{"title":"在伊斯兰法的概念中实现被监禁妻子的权利(对 Sigli II B 级女子教养院怀孕囚犯的案例研究)","authors":"Cut Meuthia Sari, Jailani Jailani, Faisal Yahya","doi":"10.22373/tadabbur.v5i2.366","DOIUrl":null,"url":null,"abstract":"In Islam, husbands have the responsibility to fulfill the rights of their families. However, in the context of convicts, the implementation of these rights can become more complicated due to the limitations imposed by imprisonment. The objectives of this research are: first, to analyze the rights of pregnant wives who are convicted and imprisoned at the Class II B Sigli Women's Correctional Institution in Pidie Subdistrict, Pidie Regency, based on the perspective of Islamic law; and second, to analyze the fulfillment of husbands' obligations towards pregnant convicts at the Class II B Sigli Women's Correctional Institution in Pidie Subdistrict, Pidie Regency. This study adopts an empirical legal research approach (non-doctrinal research). Data were collected through in-depth interviews, observations, and document analysis. The findings of this research resulted in two main outcomes: First, the determination of the obligation to provide financial support for pregnant wives in prison is mandatory due to their pregnancy. Second, the fulfillment of the rights of imprisoned wives by their husbands, as stipulated in the conception of Islamic law, is still not fully achieved. This is due to the husbands' incarceration. Based on these findings, it is recommended to establish regulations regarding the fulfillment of the rights of imprisoned wives by convict husbands. This would involve the cooperation between correctional institutions, authorities, and religious institutions in facilitating easier and more accessible access for convict husbands to fulfill the rights of their imprisoned wives.","PeriodicalId":367521,"journal":{"name":"Tadabbur: Jurnal Peradaban Islam","volume":"22 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Pemenuhan Hak Istri yang Dipenjara dalam Konsepsi Hukum Islam (Studi Kasus Narapidana Hamil di Lembaga Permasyarakatan Perempuan Kelas II B Sigli)\",\"authors\":\"Cut Meuthia Sari, Jailani Jailani, Faisal Yahya\",\"doi\":\"10.22373/tadabbur.v5i2.366\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In Islam, husbands have the responsibility to fulfill the rights of their families. However, in the context of convicts, the implementation of these rights can become more complicated due to the limitations imposed by imprisonment. The objectives of this research are: first, to analyze the rights of pregnant wives who are convicted and imprisoned at the Class II B Sigli Women's Correctional Institution in Pidie Subdistrict, Pidie Regency, based on the perspective of Islamic law; and second, to analyze the fulfillment of husbands' obligations towards pregnant convicts at the Class II B Sigli Women's Correctional Institution in Pidie Subdistrict, Pidie Regency. This study adopts an empirical legal research approach (non-doctrinal research). Data were collected through in-depth interviews, observations, and document analysis. The findings of this research resulted in two main outcomes: First, the determination of the obligation to provide financial support for pregnant wives in prison is mandatory due to their pregnancy. Second, the fulfillment of the rights of imprisoned wives by their husbands, as stipulated in the conception of Islamic law, is still not fully achieved. This is due to the husbands' incarceration. Based on these findings, it is recommended to establish regulations regarding the fulfillment of the rights of imprisoned wives by convict husbands. This would involve the cooperation between correctional institutions, authorities, and religious institutions in facilitating easier and more accessible access for convict husbands to fulfill the rights of their imprisoned wives.\",\"PeriodicalId\":367521,\"journal\":{\"name\":\"Tadabbur: Jurnal Peradaban Islam\",\"volume\":\"22 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-10-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Tadabbur: Jurnal Peradaban Islam\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.22373/tadabbur.v5i2.366\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Tadabbur: Jurnal Peradaban Islam","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22373/tadabbur.v5i2.366","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
在伊斯兰教中,丈夫有责任履行其家庭的权利。然而,对于罪犯而言,由于监禁所带来的限制,这些权利的落实可能会变得更加复杂。本研究的目的是:首先,基于伊斯兰法的视角,分析被判刑并关押在皮迪县皮迪分区二级 B Sigli 女子教养院的怀孕妻子的权利;其次,分析皮迪县皮迪分区二级 B Sigli 女子教养院中丈夫对怀孕罪犯履行义务的情况。本研究采用实证法律研究方法(非教义研究)。通过深入访谈、观察和文件分析收集数据。研究结果主要有两个方面:第一,确定了因怀孕而必须对监狱中的怀孕妻子提供经济支持的义务。第二,伊斯兰法律概念中规定的丈夫对被监禁妻子权利的履行仍未完全实现。这是由于丈夫被监禁造成的。基于这些研究结果,建议制定有关罪犯丈夫履行被监禁妻子权利的规定。这将涉及到惩教机构、当局和宗教机构之间的合作,为罪犯丈夫实现被监禁妻子的权利提供更便捷的途径。
Pemenuhan Hak Istri yang Dipenjara dalam Konsepsi Hukum Islam (Studi Kasus Narapidana Hamil di Lembaga Permasyarakatan Perempuan Kelas II B Sigli)
In Islam, husbands have the responsibility to fulfill the rights of their families. However, in the context of convicts, the implementation of these rights can become more complicated due to the limitations imposed by imprisonment. The objectives of this research are: first, to analyze the rights of pregnant wives who are convicted and imprisoned at the Class II B Sigli Women's Correctional Institution in Pidie Subdistrict, Pidie Regency, based on the perspective of Islamic law; and second, to analyze the fulfillment of husbands' obligations towards pregnant convicts at the Class II B Sigli Women's Correctional Institution in Pidie Subdistrict, Pidie Regency. This study adopts an empirical legal research approach (non-doctrinal research). Data were collected through in-depth interviews, observations, and document analysis. The findings of this research resulted in two main outcomes: First, the determination of the obligation to provide financial support for pregnant wives in prison is mandatory due to their pregnancy. Second, the fulfillment of the rights of imprisoned wives by their husbands, as stipulated in the conception of Islamic law, is still not fully achieved. This is due to the husbands' incarceration. Based on these findings, it is recommended to establish regulations regarding the fulfillment of the rights of imprisoned wives by convict husbands. This would involve the cooperation between correctional institutions, authorities, and religious institutions in facilitating easier and more accessible access for convict husbands to fulfill the rights of their imprisoned wives.