Marriage, Divorce, and Inheritance

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Code ◽  
Mixed Marriage ◽  
Comprehensive Overview ◽  
Divorce Law ◽  
Law System ◽  
The Status ◽  
Marital Property

Indonesia has a highly complex family law system, with different rules for Muslims and non-Muslims. This chapter offers a comprehensive overview of the rules governing marriage for both groups, including registration requirements, the status of unregistered marriages, foreign marriage, mixed marriage, underage marriage, and polygamy. It also explains divorce law (including the grounds for ‘talak’ divorces, custody and maintenance rules, and rujuk or reconciliation), and the different forms of property dealt with when a marriage ends: harta bersama (joint matrimonial property) and harta bawaan (pre-marital property). The last part of the chapter deals with inheritance. It describes the detailed rules that apply to Muslims under the Kompilasi Hukum Islam (Compilation of Islamic Law) and to non-Muslims under the Civil Code, and how courts have interpreted them to allow more equitable divisions of deceased estates between genders.

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Court System ◽  
Islamic History ◽  
Law System ◽  
Muslim Countries ◽  
Changing Times ◽  
The Impact ◽  
Civil Law System ◽  
Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

scholarly journals Analisis Yuridis Perilaku Lesbian dari Seorang Isteri sebagai Alasan Perceraian

2019 ◽  
Vol 2 (2) ◽  
pp. 382-398
Author(s):  
Lita Mardani Siregar
Keyword(s):  
Child Custody ◽  
Government Regulation ◽  
Islamic Law ◽  
Customary Law ◽  
Sexual Disorders ◽  
Human Actions ◽  
Divorce Law ◽  
Legal Effect ◽  
Marital Property ◽  
Joint Property

One of the principles in national marriage law that is in line with religious teachings is to make divorce difficult (divorce), because divorce means the failure of the purpose of marriage to form a happy and eternal family due to human actions. The problem in this reshearch is how is the regulation of the implementation of divorce in the Religious Court, what is the effect of the divorce law on the grounds of lesbian behavior of a wife, how is the consideration of the judge in the Ambon Religious Court decisionNumber 110 / Pdt.G / 2016 / PA Ab. As a result of divorce law on the grounds that the lesbian behavior of a wife is related to child custody. The legal effect on marital property is that joint property is divided according to the provisions of the respective laws, laws, religion and customary law, while the inheritance remains controlled by each of the wives and divorced husbands. With regard to debt due to termination of marriage due to divorce borne by both parties with conditions that must be met where the rights and obligations of husband and wife are balanced in their authority to carry out legal actions. Judge's consideration in the decision of the Ambon Religious Court Number 110 / Pdt.G / 2016 / PA Ab in the case of sexual disorders (lesbians) immediately considers that this is in accordance with the provisions in Article 39 paragraph 2 of Law Number 1 of 1974 along with the explanation in letter e and letter f juncto Article 19 letter f Government Regulation Number 9 of 1975, Article 116 letter e and letter f Inpres No. 1 of 1991 concerning the Compilation of Islamic Law (KHI).

PUBLIC POLICY AND ISLAMIC LAW: THE MODERN DHIMMĪ IN CONTEMPORARY EGYPTIAN FAMILY LAW

2001 ◽  
Vol 8 (1) ◽  
pp. 88-136 ◽  
Author(s):  
Maurits Berger
Keyword(s):  
Public Policy ◽  
Twentieth Century ◽  
Islamic Law ◽  
Family Law ◽  
Case Law ◽  
Legal Order ◽  
Jewish Communities ◽  
Legal Literature ◽  
The Status ◽  
Muslim Communities

AbstractEgyptian law has maintained the Islamic system of interreligious law in which the Muslim, Christian and Jewish communities are governed by their own courts and their own laws. In the course of the twentieth century, however, these separate courts were abolished and the application of non-Muslim laws was restricted to matters of marriage and divorce, and then only if the non-Muslim spouses share the rite and sect of the same religion. In all other cases Islamic law applies. In addition, non-Muslim laws may not be applied if they violate Egyptian "public policy", a European concept which refers to the fundamentals of a national legal order. Egyptian public policy can be defined as those principles which are essential in Islamic law. In this article I analyse the status of the non-Muslim Egyptian in contemporary personal status law, based on Egyptian case law and legal literature. The concept of public policy plays a key role in understanding the mechanics of interreligious law in Egypt. I will argue that public policy serves as a legal barometer of the coexistence between Muslim and non-Muslim communities in Egypt.

scholarly journals Jointly acquired property of a working wife: A legal analysis from 'Urf perspective

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Masyitah Mohd Zainon ◽  
Marina Abu Bakar ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Nur Sarah Tajul Urus ◽  
Mus’ab Mohd Yusoff ◽  
...  
Keyword(s):  
Content Analysis ◽  
Data Analysis ◽  
Qualitative Study ◽  
Private Property ◽  
Islamic Law ◽  
Family Law ◽  
Legal Analysis ◽  
The Status ◽  
Descriptive Approach

In Malaysia, jointly acquired property has been recognized due to divorce, polygamy, or death. Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides the jurisdiction of Court in division of jointly acquired property. Disputes arose between Muslim’s scholars on the status of property of a working wife whether it can be regarded as a private property or jointly acquired property.  Nowadays, it seems that the domestic contributions for a living are attributed to the property of the working wife. These contributions include the purchase of house, car, and expenses in upbringing the children. Therefore, the objective of this study is to identify the classification of property of the working wives and the condition of jointly acquired property that can be claimed by the husband from Islamic perspective and subsequently analyse the custom recognition on it. This study is a qualitative study in which data is collected from Islamic law books and legal sources. Data analysis completed by applying content analysis methods through a descriptive approach. The findings indicated that the custom (‘urf) recognized the classification of property of a wife to be accepted as jointly acquired property.

scholarly journals SISTEM PEMELIHARAAN BARANG TEMUAN

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Mahfudhan
Keyword(s):  
Islamic Law ◽  
Legal Protection ◽  
Civil Code ◽  
Property Theory ◽  
Legal Recognition ◽  
The Status ◽  
Research Findings ◽  
Standard Rule ◽  
The Right

Abstract: The regulations of found property were not clearly described in the Indonesian constitution. As the legal protection in this country, it has not contributed to set the legislation in Indonesia. This research aimed to investigate the fundamental problems, the output of the found property theory and the importance of the standard rule of found property in the Indonesian constitution. The research findings indicated that the civil code assessed that the rights and obligations concerning the found property are obtained by controlling the status of objects. However, in Islamic law, the purpose of the controlling and belonging rights of found property was to protect someone’s right. It indicated that Islam does not differentiate the wealth identity (its advantage, size, value).  It also concerns with the status of people who find and own, and the right to control or obtain legal recognition of the property status. Abstrak: Peraturan tentang barang temuan masih sangat kabur dalam undang-undang Indonesia sebagai payung hukum di Negara Republik ini,  sampai saat ini belum memberi konstribusi dalam penetapan perundang-undangan di Indonesia. Penelitian pemeliharaan barang temuan ini bertujuan mencari jawaban dari permasalahan dasar, dan output dari teori barang temuan, serta dimana letak dasar penting adanya aturan yang baku terhadap barang temuan, khususnya dalam perundang-undangan di Indonesia. Berdasarkan penelitian yang dilakukan, KUH Perdata menilai hak dan kewajiban menyangkut barang temuan diperoleh dengan cara menguasai tingkat status benda. Sementara dalam hukum Islam, tujuan utama yang diperhatikan mengenai hak menguasai dan hak memiliki atas barang temuan, pada dasarnya adalah untuk melindungi hak seseorang. Indikasi ini terlihat bahwa Islam tidak membedakan identitas harta (manfaat atau tidak, besar atau kecil, bernilai atau tidak), juga memperhatikan status orang yang menemukan dan yang memiliki; sekaligus hak menguasai atau mendapat pengakuan secara sah atas status barang yang dimaksud. KATA KUNCI: Sistem, Barang Temuan

scholarly journals ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE

Hukum Islam ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 89
Author(s):  
HARI SUTRA DISEMADI
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Civil Code ◽  
Cost Of Living ◽  
Biological Father ◽  
Marital Relations ◽  
Illegitimate Child ◽  
The Status ◽  
The Cost

Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.

scholarly journals Reformulation of the Status and Legal Position of Wives in the Concept of Joint Marital Property in the Islamic Inheritance System

2019 ◽  
Vol 8 (4) ◽  
pp. 8637-8638
Keyword(s):  
Common Property ◽  
Research Study ◽  
Islamic Law ◽  
Inheritance System ◽  
The Status ◽  
Marital Property ◽  
Legal Position ◽  
The Law ◽  
Sense Of Justice ◽  
Husband And Wife

The focus of this research study is Reformulation of the Position of the Treasure of Wife Search. The focus of this study is important because, in national regulations included in the compilation of Islamic law the assets obtained in marriage become common property, so that whenever there is divorce or death each gets a half share. In Law No. 1 of 1974, concerning Marriage, specifically concerning people who are Muslim, it is regulated in the Compilation of Islamic Law (KHI), looking at shared assets as assets produced in marriage. Here it is not questioned whoever looks for it. Marriage is seen as the composition of the Rights and Obligations of husband and wife who each have different duties from each other. In principle, the husband is obliged to seek and provide a living for his family, and the wife is obliged as a housewife, caring for children and so on. On the basis of this composition, the assets acquired in marriage become joint assets. Ironically, in the reality of life in society, many wives work for a living, so it is interesting to study different proportions in the distribution of property, for example divorce. While the law is rigid, each gets half the portion. This composition is the basis of a sense of justice, so the need for reformulation leads to a balance shifting to the wife, that is, the wife has more rights than the assets.

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