Prophetic Law Accentuation in Marriage Regulations in Indonesia: Efforts to Maintain Family Resilience During The Pandemic

Adi Nur Rohman
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引用次数: 1

Abstract

The Indonesian people during the pandemic seemed to forget the purpose of married life which idealizes a household that lasts forever. The increasing divorce rate during the pandemic seems to confirm this hypothesis regardless of any triggering factors. Of course, the product of legislation related to marriage and family must be able to maintain the integrity and resilience of the family. This article aims to analyze transcendental values in marriage law regulations which play a very significant role in building family resilience. This article is in the form of a normative legal study that instrumented the approach to the application of laws and the philosophical approach and prophetic legal theory as a knife of analysis. The results of the study show that emphasizing divine values on rules that build and family resilience is absolutely necessary in and maintaining family resilience which is manifested in a sakinah, mawaddah and rahmah household. Prophetic values such as efforts to complicate divorce, legalization of marriages based on religious law, marriage as a form of lifelong ubudiyah must be internalized in applicable legal regulations.
印度尼西亚婚姻法中的预言法强调:在大流行期间保持家庭恢复力的努力
在大流行病期间,印度尼西亚人民似乎忘记了婚姻生活的目的,婚姻生活理想化地是一个永久的家庭。大流行期间离婚率的上升似乎证实了这一假设,无论触发因素如何。当然,与婚姻和家庭有关的立法的产物必须能够保持家庭的完整性和弹性。本文旨在分析婚姻法规范中的超验价值观对家庭弹性建设的重要作用。本文以规范性法律研究的形式,将法律适用的方法、哲学方法和预言性法律理论作为分析的刀。研究结果表明,强调建立家庭弹性的规则的神圣价值是绝对必要的,并保持家庭弹性,这体现在sakinah, mawaddah和rahmah家庭中。诸如努力使离婚复杂化、根据宗教法使婚姻合法化、将婚姻作为一种终身不婚的形式等预言性价值必须内化在适用的法律条例中。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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