Rights Of Wife Research Articles

Kedudukan Seorang Istri Sebagai Ahli Waris yang Pernikahannya Didaftarkan setelah Suami Meninggal Dunia

The purpose of this study is to discuss that marriages that have not been registered when one of the partners is still alive, can be injured even though one of the partners has died. This research method uses normative legal methods. The results of this study indicate that the position of a wife as an heir whose marriage is registered after her husband dies in Law Number 1 of 1974 concerning Marriage requires every couple who enters into a marriage to register the marriage before the Marriage Registrar to become the administration of the marriage and provide legal certainty for those who enter into marriage in order to obtain legal protection for the fulfillment of the rights of wife and children. Then in the case of a couple who do not register their marriage, a wife is not entitled to be the heir of the wealth left by her husband when his husband died. In order to become an heir, a wife whose husband has died must first legalize her marriage by registering her marriage so that her marriage is considered valid in the eyes of the law.

Addressing Domestic Violence in Iraqi Family Law: A Critical Analysis and Recommendations

This study delves into the complex interplay between domestic violence and the institution of marriage within the framework of Iraqi family law, focusing on the rights of wives to seek separation in cases of abuse. The research employs a legal analysis approach to scrutinize the existing legal texts, judicial applications, and their impact on marital relationships. Findings reveal a disconnect between the legislation and its practical application, with judicial discretion often prioritizing family preservation over the well-being of the wife. The study highlights the need for legal reform to explicitly grant wives the right to seek separation in cases of any form of domestic violence and advocates for the criminalization of domestic violence. Furthermore, it underscores the importance of conducting seminars and conferences to comprehensively address domestic violence as a societal issue and calls for increased research efforts in this domain. This research offers a critical examination of the status quo and proposes tangible steps towards safeguarding the rights and well-being of spouses affected by domestic violence within the Iraqi legal context.
 Highlights :
 
 The study reveals a disconnection between Iraqi family law and the practical application of rights for abused wives, emphasizing the need for legal reform.
 Advocacy for explicit legal provisions granting wives the right to seek separation in cases of domestic violence.
 Emphasizing the importance of addressing domestic violence through seminars, conferences, and increased research efforts to protect the well-being of spouses.
 
 Keywords : Domestic Violence, Iraqi Family Law, Marital Separation, Legal Reform, Judicial Discretion

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

Objective: This study aimed to show the causes of post-divorce violations of women's rights and the implications of religious court decisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to sometimes 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 related to religious courts on divorce. This study used two data collection methods, namely documentation of Religious Court decisions through directories and interviews.
 
 Results and Conclusion: The decision was confirmed to informants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on divorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court decision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legislative review of several articles in Law on Marriage for the reformulation 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.

FORM OF CONSTITUTIONAL RIGHTS OF WIFE AND CHILDREN AS VICTIMS OF SIRRI POLYGAMY

The phenomenon of sirri polygamous marriages, or without the permission of a legal wife and without the permission of the Religious Courts, common in Banjar Regency, South Kalimantan Province, still raises arguments for and against. Originally the meaning of sirri marriage was intended for the case where the conditions of marriage were not met, but now it has been extended to marriages that meet the conditions but have not been registered with the religious affairs office (KUA) of the sub-sector for those who are Muslim. The purpose of the study was to elucidate the constitutional rights of wives and children who were neglected as victims of polygamous marriages in Banjar Regency. This research is a type of empirical legal research with statutory, case and conceptual approaches. The results of the analysis show that sirri polygamy has an impact in the form of constitutional losses for spouses and children. If a polygamous marriage has received permission from the first wife, then the sirri wife can be well received and does not receive social sanctions in society, as well as the children of sirri polygamy are well received and equal in society. Sociologically, a child of a qualifying sirri polygamous marriage is legitimate, so the legal relationship between the child and both parents is one of kinship and inheritance. The constitutional issue for children of sirri polygamous marriages takes the form of legal issues related to identity rights. This is inseparable from the usual factors in an area, where for the Banjar community children born in wedlock, whether Sirri or registered, are considered legitimate children.

Pengabaian Hak Terhadap Mantan Istri dan Anak Pasca Perceraian di Kota Makasar; Kajian Filsafat Hukum Islam

The purpose of this study is to find philosophical facts about the harm of abandonment of rights of wives and children after divorce by focusing research on the reality of neglect of rights of ex-wives and children in the city of Makassar, including the causes of neglect of ex-wife and child rights and forms of handling neglect of these rights. The methods used in this study are normative and sociological approaches. The analysis used in managing this research data is by using analysis of Islamic legal philosophy. In addition to these three methods, this study also interviewed divorce perpetrators directly. The results of research in this study found that neglect of the rights of wives and children after divorce has caused harm to wives and children which has implications for economic harm, psychological harm to ex-wives and children. This study concluded that the neglect of the rights of ex-wives and children in the city of Makassar was caused by the lack of employment opportunities and lack of expertise of ex-husbands as well as the lack of responsibility of the husband's manta towards the mantas of wives and children

Factors of Unfulfilled Rights of Wife and Children as Consequences of Divorce in Religious Court Decisions

PERMA Number 3 of 2017 serves as a guideline for judges in adjudicating cases involving women and can be used as a legal basis for providing protection to children who are victims of divorce. The problem discussed in this research is the implementation of PERMA in the Baturaja Religious Court. The aim of this study is to examine the issue of the non-fulfillment of the rights of the wife and children as a consequence of divorce in court decisions. A qualitative research approach with a field study design was chosen for this study. The research was conducted at the Baturaja Religious Court. The data used consisted of primary data and secondary data. Data analysis was divided into three parts: data reduction, data display, and conclusions. The research findings indicate that the implementation of PERMA Number 3 of 2017 regarding the rights of the wife and children as a consequence of divorce in the Baturaja Religious Court has not been fully implemented. This is due to several factors, such as the economic instability of the father, remarriage of the parents, psychological factors that prevent the former husband from meeting their children, and the ability of the mother to provide for the child's welfare.

REVIEW OF ISLAMIC LAW ON THE IMPLEMENTATION OF PARKING LEVY COLLECTION IN PALOPO CITY

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 This thesis discusses the Islamic Legal Review of the Implementation of Parking Levy Collection in the City of Palopo. The data collection method is carried out through observation and interviews with a descriptive-qualitative approach. The results showed that in the implementation of the parking levy collection in Palopo City, there are still parking attendants who impose their own rules such as requests for tariffs exceeding the provisions; and there are still objects and parking attendants that were untouched by the Palopo City Transportation Department. This is if viewed from the perspective of Islamic law there are pillars or conditions in the wadi'ah contract (agreement) that are not fulfilled, namely the ijab qabul between the parking attendant and the vehicle owner, as well as the existence of illegal parking attendants who collect parking funds/money for the parking attendant's personal self and do not contribute to the Palopo City Area Original Income. Therefore, in order to minimize the presence of illegal parking attendants and official parking attendants who do not comply with the provisions, the Palopo City Transportation Office as the Holder of the levy for parking services on public roadsides in Palopo City to strive to carry out guidance and supervision of partner objects and parking agents and potential parking objects that have not been recorded by giving verbal and written feedback, provide an understanding of the duties and responsibilities of parking attendants and legalize objects and parking attendants that are not yet the objects of government- assisted parking.

State, Islam, and Gender : Dynamics of Marital Rape Law in Indonesia

Marital rape, which is an act of sexual violence in marriage, is often debated among the public because it is considered an act that is impossible to happen. There is debate about responding to acts of marital rape among the community, which is the background for writing this article in a review of positive law, Islamic law, and gender justice. The purpose of this research is to understand and analyze the dynamics of rape marital law in Indonesia according to positive law, Islamic law, and gender. Using a qualitative method with a normative legal approach, this paper describes and analyzes the laws, books, and articles related to this research. The results found from this study are that marital rape is included in the crime of sexual violence, although it is not explained in detail regarding the criminal sanctions for the perpetrators. This shows that Indonesia's positive law has not touched on marital rape in detail. Marital rape is not justified in Islamic law; this can be seen from the verses of the Quran, which emphasize a good relationship between husband and wife. Based on gender justice, it is the wife who becomes the victim of marital rape because the husband thinks that he is at a higher level, so the wife must obey her husband's orders because it is an obligation, while the husband ignores the wife's rights.
 

Perkawinan Berbeda Agama Di Indonesia

In general, interfaith marriages can result in distinct legal issues for both the husband and wife and for outsiders or third parties, such as concerns regarding the inheritance rights of children born to interfaith couples. the legality of marriage, which will give husband and wife rights and responsibilities. The wife's entitlement to maintenance and joint assets is entirely contingent on the existence of a legally binding marriage and the likelihood that she will bear legal children. Naturally, a marriage has legal repercussions, and if it is interfaith, there will undoubtedly be a variety of issues. These issues affect the relationship between the husband and wife and, if they have children, their children. Both psychological and judicial consequences from a legal standpoint. Marriages between people of different religions are a fact of life that cannot be denied. In reality, many couples want to live together, but they cannot get married because their religions or beliefs are different.

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.

Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT)

eternal family based on God Almighty as stipulated in Law Number 1 of 1974 concerning Marriage, this marriage can be broken due to divorce or based on a divorce suit, this is contained in the Compilation of Islamic Law Article 114. The purpose of this research is to find out the rights received by a wife after divorce in Decision Number 1866/Pdt.G/2022/PA.Pt. and to find out how the fulfilment of the rights of a wife after divorce based on Decision Number 1866/Pdt.G/2022/PA.Pt. This research is normative law type, using three legal materials, namely primary, secondary and tertiary legal materials. The technique of taking this research material is literature study and interviews with oral question and answer methods with Judges at the Pati Religious Court. The results of this research and analysis show that the rights received by a wife after divorce must be given before the pledge of divorce by the husband. The amount of nafkah given is in accordance with the obligations and abilities of the husband. The role of the judge in realising the fulfilment of the rights of post-divorce wives is in accordance with providing direction for the fulfilment of the wife's rights.

Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT)

Marriage is a physical and mental bond as husband and wife with the aim of forming a happy and eternal family based on God Almighty as stipulated in Law Number 1 of 1974 concerning Marriage, this marriage can be broken due to divorce or based on a divorce suit, this is contained in the Compilation of Islamic Law Article 114. The purpose of this research is to find out the rights received by a wife after divorce in Decision Number 1866/Pdt.G/2022/PA.Pt. and to find out how the fulfilment of the rights of a wife after divorce based on Decision Number 1866/Pdt.G/2022/PA.Pt. This research is normative law type, using three legal materials, namely primary, secondary and tertiary legal materials. The technique of taking this research material is literature study and interviews with oral question and answer methods with Judges at the Pati Religious Court. The results of this research and analysis show that the rights received by a wife after divorce must be given before the pledge of divorce by the husband. The amount of nafkah given is in accordance with the obligations and abilities of the husband. The role of the judge in realising the fulfilment of the rights of post-divorce wives is in accordance with providing direction for the fulfilment of the wife's rights.

Fulfillment of The Rights of Wife and Children Post Divorce

If the marriage is broken up due to divorce, the former husband and wife concerned who are the father and mother of their children are still obliged to look after and educate their children. In the Compilation of Islamic Law, when a marriage is broken up by divorce, the ex-husband is given the obligation to give mut'ah to his ex-wife and children who have not yet been mumayiz, who are entitled to hadnanah. Rights at the time of divorce are efforts to empower the dignity of a woman. Thus, this paper aims to find out how when an ex-husband is negligent in fulfilling obligations towards his ex-wife and child. This is because when a divorce occurs because of divorce, a husband thinks that there is no more maintenance that must be given to his ex-wife so there are obligations that the ex-husband ignores.

Urgensi Bimbingan Konseling Pra-Nikah bagi Kesejahteraan Keluarga Muslim dalam Perspektif Fiqih Pernikahan

The purpose of this study is to review the importance of premarital counseling guidance in an effort to prevent divorce. This writing is built on the basis of review thinking by describing counseling and the phenomena of marriage practice that have an impact on divorce. With the Library Research approach the author expresses a critique of the phenomenon. The results of the literature review in this study show that in order to anticipate unwanted divorces by each family, there needs to be an equalization of perceptions in premarital counseling guidance. This can be done in the steps that need to be considered during pre-marriage, counseling guidance on wife rights, and counseling guidance on household roles.

URGENSI DAN KONSEKUENSI PEMBACAAN SIGHAT TAKLIK TALAK SETELAH AKAD NIKAH PERSPEKTIF HUKUM ISLAM

The aim of this research is to find out and understand the urgency and consequences of reading the sighat taklik talak after the marriage contract in a marriage from an Islamic legal perspective. The research method used in this research is a qualitative research approach (Qualitative research), with a library method (Library research). The results and discussion of this research are that there is no legal basis that strictly requires the groom to pronounce the sighat taklik talak after the marriage ceremony, but rather it is a choice or voluntary choice on the part of the groom himself. However, if the divorce agreement has been agreed upon, it cannot be revoked. The existence of divorce taklik is a form of protection of the wife's rights against the husband's arbitrariness in the household. So the right to divorce which basically rests with the husband can also be owned by the wife if in the future the husband denies the contents of the divorce agreement. However, in order for the divorce to actually occur, the wife must report the matter to the Religious Court and pay iwadh as ransom for her husband so that it can then be processed and receive a decision from the judge that the divorce is due to the wife in the name of the husband.

Sebuah Penantian RUU Penghapusan Kekerasan Terhadap Perempuan: Nalar Keadilan Hak-Hak Perempuan Korban Kekerasan Dalam Rumah Tangga

Domestic violence (KDRT) occurs in a gendered household and causes sorrow and suffering for its victims, who are mostly women, and perpetrators, who are mostly men. The Law on the Elimination of Domestic Abuse protects human dignity, husband and wife's rights in the home, and violence or discrimination against women (KDRT). In addition to raising community understanding and knowledge of gender equality and justice to promote women's welfare and protection from violence, women's participation in all disciplines, especially development, must be boosted. The government should protect women from assault and demeaning treatment. Domestic violence may happen anywhere. Domestic violence prevents victims and perpetrators from knowing one other's social, economic, or educational status. This endeavor educates the public about domestic abuse and its psychological repercussions on children.

Islamic Right for Women to Claim their Husband’s EPF Contribution according to Maqasid Sharia

A wife has the right to claim the property jointly acquired (harta sepencarian) during the marriage period. Claims can be made during the marriage (polygamy), divorce, after death or apostasy. Among the property that is often claimed as property jointly acquired is the Employees' Provident Fund (EPF) contribution money, although the claim is often rejected by the Shariah Court due to legal constraints, especially the EPF Act 1991 (Act 452). Hence, the question arises as to the position of the husband's EPF contribution; whether it can be claimed by the wife on the basis of the property or is there another basis? Hence, the objective of this article is to discuss the position of this claim, whether considered as 'wife's rights in accordance with Islamic law’ as opposed to 'property rights' in the Shariah Court. This qualitative study applied a content analysis approach for data collection and the analysis was presented descriptively. The results of the study found that the claim on the husband's EPF is more appropriate in the context of the 'claim of the wife's rights in accordance with Islamic law' than the 'claim of property rights' in the Shariah Court and in accordance with the maqasid syaria.

Kajian Yuridis Tentang Putusan Verstek Dalam Perkara Cerai Talak Di Pengadilan Agama Bondowoso Kelas 1A

Every human being in this world has a dream of a peaceful and peaceful home and even aging with a partner forever, no one wants their marriage to break up halfway either couples who are still not blessed with children or who already have children. But in the household does not escape the emergence of various problems that can result in disputes that are difficult to reconcile until finally divorce becomes the final way, as happened to the Bondowoso Class 1A Religious Court with a divorce case with a verstek verdict. The purpose of this study is to analyze the ratio decidendi of judges in Handing down Verstek Verdict No. 0015/Pdt.G/2020/PA.Bdw. and to find out the legal consequences regarding the wife's rights due to divorce talaq verstek. This research uses descriptive field research with a qualitative approach method. The types and sources of this research data are primary data sources and secondary data. The data collection techniques used were observation, interviews and documentation. The results of this study can conclude that the juridical study of the verstek decision in the talaq divorce case at the Bondowoso Religious Court class 1A is based on considerations based on a summons (relaas), the Defendant has been formally and properly summoned according to law and in accordance with the provisions of Article 26 of Government Regulation No. 9 of 1975 but does not appear at the conference and does not represent to others as his attorney. In his absence, the judge held that the defendant had waived his rights, as well as from the provisions of Article 19 letter (f) of Government Regulation No. 9 of 1975 Jo Article 116 letter (f) of the Compilation of Islamic Law.

Analisis Hukum Keluarga Islam Terhadap Pasal 4 Ayat (2) Peraturan Pemerintah Nomor 45 Tahun 1990 tentang Izin Perkawinan dan Perceraian Bagi Pegawai Negeri Sipil

The purpose of this study was to analyze the reasons why female civil servants were prohibited from becoming second, third and fourth wives based on Government Regulation Number 45 of 1990; and to analyze based on Islamic family law against the prohibition of female civil servants to become second, third and fourth wives based on Government Regulation Number 45 of 1990. The results of this study are the Prohibition of Women Civil Servants from becoming the third and fourth second wife is a preventive measure to prevent women who are civil servants from disputes in the family, prevent women from psychological pressure caused by polygamy has an impact on changing attitudes so that can interfere with their performance as a civil servant, to prevent children from psychological pressure that results in children's future growth, and protect the rights of wives and children regarding civilization in the event of a divorce in a polygamous marriage which can harm a woman with a civil servant status and result in imperfect rights support the child. The prohibition of women who are civil servants from becoming the second third and fourth wives in Government Regulation Number 45 of 1990 is in accordance with the maqashid sharia, namely to protect the soul (hifdz nafas) and protect the offspring (hifdz nasl), namely to protect children from the consequences If a civil servant woman becomes a polygamous wife

Efektifitas Pelaksanaan Itsbat Nikah Sebagai Upaya Perlindungan Terhadap Istri Di Kabupaten Aceh Utara

Itsbat nikah carried out by the Aceh Government are regulated in Aceh Governor Regulation Number 25 of 2017 which states that the Implementation of Marriage Legalization (Itsbat Nikah) is carried out with the aim of helping people in Aceh who marry during the conflict, tsunami disaster and poor communities in obtaining marriage certificates. However, the implementation of itsbat nikah carried out by the Government has not been carried out according to the target. Especially in North Aceh Regency, there are still many married couples who have not yet been married. So this will greatly affect the legal protection of the wife. Therefore, researcher is interested in examining how the procedure for implementing itsbat nikah in North Aceh Regency is, what are the inhibiting factors for the ineffectiveness of itsbat nikah in North Aceh Regency, and how the impact of implementing itsbat nikah as an effort to protect wives in North Aceh Regency is. The research method of this study used field research with an empirical juridical approach. The results of this study stated that the procedure for implementing an integrated itsbat nikah in North Aceh Regency started from registration at the District KUA, verifying files and then being tried by the Syar'iyah Court and after that the decision was issued. As for itsbat independent marriage, the procedure is the same as in other civil cases. Based on data on the itsbat nikah case in North Aceh Regency in 2015-2021 that the implementation of itsbat nikah in North Aceh Regency has not been effective, because it is not in accordance with the targets that have been determined at the beginning, there are still 24.82% who have not been certified for marriage. This is due to the limited budget from the Government and the Covid-19 that has occurred in Indonesia. So that the implementation of the itsbat nikah greatly impacts the legal protection of the wife, such as the wife's rights in terms of livelihood, inheritance, joint property, and so on.