Chapter Two. The Marriage Contract

2021 ◽  
pp. 31-57
Keyword(s):  
Author(s):  
EVE KRAKOWSKI ◽  
SACHA STERN

Abstract Halper 331 is the fragment of a codex that has been styled the ‘oldest dated document of the Cairo Genizah’. It preserves the opening of a Jewish legal document dated to the year 1182 (Seleucid era), which appears to have been copied into this codex, probably as a formulary, not long after this date, in the late 9th century. In this article, the text of this fragment, in Aramaic and Hebrew, is edited, and its identification as the beginning of a marriage contract (ketubbah) is evaluated. Its Egyptian provenance is questioned, partly because the earliest evidence for the introduction of the Seleucid era by Jews in Egypt dates from the mid-10th century. The article surveys the history of Jewish dating methods in early medieval Egypt and the Near East, in an attempt to clarify this question. The specific date of the document deviates from the rabbinic calendar, but agrees with that of the contemporary Jewish Near Eastern sectarian groups of Abū ʿImrān al-Tiflīsī and Ismāʿīl al-ʿUkbarī; this document could thus uniquely attest one of these sectarian Jewish calendars.


2021 ◽  
Vol 2 (3) ◽  
pp. 83
Author(s):  
Rahmi Ramadhani ◽  
Elsy Renie

This study examines the tradition of returning multiple dowries due to cancellation of proposal from the perspective of Islamic law in Belawan II Village, Medan City. From these problems, questions arise about how the proposal process is in Belawan II Village, how is the practice of returning multiple dowries due to the cancellation of the proposal and what is the view of Islamic law on the tradition of returning multiple dowries due to the cancellation of the proposal. The type of research that the author uses is a type of field research (field research), to obtain data from the problems studied using qualitative methods. The results of the research that the authors found that the tradition of returning a double dowry due to the cancellation of the proposal in the Belawan II Village, Medan City was carried out by returning the gift at the time of the proposal, namely the gift was in the form of half of the delivery money whose purpose was to be used as a dowry at the time of the marriage contract. Half of the delivery money, which is called the dowry, is returned twice (double) by the woman to the man at the time the proposal has been made. The dowry is returned twice (double) if the cancellation of the proposal is made by the woman. Another sanction is that if the dowry is not returned double (double) at the time of the cancellation of the proposal, neither the man nor the woman may request/accept a proposal from another person, of course this is done by way of deliberation from both parties. The review of Islamic law on the tradition of returning a double dowry due to the cancellation of this proposal is included in the 'urf group.


AL-HUKAMA ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 218-242
Author(s):  
Darmawan Darmawan

This research aims to find out what are the forms of zahir (material) and inner (non-material) livelihood that a husband must give to his wife? Is the living provided by the husband because of the obedience of the wife or because of the marriage contract? By using a qualitative approach. Zahir livelihoods are related to basic daily necessities, which can be classified as الكسوة (clothing), الطعام (food) and السكن (board), household costs and maintenance, the cost of children's education. While the inner livelihood can be classified as: 1) Husband teaches the values of tauhid, morality and worship. 2) Husband treats wife well, gently. 3) Husband gives sovereignty to wife to interact with society. 4) The husband gives an explanation of what the wife is lacking. 5) Having an intimate relationship between husband and wife. Livelihood is the logical consequence of the marriage contract, both zahir and inner. Zahir is a gift from the husband that must be given to the wife when the marriage contract is completed, provided that they both exercise their rights and obligations. If a wife does not fulfill her obligations as a wife, then the husband is not obliged to provide zahir support to his wife. Meanwhile, the inner livelihood is the living that the husband must give to the wife from the completion of the marriage contract until the end of the marriage, whether the wife is obedient or not.


1998 ◽  
Vol 82 (1) ◽  
pp. 25-26 ◽  
Author(s):  
T. S. Mwamwenda ◽  
L. A. Monyooe

75 graduate students [43 women ( M age, 37.2 yr.) and 32 men ( M age, 36.5 yr.)] registered for educational psychology were administered a questionnaire in which they were asked to express their views on whether the payment of bridewealth aspect of the marriage contract implies that the wife is a husband's property. 87 and 84% of both men and women (89% of those married and 80% of those single) disagreed with the view that bridewealth signifies that the wife is a husband's property.


Author(s):  
Aulil Amri

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.


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