandings in interpreting commandments, prohibitions, and choices of verses. Second, the correlation between Nusyuz and KDRT requires awareness of experiences of violence against women and close people in the household environment, although the phenomenon of violence against women is always identified with the nature of private space where the Nusyuz of husband and wife is a private space that, when known publicly, becomes a shame that must be hidden without considering the applicable legal provisions. Third, Nusyuz is often associated with cases of domestic violence if a wife who is nusyuz gives her husband various rights in treating her. Starting from the right to hit her, distance her, not provide her with good material and spiritual support, and finally the husband also has the right to divorce her. Of course, the wife remains the victim of exploitation, both physically, mentally, and sexually. This is exacerbated by the absence of clear rules in limiting the husband's rights, making it very possible for the husband to act arbitrarily in this matter. The solutions to prevent domestic violence include: First, understanding the obligations and responsibilities of both husband and wife in the household. Second, always being with the wife and inviting her to chat. Third, always saying good words and making her happy. Fourth, not hurting or hitting the wife in the face. The above things will not happen if the husband and wife understand their duties and responsibilities in the household and do not interpret verses as legal evidence for justifying domestic violence due to the inability to understand legal evidence that is sometimes only partially read.

The Childfree Phenomenon in Some Influencers

Decision to not have a child cause negative stigma social. The perspective of married couple that decide to not have child called childfree. Not having children is not a kind of new concept; many married couple in developed countries already make this choice. The married couple have a role from decision to not have child in their family life. It is because related to their reproduction things. Islam already discuss about rights of husband and wife to have a child. The author interested to conduct the research to study phenomenon about not to have children from the woman reproduction perspective rights in Islam from this phenomenon. Method used in this research was the library research with Juridical Normative approach. Data collection technique included documentation and the analysis used content analysis method. Decision to not have a child need to have deep consideration. One of the implementations of rights reproduction, especially rights to refuse pregnancy is a choice to not have a child. In order to implement this right, a household must adopt an idea about relationship between husband and wife. Decision to not have a child need to be discussed between husband and wife. Both of them, most important the woman, must be honest ​​about the reason they do not want to have child. So as not to harm either party, the reason must be accompanied with convincing basic justification.

Rights and obligations of husband and wife when having sexual relations in the book of Fathul Izaar and Qurrotul 'Uyuun

Sexual violence still occurs these days in the context of the household circumstances. Having viewed from the perspective of gender, Islamic law, as well as K.H Husein Muhammad's thoughts, it turns out that in sexual relations there are not only the husband's rights and the wife's obligations, but the wife also has rights and obligations that must be fulfilled by the husband. Fathul Izaar and Qurrotul 'Uyuun as books of sexology in Islamic boarding schools can actually lead to the achievement of rights & obligations for both husbands and wives in sexual relations. This research seeks to answer how the ethics of sexual relations in the book Fathul Izaar and Qurrotul 'Uyuun can lead to the fulfillment of rights & obligations when having sexual intercourse, both for husbands and wives. The research used a qualitative method, which was carried out using a library research approach. The primary sources in this study are the books of Fathul Izaar and Qurrotul 'Uyuun, while the secondary ones are documents that are compatible with the study that the researchers did. Data analysis in this study used qualitative content analysis techniques. The results indicate that: The ethics of sexual relations that researchers found in the books of Fathul Izaar and Qurrotul 'Uyuun can lead to the fulfillment of rights & obligations for both husbands and wives when having sexual intercourse, with the various ethics listed in the two books

Strategi Dalam Mewujudkan Keluarga Sakinah i Kalangan Prajurit TNI Muslim

One of the goals of marriage is to create a husband and wife who are full of love and affection and loyalty to obtain peace and tranquility (sakinah family). And to complete and realize the formation of a household as a sakinah family that is accompanied by full love and affection, it will be realized if all family members must be able to carry out their obligations properly, be it to God Almighty, themselves, family, society, the environment in general. . The type of research that the writer did was field research or field research with an empirical approach with qualitative writing methods. This type of research intends to study intensively about the current situation, the social interactions of individuals, groups, institutions and society. This research studied intensively the formation of a Muslim TNI sakinah family which was carried out by two former members of the TNI family in Banguntapan, Bantul, namely Mr. Kartono and Mr. H. Hartono. Based on research results and data obtained in the field and using a theoretical framework, the meaning of the sakinah family according to Mr. Kartono is the formation of individual religious characters in each individual family, having a strong mentality and practicing religion in their lives. Meanwhile, the meaning of a sakinah family according to Mr. H. Hartono's family is mutual understanding and carrying out the obligations and rights of husband and wife, practicing religious teachings and being able to see situations and conditions. The meaning of the sakinah family conveyed by the two does not have a significant difference, it's just that the rank and method are the fundamental differences. The essence of this meaning is that the foundation used is religion, as well as a strong mentality in all conditions encountered.
 Keywords: Family, Sakinah, TNI.

Peran Bimbingan Perkawinan Pranikah Terhadap Keutuhan Rumah Tangga

The focus of this research is. The Role of Premarital Marriage Guidance on Household Integrity in Southeast Padangsidimpuan District, by raising two main issues, namely 1) What is the Process of Premarital Guidance for Married Couples in Southeast Padangsidimpuan District? 2) What is the Role of Premarital Marriage Guidance on Household Integrity in Southeast Padangsidimpuan District? The aim is to find out 1) the process of premarital guidance for married couples in Southeast Padangsidimpuan district 2) the role of premarital marriage guidance on household integrity in Southeast Padangsidimpuan sub-districtThis research is a Field Research study that uses data collection techniques, namely by means of: Observation, Interview, and documentation, then taking books related to this research such as Journals, Government Publications, as well as sites or other sources that support this research. The results of the research that the researchers got from the research site, the process of providing premarital marriage guidance carried out by the KUA, namely people who are about to get married must register themselves and their partners with the KUA and have completed the prescribed documents. Then the KUA will give invitations to prospective married couples to take premarital guidance for prospective bridal couples with the material of preparing a solid marriage towards a sakinah, mawaddah, warahmmah family, fiqh munakahat, (marriage, divorce, tahaharah and iddah), the rights of husband and wife obligations , and managing conflict and building family resilience. Premarital guidance materials are delivered through lecture, discussion, and question and answer methods.

The Concept of Joint Property Ownership of Husband and Wife

Specifically, this study is the concept of joint property ownership of husband and wife. The focus of this study is important because, in the Marriage and Islamic Law Compilations, The property obtained in marriage becomes the joint property.So that, when a divorce or death occurs, each person gets half a share, in the regulation, there is no question about who produced it. In the reality of life in society, many wives work to earn a living, so it was interesting to study the different proportions in the distribution of property, in the event of a divorce. The problem of this research was how the concept of the joint property rights of husband and wife. In answering these problems, this research was carried out using the Socio-Legal Research method, by looking at the reality on the ground, to interpret joint property in changing situations. The technique of collecting data was through literature study, while the data analysis was qualitative. The findings of the study indicated that the practice of sharing assets with judges tends to use normative construction. Each of them got half a share and this was seen as an injustice, both through regulation and reconstruction of thinking in the distribution of the shared assets.
 
 Keywords: concept, ownership, shared property, marriage, law.

Comparison and implementation of dowry and alimony for women in Islamic and Western legal systems

Aim: The aim of this research was to compare and contrast the dowry and alimony of women in the Islamic and Western legal systems. Method: This study was conducted in a descriptive-analytical manner using library sources. Texts in the form of books and articles in Persian and English as well as newspapers were used in this way. In addition, reputable internet search engines such as Google and Yahoo were used in the development of this research. Results: In this study, the financial rights of husband and wife towards each other, financial independence of couples, and laws related to dowry and alimony were examined in Islam and the West. Conclusion: The Islamic legal system, according to the five schools of jurisprudence, has special financial privileges for the wife, which is almost unique compared to Western legal systems. One of these privileges is "dowry." Dowry is a mandatory gift that belongs to the wife and although it is not a condition for the validity of marriage, it becomes the responsibility of the husband as soon as the marriage contract is concluded, at least to the amount of the mahr al-mithl. Dowry is one of the financial rights of women in the Islamic family legal system. The judicial system of England and Wales is one of the most famous judicial systems in resolving divorce cases and observing equal rights for men and women, to the extent that London is called the divorce capital of the world. In the courts of this country, the man is considered as the main pillar of the family, but in case of divorce, the assets of both parties, and even their future retirement rights, will be examined and based on these examinations, excess assets beyond the needs of each party will be identified and divided equally between the wife and husband. This process is similar in most European and American countries, although structural differences in the law and judicial system of each country may lead to changes in the implementation of court orders.

Comparative study of wife's employment in jurisprudence and legal system of Iran and Egypt and its effect on Islamic lifestyle

Aim: The aim of this research was to compare and contrast the dowry and alimony of women in the Islamic and Western legal systems. Method: This study was conducted in a descriptive-analytical manner using library sources. Texts in the form of books and articles in Persian and English as well as newspapers were used in this way. In addition, reputable internet search engines such as Google and Yahoo were used in the development of this research. Results: In this study, the financial rights of husband and wife towards each other, financial independence of couples, and laws related to dowry and alimony were examined in Islam and the West. Conclusion: The Islamic legal system, according to the five schools of jurisprudence, has special financial privileges for the wife, which is almost unique compared to Western legal systems. One of these privileges is "dowry." Dowry is a mandatory gift that belongs to the wife and although it is not a condition for the validity of marriage, it becomes the responsibility of the husband as soon as the marriage contract is concluded, at least to the amount of the mahr al-mithl. Dowry is one of the financial rights of women in the Islamic family legal system. The judicial system of England and Wales is one of the most famous judicial systems in resolving divorce cases and observing equal rights for men and women, to the extent that London is called the divorce capital of the world. In the courts of this country, the man is considered as the main pillar of the family, but in case of divorce, the assets of both parties, and even their future retirement rights, will be examined and based on these examinations, excess assets beyond the needs of each party will be identified and divided equally between the wife and husband. This process is similar in most European and American countries, although structural differences in the law and judicial system of each country may lead to changes in the implementation of court orders.

KEADILAN GENDER DALAM ISLAM (Telaah Atas Diskursus Hak Rujuk Perempuan dalam Hukum Keluarga Islam)

Religius teachings that are considered to have long oppressed womenthe teachings that have been domination by men have been used as a justification for community perception that are very detrimental to women.however,this criticism of gender inequality in discusseions with human rights does not only return to the misperception of the people.feminists also maintain a great deal about the concept of humen rights it self.fundamental criticism by questioning the return of international law to its maker. The qur’an has the principle that men and women are the same as servants, because men and women are created from the same subtance (kholifatullah fiilardh),and the same obligations ( liya’budun) however,in the matter of reconciliation,the ulama’ agree that reconciliation is an absolute right of the husband. In the gender perspective if you see some possible understanding that women can submit referals as their right to their husband by conducting a new analysis of the issue of referral rights’ which so far has been suggested to be dominated by men ( husband) by redeeming the rights of husband who was given to him. And with the khulu’ also the wife also has the right to the right of reconciliation to the husband who has dropped divorce on him.

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.

Normative intersectionality in married women's property rights in southern Nigeria

ABSTRACT The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this fatet, this article introduces normative intersectionality as a theoretical framework for a nuanced understanding of how laws and socio-economic forces interact in post-colonial settings. Normative intersectionality rejects a legal positivist view of rights, which neglects people's adaptation of indigenous norms to socioeconomic changes. In this sense, normative intersectionality is useful for addressing the traditional Igbo law of matrimonial property, which regards a married woman's property rights as subsumed in her husband's rights. Using the division of marriage gifts in Southern Nigeria as a case study, the article draws attention to how legal orders speak to, rather than against, each other, and in so doing, stresses the adaptive character of indigenous laws. It argues that normative intersectionality illumines the interplay of gender equality, property rights and legal pluralism. Accordingly, it urges judges to use the imitative nature of legal pluralism in post-colonial settings to remedy entrenched systems of injustice and inequality, which often hide under the banner of tradition. Keywords: Adaptive legal pluralism, marriage gifts, African customary law, matrimonial property rights.