Marriage Rules Research Articles

Dialektika Pernikahan Anak Perspektif Fiqh dan Undang Undang No. 1 Tahun 1974

The institution of marriage is God's grace in order to maintain the dignity, dignity and dignity of human beings in order to ensure the continuity of human regeneration as a caliph on earth, and in Islamic studies, that a marriage that is the shari'a of God, then in its implementation must be in accordance with the provisions of Islamic teachings, namely it must be in accordance with the terms of marriage, and in the context of social life of the community, the state is present to ensure public order and order social, therefore a law was drafted that discussed marriage, and in the context of Indonesia, there is Law No. 1 of 1974. The existence of marriage rules in the review of shari'i, following the drafting of the Marriage Law, naturally there are differences in some rules that often cause controversy in the midst of social life, for example in the case of early marriage, therefore in this research, we will explore what exactly is the terminology of marriage and early marriage. This research also questions the law of early marriage from the perspective of Islamic fiqh, and also questions the results of the dialectic of al-Islam fiqh and law. No. 1 of 1974 as rules that are present in the midst of the Indonesian Muslim community.This study is a literature research using content analysis techniques to get answers from several references relevant to the title of this study, either references classified from primary sources or from secondary sources

이자겸의 집권 배경과 인종초 이자겸 권력의 공식화

This article aimed at analyzing complex factors that made Yi Ja-gyeom in power and furthermore tried to find out how Goryeo reflected his unique authority in his position and officialized special power that originated from his authority. Yi Ja-gyeom was the first bureaucrat that was from non-royal family but alive as a grandfather of present king. In the same time, he was a meritorious retainer who enthroned his grandson King Injong by gathering support among aristocratic network members. His exceptional identities were formed by comprehensive combination of marriage rules of the Goryeo royal family, political situation after King Sukjong's accession, marriage strategies of the royal family in mid-Goryeo period, and biological coincidence. Hierarchy between King Injong and Yi Ja-gyeom differentiated according to the public and private spheres. Serious debate on legislative ways to accept their conflicting conditions was proceeded in the early period of King Injong’s reign and as a result the concept of ‘feudal lords with different family names (異姓諸王)’, which had already existed in chinese investiture system, was created in the Goryeo dynasty. Yi Ja-gyeom got the title as Joseongukgong (朝鮮國公), new rank higher than duke (公; gong) of the royal family. This concept and systematic foundation like arrangement of feudal administration office (開府) for it were used continuously until the period of Choi dictatorship. Yi Ja-gyeom went to the stage of referencing regent (知軍國事) as using the public foundation permitted to Joseongukgong. Unlike the case of Joseongukgong, this position of regent able to substitute for the monarchy could never be allowed in the Goryeo dynasty, and that’s why Yi Ja-gyeom failed in the end.

Symbolic Interaction of the Meaning of Triwangsa Women's Marriage in Balinese Hindu Culture

The existence of Hinduism and Balinese culture is an inseparable unity, both of which guide the lives of Balinese people. In Balinese Hindu culture there is a grouping of wangsa as a symbol of identity and social status. Differences in social status will cause differences in behavior in communicating with the audience. The grouping of social status affects the rules of marriage that require women to marry men who have equal social status. Women are not allowed to marry men who have low wangsa because if they do so, the women must go down the wangsa. When a woman has stepped down, there is a change in the way she interacts and communicates with family and society. Changes in the identity of Triwangsa women have a big impact on the doers as well as the family and the environment. This research aims to describe the symbolic interaction in the marriage of Triwangsa women towards the Balinese Hindu family and environment. The results showed that there are differences in interaction patterns between women who descend from the wangsa and women who still have a fixed wangsa.

The moral grammar of marriage rules

Abstract According to theories of “moral grammar,” judgments of what is wrong or right – like judgments of what is ungrammatical or grammatical – are guided by implicit, often unconscious rules. An ideal test case for exploring the parallels between moral rules and language rules is the moral regulation of mating in relation to kinship. Here I argue that combinatorial variation in both kin terminologies and marriage rules results from the operation of a grammar faculty, which juggles tradeoffs between conflicting constraints according to the principles of “Optimality Theory.” This works to produce kinship grammars, input-output systems that map some kin types onto others via mergers and reductions. This in turn can yield marriage rules. If a kin type maps onto a close consanguine, this corresponds to a marriage proscription. If a kin type maps onto a close affine, this corresponds to a marriage prescription/preference. I analyze both elementary structures of kinship (where cross kin are prescribed spouses, and parallel kin are proscribed; e.g. Dravidian southern India) and complex structures (where kin are divided into an unmarriageable core and a marriageable periphery, and affines are sometimes tabooed because they are equated with close consanguines; e.g. Jane Austen’s England). Rather than treating social organization as the source of mental categories, this analysis starts with the machinery of categorization and shows how it spontaneously generates marriage rules. The result is an updating of structuralism in light of cognitive science: moral codes vary within limits set by fundamental structures of the human mind.

Marriage Between Religions Based on Human Rights Perspectives

The controversy over religious marriages is still a matter of legitimate recognition by the state. The provisions of this regulation have not been explicitly regulated in the Act No. 16 of 2019 on the Amendment of the Regulation of the Law No. 1 of 1974. So researchers are interested to know the establishment of marriages of different religions based on the human rights perspective in the decision of the Supreme Court No. 1400K/Pdt/1986. This research is analytically descriptive, with an empirical jurisprudential approach and using the type of library research, to describe in depth about the topic of marriage from a different religious perspective through the understanding of concepts, understanding marriage rules, analyzing and concluding the results of research. So it is concluded that this problem does not have a point of legal clarity and creates a legal vacuum, so that this practice does not get a place in the eyes of the law. This practice of marriage is considered difficult to implement, so not a few people submit to the trust of their partners to carry out the marriage. According to the International DUHAM instrument, marriages of different religions are deemed to violate the right of every human being to enter into marriage. So the practice of marriage of different religions in the country of Indonesia is established on the basis of the decision of the Supreme Court No. 1400K/Pdt/1986. It's supposed to have got the attention of the government by issuing a new legal regulation

Legal Study of Interfaith Marriage According to Positive Law and Religious Law Regarding the Practice of Interfaith Marriage in Indonesia

Interfaith marriage raises legal issues that require special attention, even though they are considered sacred in religious communities in Indonesia. The study aims to determine how Indonesia's positive laws and religion view marriage between people of different religions. Normative juridical and descriptive-analytical were used to conduct this research. After being obtained from library materials and secondary data, the data is analyzed qualitatively to obtain deductive conclusions. The study found that Law No. 1 of 1974 on Marriage stipulates marriage rules in Indonesia. It states that each spouse's religious beliefs determine whether the marriage is valid or not. Furthermore, Law Number 16 of 2019, which amends Law Number 1 of 1974, sets the age limit at which a person can marry. However couples with different religious backgrounds often face problems. Religions have different views on marriage. These concepts affect the legal status of marriage. The law affects the status and position of children, marital status, and administration of residence. Therefore, a deep understanding of positive religious and legal perspectives is necessary to resolve these legal issues in a fair and balanced manner.

Factors that Cause the Occurrence of Siri Marriage in Tualang District

Purpose – In the procedural rules of marriage within the Indonesian Islamic society, it is stipulated that marriages must be officially recorded and published in accordance with Marriage Law No. 1 of 1974. In reality, not all segments of the Indonesian population adhere to the established procedures or rules. This is evidenced by the fact that a portion of the population in the Tualang District of Siak Regency still engages in unregistered marriages that are not officially documented or published, which deviates from the provisions of Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. This study aimed to identify the factors underlying the occurrence of unregistered marriages in the Tualang District.
 Methods – To achieve this objective, the researcher employed qualitative research methodology. Data collection was carried out using observation, interview, and documentation methods. The data validity testing technique used was triangulation of sources and methods. Data analysis was conducted using an interactive analysis model consisting of data collection, data reduction, data presentation, and drawing conclusions.
 Findings – The research findings indicate that the practice of unregistered marriages in the Tualang District is similar to regular marriages, with the key distinction being the lack of official documentation. The factors contributing to unregistered marriages in the Tualang District include: out-of-wedlock pregnancies, economic factors, and the desire for polygamy.
 Research implications/limitations – The impacts of unregistered marriages on the community include ease of conducting marriages, difficulties in obtaining birth certificates for children, a higher likelihood of divorce, document forgery, and conflicts.
 Originality/value – The results of this research are expected to be a practical reference for the community and government to overcome the problem of nikah siri. The factors that cause nikah siri described in this research can be an illustration for the government to be able to formulate policies related to the problem of siri marriage.

BIAS GENDER DALAM PERKAWINAN ADAT: STUDI TENTANG KAWIN SASUKU DI KANAGARIAN SIMARASOK KECAMATAN BASO KABUPATEN AGAM PERSPEKTIF HUKUM KELUARGA ISLAM

The focus of this thesis study is gender bias in traditional marriages: a study of sa-tribe marriages in Kanagarian Simarsaok from an Islamic family law perspective. The problem in this thesis is for gender bias in traditional marriages, namely sa-tribe marriages in Kanagarian Simarasok and the factors that cause gender bias and the views of Islamic law regarding gender bias in the implementation of sasuku traditional marriages in Kanagarian Simarasok. This type of research is field research. Data collection was carried out through interviews with informants, namely niniak mamak, head of KAN and those who performed sasuku marriages in Kanagarian Simarasok, Baso District, Agam Regency. Data processing is done by analyzing the data using qualitative comparative techniques. Comparative means comparing one data with another. there are three forms of gender bias that occur in traditional marriages of sasuku marriages in Kanagarian Simarasok. Then, there are four factors that cause gender bias in Kanagarian Simarasok, Baso District, Agam Regency. From the results of the discussion on the findings above, the researcher concludes that in the perspective of Islamic Family Law these customary marriage rules are not contradictory in the slightest, because there are no orders or prohibitions in the texts and munakahat arguments which state that these customary rules violate the provisions of existing texts. And these gender-biased rules do not affect the concept of kafaah in the perspective of the four schools of thought.

RELIGIOUS AND CULTURAL DIALECTICS IN DETERMINING EARLY-AGE MARRIAGE (Case Study of the Increase in Early-age Marriage in Pinrang City from the Maqashid Shariah Perspective)

Marriages conducted in Pinrang Regency often do not pay attention to the rules of marriage that have been established, especially the issue of age. Such problems are difficult to avoid, especially in ordinary people, thus reducing the negative impact of early marriage. The role of the National Family Planning Agency through the Office of Population Control, Family Planning, Women's Empowerment, and Child Protection of Pinrang Regency is required. The objectives of this study are as follows: to identify the negative impacts caused by early marriage in Pinrang Regency, to analyze or determine the potential for underage marriage in Pinrang Regency, and to describe the role of the Pinrang Regency government in reducing underage marriage. This study is qualitative research. The approach used is socio-juridical. The research is descriptive qualitative. There are two types of data used, namely primary data and secondary data. The technique of data processing used observation, interviews, documentation, triangulation, and data validity tests using credibility, transferability, dependability, and confirmability. Furthermore, the data analysis technique used the data reduction technique (data reduction), display (data presentation), and conclusion drawing/verification (concluding). Based on the results of this study, it shows that: first, underage marriage has a negative impact, especially concerning health issues. Second, It was found that approximately 90% of underage marriages in Pinrang Regency were conducted by women, with requests for dispensation of marriage being submitted more by people who live in urban areas compared to rural areas. The negative impact presented in early marriage is more dominant than the positive impact. Based on the Maqasyid shari'ah theory, the practice and potential of early marriage in Pinrang City is contrary to Hifdzunnafs for both women and children based on the data that has been described.

Multiomics analysis reveals the genetic and metabolic characteristics associated with the low prevalence of dental caries

ABSTRACT Background Despite poor oral hygiene, the Baiku Yao (BKY) ethnic group in China presents a low prevalence of dental caries, which may be related to genetic susceptibility. Due to strict intra-ethnic marriage rule, this ethnic has an advantage in studying the interaction between genetic factors and other regulatory factors related to dental caries. Methods Peripheral blood from a caries-free adult male was used for whole genome sequencing, and the BKY assembled genome was compared to the Han Chinese genome. Oral saliva samples were collected from 51 subjects for metabolomic and metagenomic analysis. Multiomics data were integrated for combined analysis using bioinformatics approaches. Results Comparative genomic analysis revealed the presence of structural variations in several genes associated with dental caries. Metabolomic and metagenomic sequencing demonstrated the caries-free group had significantly higher concentration of antimicrobials and higher abundance of core oral health-related microbiota. The functional analysis indicated that cationic antimicrobial peptide resistance and the lipopolysaccharide biosynthesis pathway were enriched in the caries-free group. Conclusions Our study provided new insights into the specific regulatory mechanisms that contribute to the low prevalence of dental caries in the specific population and may provide new evidence for the genetic diagnosis and control of dental caries.

Analisis Yuridis Terhadap Penerapan Hukum Adat Karo Tentang Perkawinan Semarga

Customary law is something that is very inherent in Indonesian society, because it is still growing and being applied in the midst of society to this day. Among the many customs that exist in Indonesia, the Karo custom is one that is still very heavily applied. Adat Karo has provisions related to the customary culture of its indigenous people, both related to marriage, inheritance distribution, and other customary practices in accordance with the activities carried out. This research method is juridical and normative analysis, data sources are carried out in literature and in the field. Field research conducted interviews in Gongsol Village, Karo District. The purpose of this writing is to find out and analyze the rules for the application of Karo customary law regarding same-sex marriage. The results of this study are that the marriage rules in the Karo custom are in the form of an agreement between the two parties, namely the introduction of the parents of both parties, ngembah belo a sheet, ngantik manuk, ngalari customary debt (party), hitting after the Karo traditional party is finished. In traditional Karo marriages, it is not permissible to marry with the same clan, this has become customary law in Karo customs, and if this happens, they will be expelled from the local village/village.

THE INDIGENOUS SUBJECT IN LAW: AT THE INTERSECTION OF THE CARTESIAN SUBJECTIVITY AND THE RULE

This paper addresses a key question raised by the tension between the subject of normative law and indigenous, collective systems. Within the framework of the Lacanian psychoanalysis, the author explores Cartesian specificity of a legal subject. He argues that structural nature of that legal construct not only affects an individual ontologically but also reorients the dialectics inherent in legal dogmatism. Following Baudrillardian thought, it is assumed in the paper that the total opposition to normative law is not the absence of law but rather the Rule. The Rule is a concept engaging the individual into dialectics of a game and at the same time ruling out any sense of inherently legal transgression. However, the context of indigenous systems based on the Rule, besides amplifying an alienating effect of the individualization of responsibility, also explains the incongruity of normative law in some cultural contexts. The failure to integrate indigenous, traditional and local legal systems into the post-colonial normative discourse is just one of many illustrations of this. As an exemplary case, the author evokes injustice (in the Lyotardian sense) resulting from litigation simultaneously based both on Brahmanical marriage rules and the Hindu Code Bill. In its final part, the text summarises the impasses of the legal dialogue with indigenous rules and the ways of emancipation for an individual imbedded in the Cartesian subjectivity, which are inspired by transcultural encounters.

TINJAUAN YURIDIS TERHADAP PERKAWINAN BEDA AGAMA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974

In Article 2 paragraph 1 of the Marriage Law it is stated that marriage is valid if it is carried out according to the laws of each religion and belief. In the Explanation of Article 2 paragraph 1 of the Marriage Law it is stated that no marriage is outside the law of each religion and belief in accordance with the 1945 Constitution. Thus according to law, marriage must take place according to the law of each religion and belief. If the marriage is carried out outside or contrary to the laws of each religion and belief, then the marriage is invalid. The words "the laws of each religion and its beliefs" do not mean that each party is subject to different religious laws, but that it only shows or distinguishes the religions that are adhered to by the people of Indonesia, therefore Article 2 of the Law Marriage will only be effective if the prospective husband and wife adhere to the same religion. Now the problem is if the prospective husband and wife who want to get married adhere to different religions, which party's religious law will apply to legalize the marriage, while neither party wants to give in to submit to the other party's religious law. It should be pointed out that no marriage may be legalized by two different religions at the same time, because each religion has its own principles and different marriage rules from one another, which of course have different consequences.

Isu Gender dan Feminisme di Asia Selatan

This article aims to describe Gender and Feminism Issues in the Southern Asia region, the method used is the library research approach, namely a research approach that aims to collect data and information with the help of various materials found in the library room. The sources used are secondary sources, namely sources obtained from books, magazines, documents, journals, notes and historical stories and so on. The results of this discussion are that basically feminism refers to social movements carried out by both women and men to increase equality between women and men. Discrimination against women in India still occurs in terms of education, health, employment, social issues, etc. The gender structure in Pakistan is also lagging behind, and the role of women is still undergoing upheaval, society's thinking has led to a situation where the majority of society is still illiterate. Meanwhile, in Afghanistan, most women feel that the Taliban is trying to make women invisible by prohibiting women from getting an education and working. Then Nepal with the issue of trafficking women abroad, and the last one is Sri Lanka, where in fact the rules of the family and each community tend to be discriminatory, also regarding the rules of marriage, divorce, property and financial transactions. Meanwhile, in Afghanistan, most women feel that the Taliban is trying to make women invisible by prohibiting women from getting an education and working. Then Nepal with the issue of trafficking women abroad, and the last one is Sri Lanka, where in fact the rules of the family and each community tend to be discriminatory, also regarding the rules of marriage, divorce, property and financial transactions. Meanwhile, in Afghanistan, most women feel that the Taliban is trying to make women invisible by prohibiting women from getting an education and working. Then Nepal with the issue of trafficking women abroad, and the last one is Sri Lanka, where in fact the rules of the family and each community tend to be discriminatory, also regarding the rules of marriage, divorce, property and financial transactions.

BECAUSE A MAN IS JUST A BONUS: A QUALITATIVE STUDY ON WOMEN WHO DECIDE NOT TO MARRY

Indonesia is a collectivist country that adopts their traditional law called adat as part of their system besides constitution and Islamic law. Adat has sets of rules for marriage and much of the time, Indonesian are confirmed to the rule. But the survey shows that there is evidence of a woman who decided not to get married despite adat rules. Thus, this study explores the reason women who decided to not marry using a phenomenological approach to capture their experience leads to the decision. The study found that family is the main reason for their decision. They experience their parents' divorce and demanding family whose follow adat rule and suppress them to marry. Therefore, both participants decided marriage is not for everyone and not the only source of happiness.

Isbat Nikah Pasangan Mualaf dalam Hukum Islam dan Hukum Positif di Indonesia

Marriage certificates are usually given to husbands and wives who have entered into a marriage contract according to Islam but are not legally registered by the state. In the end, the marriage has no legal force. As a result, when a problem arises in the marriage between the husband and wife, they cannot solve it legally because they need a marriage certificate. Marriage cases delegated to the Religious Courts to be confirmed marriages that have been held according to Islam but have yet to be known to the Marriage Registrar. This is different from the case in stipulation Number 14/Pdt.P/2017/PA.Jmb mentions a husband and wife marriage that was held according to Buddhism before both embraced Islam and without renewing the marriage contract according to Islam. This study aims to understand the juridical and normative considerations of the Panel of Judges in granting the request for confirmation of marriage and how to analyze the stipulation. This research is a case study using a normative-juridical approach. The data analyzed was carried out in a descriptive-analytical manner. The data that has been collected is obtained by interview and documentation methods. In this case, interviews were conducted with the Jambi Religious Court Judges, and documentation was in the form of several literature books and journals related to the research theme. The resulting research shows that the Panel of Judges granted the application for a marriage certificate in the determination based on the considerations of Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and the opinion of ash-Shafi'i as contained in the book al-Umm. This determination does not violate provisions in Islamic Law and Positive Law. In positive Law, there are no rules regarding the marital status of converts after converting to Islam, so this paper is expected to contribute material for consideration to complement the marriage rules in Indonesia so that it can make it easier for the Panel of Judges to determine similar cases. Keywords: Marriage Confirmation; converts; Islamic Law; Positive Law.

LEGAL VACUUM IN INTERFAITH MARRIAGE RULES IN INDONESIA

The legal vacuum regarding the rules of interfaith marriage was not something new. However, this matter has not been resolved by the Government of Indonesia. After the Marriage Law’s promulgation, the rules of interfaith marriages "disappeared", even though before the promulgation of the Marriage Law, interfaith marriages were regulated clearly and firmly. The phenomenon of interfaith marriage in society which was very difficult to avoid was an essential point of concern for the state to accommodate the rules regarding interfaith marriages. This article discussed the phenomenon of interfaith marriages in Indonesia and the legal rules of interfaith marriages before and after the promulgation of the Marriage Law. This article was the result of normative juridical research using the statutory approach method. The data used was secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials, which were collected from the literature and then analysed using qualitative analysis methods. Based on the research results, many Indonesian people still carry out interfaith marriages in Indonesia, and the rules of interfaith marriages formulated in the Marriage Law are inadequate. The Indonesian government must accommodate interfaith marriage arrangements in order to provide legal certainty to all people.

Fenomena Tradisi Larangan Perkawinan Adat Mangku Dalan dan Temu Pojok Pada Masyarakat Desa Tenggulun Kecamatan Solokuro Kabupaten Lamongan

In reality, the customary rules of marriage between one indigenous people are different from other indigenous peoples, between one tribe is different from another, between those who are Muslim are different from those of other religions, as well as there are differences in marriage customs between urban and rural communities. other. Customs that have become a customary law will be more difficult and stronger because violations of them will meet with a sanction in accordance with the regulations that apply and are obeyed in that society. Including the custom followed by the people of Tenggulun Village, Solokuro District, Lamongan Regency where there is a prohibition on marriage caused by mangku dalan and temu corner when it is not complied with, then in the future the family will experience bad luck in the household. The results of the study found that customs in marriage in the form of prohibitions on mangku dalan customary marriages and corner gatherings carried out by the people of Tenggulun Village, Solokuro District, Lamongan Regency according to 'urf are included in 'urf shahih because they are considered not to conflict with syara law'. Meanwhile, according to Islamic law and Law No. 1 of 1974 there are no prohibitions like the above, and the public's reason for these prohibitions is only to get safety, good luck, and blessings from Allah SWT.

The Social Dynamics of Lovesickness and the Ecclesiastical Project's Expansion in Medieval Northern Europe

Abstract: The aim of this article is to analyze the social patterns of lovesickness in thirteenth century Iceland and Norway. I approach feelings from an anthropological perspective and understand them as emotional concepts that shed light not on the inner state of the individual, but rather on the social context in which one is integrated. Special attention is paid to the relationship between love and grief in Vǫlsunga saga, Tristrams saga , and the Strengleikar . In these sources, most of the concepts for grief, pain, and sorrow are associated with love affairs, and can be the result of infatuation, of the impossibility for the sweethearts to stay together, or of the beloved's death. This affection is also understood as an illness whose only remedy lies in the loved person. The emphasis placed on the conjugal relationship runs parallel to historical changes in kinship structure and marriage rules. Thus, emotional concepts and literary expressions of love could react against social practices and pave the way for the insertion of Christian laws. However, the Christian marriage model was not totally opposed to secular interests, as the economic and political gains of marriages were still crucial in both medieval literature and law.

Kajian Tafsir Lisan tentang non-Muslim Perspektif Kiai Haji Maimun Zubair

On social media, there is a lot of hate speech and discriminatory behavior against non-Muslims carried out by radical Islamic groups. Even though it is contrary to what was taught by the Prophet and Ulama such as Walisongo. This if left unchecked will have an impact on disharmony and the development of intolerant behavior. This study examines the oral interpretations of scholars who have a depth of knowledge and are recognized for their wisdom by other scholars, especially Kiai Haji Maimun Zubair. A great Ulama caregiver PP. Al-Anwar Rembang regularly held an interpretation recitation during his lifetime with his students and the general public. The method used is to watch, listen and take notes, meaning that the researcher watches the video interpretation of Kiai Haji Maimun Zubair on YouTube which is uploaded by the official account of the pesantren (PP al-Anwar), then the researcher listens to what is conveyed and notes several important points for further study. deeper through discourse analysis. The results of the research on the oral interpretation of Kiai Haji Maimun Zubair in QS. Al-Isra: 53 on youtube shows that: 1) To communicate with nonMuslims, the best step is not to offend him as an expert in hell or make fun of his Lord. 2) believe that the concept of religious people is good, meaning that religious people are obedient to their religion which has five basic legal rules for marriage, cannot recognize property rights, cannot kill, cannot damage reason, can not damage other people's honor.