{"title":"Sadd Al-Żari'ah审查Iṡbāt Nikah Sirri在班达亚齐的叙利亚法院","authors":"Nasaiy Aziz, Rafidah Rafidah","doi":"10.22373/hadhanah.v3i2.2947","DOIUrl":null,"url":null,"abstract":"Iṡbāt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iṡbāt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-żari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iṡbāt nikah is in accordance with the theory of sadd al-żari'ah. This is necessary to realize benefit and avoid damage.","PeriodicalId":179875,"journal":{"name":"El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law","volume":"122 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Sadd Al-Żari'ah Review of Iṡbāt Nikah Sirri at the Syar'iyah Court in Banda Aceh\",\"authors\":\"Nasaiy Aziz, Rafidah Rafidah\",\"doi\":\"10.22373/hadhanah.v3i2.2947\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Iṡbāt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iṡbāt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-żari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iṡbāt nikah is in accordance with the theory of sadd al-żari'ah. 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引用次数: 0
摘要
Iṡbāt nikah是一种为了获得真实证据并获得保护和法律效力的婚姻判定,特别是对妻子和孩子。伊斯兰法庭有权接受、审查和裁决穆斯林之间的案件。其中一个是iṡbāt婚姻申请号码232/Pdt.P/2022/MS.Bna。然而,经过研究和尝试,这一申请被法官小组拒绝,因为它不符合批准婚姻的要求iṡbāt。因此,提交人想知道班达亚齐伊斯兰法院的法官小组在驳回第232/ pdp . p /2022/MS.Bna号案件中对一名女子结婚要求iṡbāt nikah的申请时,考虑的依据是什么。以及sadd al-żari'ah对班达亚齐伊斯兰法院法官小组审议的规定和法律依据进行了审查,该小组拒绝了第232/ pdp . p /2022/MS.Bna案件中sirri婚姻的iṡbāt nikah申请。在本研究中,作者采用了一种定性研究方法和规范的法律方法,并使用了一种图书馆研究(图书馆研究)。本研究结果表明,法官小组拒绝了iṡbāt婚姻编号232/Pdt.P/2022/MS的申请。不,因为申请人二世(妻子)的婚姻监护人不是他的生父或与申请人二世有血缘关系的人,而是在他们结婚的伊斯兰寄宿学校就读的tengku,申请人二世的生父也没有代表该tengku。Iṡbāt nikah与sadad al-żari'ah的理论一致。这对于实现利益和避免损害是必要的。
Sadd Al-Żari'ah Review of Iṡbāt Nikah Sirri at the Syar'iyah Court in Banda Aceh
Iṡbāt nikah is a marriage determination in order to obtain authentic evidence and to obtain protection and legal force, especially for wife and children. The Syar'iyah Court has the authority to receive, examine and adjudicate cases between people who are Muslim. One of them is the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna. However, after being studied and tried, this application was rejected by the panel of judges because it did not meet the requirements for the granting of the marriage iṡbāt. Therefore, the author wants to know what is the basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court in rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. And what about sadd al-żari'ah's review of the stipulation and legal basis for the consideration of the panel of judges at the Banda Aceh Syar'iyah Court rejecting the application for iṡbāt nikah from a sirri marriage in case Number 232/Pdt.P/2022/MS.Bna. In this study the authors used a qualitative research method with a normative juridical approach and used a type of library research (Library Research). The results of this study indicate that the panel of judges rejected the application for iṡbāt marriage Number 232/Pdt.P/2022/MS.Bna because the marriage guardian of Petitioner II (wife) is not his biological father or a person who has blood relations with Petitioner II, but tengku who was at the Islamic boarding school where they got married and was also not represented by Petitioner II's biological father to said tengku. Iṡbāt nikah is in accordance with the theory of sadd al-żari'ah. This is necessary to realize benefit and avoid damage.