Muhammad Syarif Hidayatullah, Firman Wahyudi, Saipullah Saipullah
{"title":"","authors":"Muhammad Syarif Hidayatullah, Firman Wahyudi, Saipullah Saipullah","doi":"10.32332/syakhshiyyah.v3i1.6485","DOIUrl":"https://doi.org/10.32332/syakhshiyyah.v3i1.6485","url":null,"abstract":"This paper aims to analyze the existence of marriage dispensation with the handling of cases and the standardization of case examinations based on legal certainty. This study is based on normative legal research with a statutory approach and a conceptual approach. The presence of a marriage dispensation is the cause of marriages that have not reached the minimum age of marriage according to applicable law. The determination of the age limit of marriage is influenced by the 'urf that prevails in society by considering various advances that do not conflict with Islamic law. Religious Courts as parties that have authority in issuing marriage dispensations, must consider various aspects before approving applications for marriage dispensations such as sharia, sociological, psychological, juridical, and health aspects. Juridically with the provisions contained in article 5 of the Marriage Law, the phrase \"very urgent reasons\" opens up a space for diverse interpretations (multi-interpretation) for judges in dealing with marriage dispensation because the context of this phrase is in a general, not particular, meaning. There needs to be standardization in the case of this marriage dispensation application so that there is a unity of mind that realizes legal certainty.","PeriodicalId":496498,"journal":{"name":"Syakhshiyyah Jurnal Hukum Keluarga Islam","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136154196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"","authors":"Fredy Gandhi Midia, Dian Apriyana, Achmad Arya Duta, Nely Melinda","doi":"10.32332/syakhshiyyah.v3i1.7075","DOIUrl":"https://doi.org/10.32332/syakhshiyyah.v3i1.7075","url":null,"abstract":"Mixed marriage is a marriage between people of different nationalities, one of whom is an Indonesian citizen. In this regard, in 2006 the Citizenship Law of the Republic of Indonesia No. 12 which aims to protect women who marry foreigners as a result of mixed marriages and their children. Legal issues can arise in mixed marriages, including issues related to the nationality status of either husband or wife and the citizenship status of the children. The purpose of this writing is to study and understand Law no. 12 of 2006 in defending the rights of women and children in mixed marriages. The data collection method is in the form of document study research derived from secondary data which is then analyzed using a qualitative descriptive method. The results of the discussion show that Law no. 12 of 2006 in essence prohibits discrimination and protects the rights of wives and children of Indonesian citizens who are intermarried and foreigners in the Republic of Indonesia.","PeriodicalId":496498,"journal":{"name":"Syakhshiyyah Jurnal Hukum Keluarga Islam","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136154189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Muhammad Nur Fathoni, Nawa Angkasa, Tarmizi Tarmizi
{"title":"","authors":"Muhammad Nur Fathoni, Nawa Angkasa, Tarmizi Tarmizi","doi":"10.32332/syakhshiyyah.v3i1.6797","DOIUrl":"https://doi.org/10.32332/syakhshiyyah.v3i1.6797","url":null,"abstract":"Marriage based on the provisions of Allah and His Messenger will make a happy household in this world and the hereafter based on sharia. The development of current trends in communication, information and technology can disrupt the noble value of marriage if it is misunderstood and misused. The real negative impact that occurs in society is the increasing number of women who become pregnant outside of marriage due to promiscuity. This study aims to examine the law of pregnant marriages in terms of three legal perspectives; Mazhab Fikih, Compilation of Islamic Law (KHI) and Maqāshid Shariā'h. This research is literature research with a literature approach. This type of research is library research with a document study approach where primary and secondary data are obtained from books, journals, books and references that discuss pregnant marriages. The results of this study found that the Ulama Mazhab Fikih discusses the act of pregnant marriage in Fikih and there is khilafiyyah related to the provisions and conditions for pre-marrying women who are pregnant outside of marriage and after marriage. The Compilation of Islamic Law (KHI) which regulates pregnant marriages in article 53 has fulfilled the five main objectives of sharia (adh-Dharūriyyah al-Khamsah); maintaining religion, soul, intellect, offspring/honor, and property after being reviewed with Maqāshid Sharī'ah.","PeriodicalId":496498,"journal":{"name":"Syakhshiyyah Jurnal Hukum Keluarga Islam","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136154442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A. Jamil, Cut Aja Sela Nirmala, Inge Maulidina Putri
{"title":"","authors":"A. Jamil, Cut Aja Sela Nirmala, Inge Maulidina Putri","doi":"10.32332/syakhshiyyah.v3i1.7255","DOIUrl":"https://doi.org/10.32332/syakhshiyyah.v3i1.7255","url":null,"abstract":"Discretion means independence and authority. Independence from the essence of discretion is independence and freedom to take appropriate actions. At the same time, authority is the power of decision in determining the applicable law. The nature of this discretion is following the position and authority of the judge as the executor of legal power. As expressly stated in the Constitution, judges are independent judiciary administrators and this is following Article 24 of the 1945 Constitution which refers to Article 21 of RI Law No. 4 of 2004 and its relation to legal freedom in marriage. and regarding the relationship with the marriage dispensation case, the judge based on the evidence will confirm the facts, namely that there is a valid reason according to law for the dispensation and after there is a reason, the judge will consider the law. The research used by researchers in this study is empirical or sociological legal research. Empirical or sociological research or field research. The nature of this research is descriptive. Descriptive research. Prescriptive research is research that aims to provide an overview or formulate a problem based on existing conditions or facts. The results of the study show that judges do not only base their decisions on laws and regulations but also use their power and freedom to make fair decisions based on their conscience. The judge granted many divorce requests submitted to the Sukadana Religious Court. This is because the judge prioritizes the concept of maslahah. The wisdom of the judges of the Sukadana Religious Court in accepting applications for marriage certificates is included in the category of \"Hifd al-Nasl\" (safeguarding offspring) in the Maqashid Syariah theory. This effort is seen as a way to prevent the applicant's child from committing adultery.","PeriodicalId":496498,"journal":{"name":"Syakhshiyyah Jurnal Hukum Keluarga Islam","volume":"223 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136154443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"","authors":"Fairuz Salsabila, Qoiz Azizah Bin Has","doi":"10.32332/syakhshiyyah.v3i1.6939","DOIUrl":"https://doi.org/10.32332/syakhshiyyah.v3i1.6939","url":null,"abstract":"As a marriage counselor, coach and preserver, the Advisory Board for the Development and Preservation of Marriage (s an important role in maintaining the integrity of the household. However, in reality BP4 still has not carried out its role and function optimally. This can be seen in divorce cases that have become a common problem in all circles of society. The purpose of this research is to find out why the existence of BP4 is unable to prevent divorce, especially the State Civil Apparatus in medical personnel. This research uses a qualitative descriptive method with a psychological approach. The results of this study indicate that the existence of BP4 can be said to be not well established. Although it has been established since about 60 years ago, in fact BP4 is still unable to prevent divorce. One of the reasons is because BP4 does not get material and non-material support from the government, so that in its movement BP4 experiences many limitations. Furthermore, the results of interviews and documentation related to divorce in medical personnel, show that infidelity, lack of physical and mental maintenance, quarrels and disputes, and not having offspring, are the background for medical personnel to divorce. Based on this explanation, it can be concluded that divorce that occurs in medical personnel has similarities to divorce that occurs in society in general. This shows that divorce is not related to a profession.","PeriodicalId":496498,"journal":{"name":"Syakhshiyyah Jurnal Hukum Keluarga Islam","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135503027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"","authors":"Yusuf Yusuf","doi":"10.32332/syakhshiyyah.v3i1.7002","DOIUrl":"https://doi.org/10.32332/syakhshiyyah.v3i1.7002","url":null,"abstract":"One of the characteristics of Islamic Syari'ah is the elimination of difficulties and ease ('Adamul Haraj wat At-Taysir). Many verses of Al-Qur'an and Hadist of the Prophet explicitly explain this. In fact, this feature can be found in all provisions of the Syari'a, like in a marriage. However, Indonesian society is a society that really keeps the richness of culture and customs in a marriage. Even with strict requirements, these customs and traditions are considered to be used as a benchmark and consideration in determining the law. This article will examine the phenomenon of the Pesurung Adat tradition, from the perspective of Al-'Urf and the principle of eliminating difficulties and facilitating ('Adamul Haraj wat At-Taysir) so that the Pesurung Adat tradition can be seen from the perspective of Islamic law properly. This study analyzes the tradition of Pesurung Adat in the people of Kayu Baong Hamlet, Pekawai Village, Sayan District, Melawi Regency, West Kalimantan. Data were obtained by interview method on this tradition. The results showed that this tradition that has been passed down for generations is Al-'Urf As-Shahih (The true tradition), does not contradict the postulates of nash, and is a form of cultural diversity owned by the Indonesian state. The tradition of Pesurung Adat cannot be considered contrary to the principle of 'Adamul Haraj wat At-Taysir because the bridegroom does not object to fulfilling this tradition. If the bridegroom does not have the financial means, the Dewan Adat has agreed that if the bridegroom is unable to fulfill this tradition of Pesurung Adat then he will not be forced to obligate. The findings and studies in this study can be a guide to look at the traditions surrounding the marriage, especially those related to giving some finances both before and after the wedding","PeriodicalId":496498,"journal":{"name":"Syakhshiyyah Jurnal Hukum Keluarga Islam","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135503026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ibnu Akbar Maliki, Nurhidayati Nurhidayati, Mardan Erwinsyah
{"title":"","authors":"Ibnu Akbar Maliki, Nurhidayati Nurhidayati, Mardan Erwinsyah","doi":"10.32332/syakhshiyyah.v3i1.7028","DOIUrl":"https://doi.org/10.32332/syakhshiyyah.v3i1.7028","url":null,"abstract":"The purpose of this article is to find out the pattern of child care and protection in Muslim countries. The research method used is a documentation study of laws and regulations in Muslim countries such as Indonesia, Egypt and Tunisia. These three countries have the same pattern and orientation in child protection, which elaborates the role of the family and the state. The practical contribution of this article will provide a counter narrative to the phenomenon of violence against children that occurs in Muslim countries. The results show that child care and protection is one of the main priorities in the wheels of government in Muslim countries. The efforts made are very complex, ranging from the establishment of policies to the empowerment of formal and non-formal institutions. Partnerships and co-operation start from the family as the smallest social institution by involving all members to be actively involved in childcare, namely husband and wife. In addition, specially established government institutions also actively support the protection of children to ensure their survival and safety.","PeriodicalId":496498,"journal":{"name":"Syakhshiyyah Jurnal Hukum Keluarga Islam","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136311272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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