Rights Of Wife Research Articles

Islam, State, and Local Wisdom: An Examination of Widowhood Inheritance Law in Indonesia

This article highlights the urgency of applying the common property distribution approach prior to the distribution of inheritance in the Indonesian context, which is influenced by local wisdom practices. This research aims to emphasize the rights of wives as widows over joint property through the application of the Compilation of Islamic Law (KHI), so that widows can obtain a fairer share before the distribution of their inheritance rights in accordance with the principles of fiqh. The method used in this research is a normative-juridical approach, with document analysis of legal regulations and their application in the context of local wisdom in Indonesia. The findings show that the distribution of joint property, before the distribution of inheritance, is very important to protect the rights of women who are often marginalized in a society that prioritizes the tradition of male lineage. The affirmation of giving half of the joint property to the widow at the beginning of the distribution before the widow receives her inheritance rights can be equated with shirkah that in the context of marriage the wife also contributes to the collection of property. The discussion in this study emphasizes that the integration of fiqh principles and KHI provisions in the distribution of inheritance, by first recognizing the widow's right to joint property, then the widow receives her inheritance rights after the joint property is distributed, this form of model not only ensures that the widow receives a fair share, but also strengthens the position of women in inheritance issues for the welfare of her family.

Nikāh Sirri and Its Impact: The Perspective of Maqashid Ash-Shari’ah of Imam Asy-Syathiby

Background. The legal status of nikāh sirri (secret or unregistered marriage) is controversial because it is not announced and not officially recorded. The views of scholars on secret marriage and the factors causing it, as well as the legal regulations in force in Indonesia, need to be studied. Aim. Examines nikāh sirri from the perspective of maqāṣid asy-syari’ah, which includes five essential goals of Islamic law: the maintaining religion (hifẓ ad-dīn), soul (hifẓ an-nafs), descendants (hifẓ an-nasl), property (hifẓ al-māl), and reason (hifẓ al-’aql). Method. This research utilizes a literature review with a descriptive-analytical approach to Islamic jurisprudence and relevant regulations. Result. Nikāh sirri causes more harm (mafsadat) than benefit (maslahat), particularly concerning the rights of wives and children in inheritance, financial support, and legal protection. Based on maqāṣid asy-syari’ah, nikāh sirri is considered impermissible (haram) due to its adverse effects on mental well-being, economic instability, and threats to legitimate lineage. The formal registration of marriage is crucial for ensuring the protection of family rights.

ISLAMIC FAMILY LAW ON POLYGAMOUS MARRIAGE IN MALAYSIA: BETWEEN ROSES AND THORNS

Marriage is a way of gaining a peaceful mind and soul, be it monogamous or polygamous marriage. This is the sweetness of marriage as enshrined by Islam. To achieve this wisdom, conditions laid down by the religion and legal requirements must be observed. Otherwise, a marriage may turn into a miserable and thorny life for couples, especially in polygamy. Thus, the purpose of this paper is to disseminate legal knowledge and refine the understanding about polygamous law in Malaysia. The central arguments of this study are two-pronged: (1) to deliberate on the Malaysian legal framework for polygamous marriage and (2) to discuss a crucial legal issue related to polygamy, namely cross-border marriage and its effects. The qualitative method of doctrinal legal research was employed to obtain and analyse primary and secondary data from various sources. It included examining the statutes and decided cases of the Syariah Courts, including reported and unreported cases. The relevant statutes studied were the Islamic Family Law (Federal Territories) Act 1984 and the Enactment of Islamic Family Law (Kedah Darul Aman) 2008. In substantiating arguments, data from e-Syariah Version 3 (ESV3) was used together with existing literature. The findings revealed that refusal or failure to comply with legal requirements pertaining to polygamous marriage may lead to cross-border marriage and its aftermath effects on the legality of the marriage, jurisdiction of the court, and the rights of wives and children in the context of law. Hence, the enforcement of existing laws on polygamy should be emphasised to control any abuse of power by a man to contract a polygamous marriage. More importantly, the laws and enforcement should be strengthened to protect the rights of the wives and children. Future research may focus on issues involving the rights of the wives and children of a polygamous marriage upon the death of the husband or father according to Islamic family law in Malaysia and its implementation.

LEGAL STATUS AND CONSEQUENCES OF UNILATERAL DIVORCE: COMPARATIVE STUDIES BETWEEN EGYPT, JORDAN, TUNISIA AND INDONESIA

Unilateral divorce by the husband outside the court requires attention for the protection of affected women and children. This literature study was conducted to find out how the development of traditional family law implementation into modern family law in four countries, namely Egypt, Jordan, Tunisia, and Indonesia. This article is classified as literature research with a qualitative approach. The methodology used is normative and comparative legal studies. The results of this study showed that there are differences in laws and regulations in the Islamic family law environment in those countries. Divorce that is imposed by the husband is unilaterally recognized as valid in Egypt, Jordan, and Tunisia, while in Indonesia the wife can appeal or cassation against the divorce. Egypt and Tunisia impose criminal sanctions on husbands who do not meet the obligation to pay their living and home to their ex-wives, while Indonesia and Jordan do not impose any criminal sanctions. Criminal sanctions imposed in Egypt and Tunisia are the payment of a certain number of fines or confinement during a certain time. However, divorce proceedings without reporting to relevant officials in Jordan can be charged with criminal law. Therefore, the best implementation of family law related to unilateral divorce is in Tunisia. The scholarly contribution of this research to family law globally is that it offers the most ideal concept in protecting the often neglected rights of wives and children.

Bride price payment and marriage Stability: An ethnographic study of the Brifors of the Upper West Region, Ghana

A bride price creates an unending bond for married couples in sub-Sahara Africa. This gesture is key within the Brifor cultural milieu in Ghana. This paper investigates the impact of bride price on marriage stability among the Brifor ethnic group. In-depth interviews were conducted with 45 Key Informants and seven defined groups. The results show that the cultural demands of high bride price payment among the Brifors stabilizes marriages, secures the entitlement right of the husband to the woman and children, but increases incidences of violence against women. From the results it is evident that apart from the high bride price payment contributing to marriage instability, there is also the indication that the abuse of the rights of wives depends largely on the character of the husbands, including the cultural mindset instilled in them through biological traits and/or family socialization in relation to their culture. The study concludes that although most participants felt that the practice of paying bride price should be reviewed, it was evident that the payment has become a double-edge sword confronting women in particular, relative to the stability or instability of marriages among the Brifors. Therefore, there is the need for traditional authority to reform the practice by reducing the bride price items and spacing out the payment period as a respite for husbands-to-be.

Fulfillment of The Rights of a Wife Who is Not Nusyuz Post-Divorce in the Batusangkar Religious Court Class 1 B

Supreme Court Circular No. 3 of 2018 explains that cases of contested divorces that do not provide guarantees for the wife's rights after divorce are systematically Supreme Court Circular No. 3 of 2018 explains that cases of contested divorces that do not provide guarantees for the wife's rights after divorce are systematically confirmed by SEMA No. 2 of 2019, which explains the timing of alimony payments. In the Batusangkar Religious Court in 2022, there were five decisions on divorce cases challenging non-Nusyuz wives, but two decisions granted maintenance while three decisions did not grant them. Therefore, it is important to examine the legal considerations of judges when deciding divorce cases against non-Nusyuz wives and the considerations of judges when protecting the maintenance rights of non-Nusyuz wives at the Batusangkar Religious Court. The type of research is empirical legal research with a qualitative-descriptive approach. The judge's legal considerations in deciding contested divorce cases were that the fulfillment of the wife's post-divorce rights in the five contested divorce cases satisfied the formal and substantive legal aspects, although there were divergent opinions in the application of substantive law. The judge's consideration can be seen from the penalty paid before the defendant issued the divorce certificate and the defendant's financial ability, as well as the existence of a peace agreement between the plaintiff and the defendant. In cases where the payer of alimony is not determined for a wife who is not nusyuz after the divorce, the judge, on the other hand, takes into account that the defendant is financially unable, while in all cases the wording "can" is considered optional and is not interpreted as an optional imperative.

PROTECTION OF WIFE’S RIGHTS AFTER A CONTESTED DIVORCE (Analysis of Judge's Decision Number: 143/Pdt.G/2014/PA.Sgm)

The research discusses the considerations of judges at the Sungguminasa Religious Court regarding fulfilling the rights of wives after divorce, decision Number: 143 /Pdt.G/2014/PA.Sgm. It is generally accepted that in contested divorce cases, there are no rights to the wife after the divorce. The judge's decision that was accepted usually only granted the divorce petition. Judges usually did not grant it if there were claims for their rights and the rights of children post-divorce in the lawsuit. This research question is: What is the progressive legal analysis of the judge's considerations in case Number: 143 /Pdt.G/2014/PA.Sgm? This research was a literature study related to the considerations of judges' decisions in case number: 143/Pdt.G/2014/PA.Sgm. The primary data of this research was the decision of case number: 143/Pdt.G/2014/PA.Sgm. The judge's considerations in the decision were analyzed using Progressive Law theory to conclude. After collecting data through interviews, the findings of this research are that the Judge's considerations in Decision Number: 143 /Pdt.G/2014/PA.Sgm in fulfilling the wife's rights after a divorce from her husband, is progressive. The panel of judges granted the wife's civil rights after the divorce based on the defendant's capabilities. This decision benefits and provides financial protection for the ex-wife in continuing her life.

PERLINDUNGAN HUKUM TERHADAP HAK-HAK ISTRI KORBAN KDRT PASCA PERCERAIAN BERBASIS NILAI KEADILAN DALAM HUKUM ISLAM DAN HUKUM NASIONAL

This article examines the issue of forms of legal protection for the rights of wives of domestic violence victims based on the values of justice. This is because victims of domestic violence are increasing from year to year, even though there is a Law on the Elimination of Domestic Violence, this phenomenon still continues. Therefore, this issue is important to study in order to get a clear picture of the forms of legal protection that can be obtained by victims of domestic violence. The research approach is a qualitative approach with a normative juridical scientific approach, the data is in the form of secondary data sourced from statutory regulations and studies of Islamic jurisprudence literature. In the discussion it was revealed that: Firstly, the forms of legal protection in legislation are classified into: 1). Preventive action, namely a form of legal protection by clearly regulating the rights and obligations of husband and wife, this has been regulated in the Marriage Law and KHI. 1). Repressive action, namely a form of legal protection when domestic violence has occurred, then this falls into the category of criminal law where the perpetrator is threatened with a crime, this has been regulated in the 2004 Domestic Violence Law. Secondly, in Islam legal protection is more comprehensive, by regulating the laws between husband and wife, both laws relating to civil matters during and after divorce. Likewise, Islam clearly provides legal protection for victims of domestic violence, by enforcing hudud penalties for perpetrators of domestic violence.

The Contestation of Islamic Boarding School Womens's View of Wifes' Rights in Poligamy

This study examines the contention around Islamic boarding school women's view of wives' rights in polygamous marriages. It aims to answer academic questions, specifically how and why there is contention among Islamic boarding school women over the rights of wives in polygamy. Furthermore, it also aims to answer what consequences this contestation has for the practice of polygamy, which is common in Islamic boarding schools. This paper is an empirical research that takes a sociological perspective. The analysis is based on Pierre Bourdieu's Cultural Sociology theory. Data were gathered through an interview study with research subjects from five traditional Islamic boarding schools in Lampung Province. The findings of this study show that the contestation of wives' rights in polygamy is influenced by the level of understanding of religious texts and norms, social and economic realities, and the strength of the patriarchal traditions and systems that surround it. Most women are denied the opportunity to fight for their bodily and spiritual rights, both before and after polygamous marriage occurs. Women in Islamic boarding schools recognize that men's supremacy influences the neglect of women's rights in polygamy because their understanding of religious texts is conservative. Women have no bargaining power when their husbands seek to practice polygamy. Conservatives believe that polygamy is a fate and consequence that women who want to marry a caregiver or an Islamic boarding school leader (Kyai) must accept. A moderate perspective necessitates that polygamy be practiced with proportional rights between husband and wife. The repercussions of this contestation have resulted in a better appreciation of the importance of men's and women's rights being proportionate, as well as mutual protection.

Wife's Right to Property After Divorce: An Examination of Islamic Law and Legislation in Religious Court Decisions in Yogyakarta City

Indonesia as a sovereign state pays great attention to the rights of its citizens, especially in the context of marriage between men and women, through Islamic family law. Although there are still many divorce cases, the Religious Court as a judicial institution that handles family matters for Islamic citizens, plays an important role in positioning women fairly. However, the importance of wise, intelligent, honest and highly ethical judges cannot be ignored. Judges must be able to understand and apply the law with justice to all litigants, especially in divorce cases where women's rights are often neglected. Research into court decisions is important to see the extent to which judges consider women's interests in their decisions, especially in the context of post-divorce rights that have been formulated in Indonesian Islamic family law. The focus of this research is the wife's rights to post-divorce property as regulated in the legislation, as well as the extent to which these legal products are in accordance with the principles of gender justice. This research uses a qualitative approach with a field study at the Yogyakarta Religious Court. Data were collected and analyzed descriptively analytically, describing events related to court decisions. The gender approach was used to analyze the written law as well as what was decided by the judge in the court process. The results show that the rights obtained by women after divorce in Indonesian Islamic family law, such as the right to mut'ah, the right to maintenance, the right to refuse reconciliation, the right to hadlanah, and the right to joint property, are not discriminated against based on gender. There are no signs of marginalization, subordination, double workload, negative labeling, or violence against woman in Indonesian Islamic family law.

Urgensi Perjanjian Perkawin dalam Upaya Suami atau Istri Tidak Terpenuhinya Kewajiban Atas Harta Bersama

The legal consequence of a marriage is that the wife's property becomes the husband's property, and vice versa, this is the beginning of what is called joint property. However, there are efforts to separate inherited assets between the husband's assets and the wife's assets. The Marriage Agreement between Mr. PAT and Mrs. P is about the husband's obligations and the wife's rights, such as when the marriage takes place, objects that are not in the husband's name become the property of the wife. The formulation of the problem that arises is whether the legal recourse if joint property objects which cannot be proven to be owned in the husband's name will become the property of the wife and what legal remedies can be taken if one party does not carry out its obligations in accordance with the contents of the agreement. The research method used is normative law by examining statutory regulations and the articles in the marriage agreement between Mr. PAT and Mrs. P which contain legal issues regarding joint property. The results of the research show that there are no regulations which stipulate that joint objects which cannot be proven to be in the name of the husband may not belong to the wife or his heirs, the Marriage Agreement is a halal cause and does not conflict with anything. The legal remedy if there is a violation of the marriage agreement is a lawsuit for breach of contract or you can file a lawsuit for divorce/talak in the District Court according to the contents of the marriage agreement.

Violation of Women's Rights on Divorce: Study on Religious Court Decision

Objective: This study aimed to show the causes of post-divorce vio-lations of women's rights and the implications of religious court de-cisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to some-times file for legal divorce from their husbands. However, religious court decisions on divorce have violated women's rights, both the right to maintenance and mut'ah.
 
 Theoretical Framework: Divorce and its settlement in religious courts in Indonesia have problems that sometimes disadvantage women.
 
 Method: The research was conducted with a qualitative approach, this is based on the data studied which are facts and documents re-lated to religious courts on divorce. This study used two data collec-tion methods, namely documentation of Religious Court decisions through directories and interviews.
 
 Results and Conclusion: The decision was confirmed to inform-ants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on di-vorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court de-cision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legisla-tive review of several articles in Law on Marriage for the reformula-tion of Islamic Family Law in Indonesia.
 
 Research Implications: The results of the study have implications for changes in religious court decisions on divorce, so that they are no longer detrimental to divorced wives.
 
 Originality/value: Changes in the religious court system towards the problem of divorce are urgently needed, the fulfillment of the rights of wives who are victims of divorce must be the main aspect to be considered by judges.

The Legal Status of Marital Joint Property Sourced from the Wife

This article aims to determine the position of marital joint property originating from the wife in divorce cases according to the Compilation of Islamic Law, as well as legal protection of the rights of wives who support household life according to the Compilation of Islamic Law. This normative research inventories the applicable regulations concerning joint property in the Islamic concept using the Compilation of Islamic Law. The results of the writing show that there is legal vagueness in the Compilation of Islamic Law because the regulation of the status of joint marital property only regulates general matters where the husband earns a living, while more concrete provisions if the wife earns a living are not regulated. Instead of going to court to divide the joint property, it is better for the husband and wife to divide the property amicably.
 Keywords: legal status, marital joint property, the wife provides for the husband

Legal Certainty of the Rights of Wives and Children After Divorce

The position of suspicious children in the perspective of Islamic law is a topic of significant interest and importance within legal and ethical discourse. In Islamic jurisprudence, the treatment and rights afforded to children, particularly those born under suspicious circumstances, hold profound implications for both societal norms and legal frameworks. Understanding the nuanced stance of Islamic law towards suspicious children necessitates a comprehensive exploration of religious texts, legal principles, and contemporary interpretations. This research aims to see what the rights of women and children are after divorce, what is the legal certainty in fulfilling the rights of women and children after divorce in the Religious Courts, and what are the obstacles to fulfilling the rights of women and children after divorce in the Religious Courts. This research method uses a qualitative method with content analysis approach. From the research that has been carried out, it was found that legal certainty in fulfilling the rights of women and children in the religious court environment is still not effective. The issue of the rights and obligations of husband and wife in the event of divorce is closely related to the legal awareness of both parties. So there is a need for good legal awareness among the public regarding the rights and obligations of marriage. Good legal awareness has a causal relationship with the effectiveness of legal certainty of the rights of children and wives after divorce.

Application of Ex Officio Rights Based on Gender Justice in Divorce Lawsuit in Surabaya Religious Court, Indonesia

The divorce rate of PA Surabaya in 2022 was recorded at 10,327 divorce applications, 5,802 cases were decided, 4,171 divorce cases compared to 1,631 cases. High number of divorce cases makes PA Surabaya must play role and be able to resolve Islamic family law problems fairly for the litigants. This research is text-based through the reading of court rulings from gender justice perspective. The purpose of the study: (1) to know the legal basis for the judge's consideration in the divorce lawsuit case Number:3950/Pdt.G/2023/PA.Sby. (2) How to apply Ex Officio rights based on gender justice in PA Surabaya for the fulfillment of wife's rights after divorce. The type of qualitative research is in the form of analysis of divorce case decisions, in-depth interviews, with judges who tried cases number (3950/Pdt.G/2023/PA.Sby). Using a gender approach with benefit indicators, not based on stereotypes (ridicule), don’t lead to the creation of marginalization (sex differentiation), don’t lead to gender-based violence and the absence of subordination (deviation of one gender). The results of this study show that PA Surabaya in legal products, especially in divorce lawsuits, is not accordance with the principles of gender justice, able to equalize gender by punishing husbands to pay muth'ah, iddah, hadhonah to ex-wives even though it’s not written in the lawsuit with Ex Officio rights and cooperates with the Surabaya City Government for the implementation of decisions and as a pioneer in the implementation of Book II article 41 C of Law Number 1 of 1974 and PERMA No.3 Year 2017.

Jurimetrics Implementation of Determining Wife's Rights in Divorce in Talu Religious Court

This study delves into post-divorce wives' rights, particularly examining the impact of Jurimetrics. Divorce rulings often inadequately support these rights. The Talu Religious Court, part of the Padang High Religious Court, employs Jurimetrics due to disputes over divorce-related issues. Through normative legal research and content analysis, it's evident that Jurimetrics-influenced decisions notably enhance wives' rights compared to non-Jurimetrics rulings. These decisions prioritize fairness by considering factors like minimum wage, husband's income, and marriage duration. Notably, the application of Jurimetrics in divorce proceedings consistently leads to more equitable and just outcomes for wives, presenting a systematic and fair approach rooted in principles of fairness and justice. Overall, employing Jurimetrics significantly bolsters the protection of post-divorce wives' rights, providing a methodological framework founded on fairness and equity within divorce adjudications.

DAMPAK KEBIJAKAN SURAT PERNYATAAN TANGGUNG JAWAB MUTLAK PERATURAN MENTERI DALAM NEGERI NOMOR 9 TAHUN 2016 TERHADAP PENCATATAN PERKAWINAN

Marriage registration is an official process that involves registering and documenting a couple's marriage at authorized institutions, such as the Office of Religious Affairs (KUA) and the Population and Civil Registry Service. This process legally and administratively records marriage events, producing an official document stating the couple's marital status. This research uses normative research with a focus on studying legal norms relating to marriage registration. The analysis used is a qualitative descriptive approach using legislation (statute approach) to analyze the issues that arise in connection with the Statement of Absolute Responsibility and its impact on marriage registration and the legality of marriages after the SPTJM policy. The research results show that the Statement of Absolute Responsibility policy has a positive impact, such as providing facilities for producing children's birth certificates and other documents. However, this policy can also present complexities related to the status of "Unregistered Marriage," which raises legal issues, protecting the rights of wives and children, as well as law enforcement against the practice of polygamy and polyandry. Even though the information of couples who are mar ried in an unregistered marriage is recorded in the Family Card document of the Population and Civil Registry Office, recognition is still required before the law so that this couple has adequate legal standing in court to ensure the validity of their marriage. Keywords: Impact, SPTJM Policy, Marriage Registration

The Judges’ Legal Consideration on Divorce of Nushūz Cases at the Kupang High Religious Court: Gender Perspective

The gender sensitivity of judges towards women in court is crucial to ensure that judgments provide a sense of justice and accommodate the rights of wives after divorce. This article aims to analyze judges' considerations from philosophical, juridical, and sociological aspects in divorce judgments due to nushūz (disobedience) from a gender perspective, addressing two main questions: 1) how judges use a gender perspective in deciding divorce cases due to nushūz, and 2) what factors influence judges' decisions in divorce cases due to nushūz from a gender perspective. This research employs qualitative research methods, which is a case study design, with juridical and gender approaches. The primary data source is derived from the rulings of the Religious High Court of Kupang No. 009/Pdt.G/2015/PTA.Kp obtained from the Supreme Court of the Republic of Indonesia's website, and judge interviews as supporting data, which were analyzed using content analysis. The research findings indicate that from a gender perspective, judges exhibit gender bias in categorizing nushūz as if nushūz can only be committed by wives, whereas nushūz can be committed by both husbands and wives. Judges' interpretations of nushūz are still influenced by the content of the law, the culture of the law, and its structure of the law. This study implies that judges should undergo gender-based training or workshops organized by judicial institutions or universities to enhance their gender sensitivity in deciding legal cases, especially nushūz cases.

Pemberatan Pidana Terhadap Kasus Marital Rape Ditinjau dari Perspektif Hak Asasi Manusia

AbstractThe marital rape case is the one sexual violence case based on unequal relations between husband dan wife. In Indonesia, positive law doesn’t differentiate imprisonment or fines between sexual violence perpetrated by another person and sexual violence perpetrated by a partner in marriage. This article was written using feminist legal theory and human rights which describes the position of women in the eyes of the law and the fulfillment of the rights of wives as victims of marital rape. This study uses a juridical-normative method which aims to explain the criminal burden of rape cases based on a human rights perspective. Conclusion in this study is that cases of marital rape that occurred against wives are a form of violation of human rights in which criminal sanctions are needed to distinguish cases of sexual violence committed by other people from cases of sexual violence committed by partners in marriage.Keywords: Criminal Prosecution, Human Rights, Marital Rape.

Penyelesaian Perceraan Yang Dilakukan Di Luar Pengadilan Studi Kasus Di Desa Mudung Darat Kecamatan Maro Sebo Kabupaten Muaro Jambi

Regarding the settlement of divorce outside the court, it is not something new, but there are many problems related to marriages that were carried out previously. According to the provisions of the marriage law, divorce should be carried out in a court session, and not outside the court session, This is what makes me interested in exploring divorce cases that are carried out outside of court, the impact of a divorce that is carried out outside of court, for the wife, especially not only on the wife's rights but also regarding the rights of children and joint property that they acquired during the marriage. not obtained by the wife and their children, if during the marriage they obtained children and property. However, the divorce carried out by this husband and wife couple is not the same as marriage in general, where the implementation of the marriage carried out by both parties is carried out in Mudung Darat Village, Maro Sebo District, Muaro Jambi Regency in a private manner or privately, and witnessed. by local traditional leaders, the divorce cannot be carried out in court, only traditional leaders can finalize the divorce from the couple, besides that the woman (ex-wife) does not get any rights at all towards her husband.