scholarly journals Rereading the Concept of Nusyūz in Islamic Marriage Law with Qira'ah Mubādalah

2020 ◽  
Vol 5 (02) ◽  
pp. 139-152
Author(s):  
Khoirotin Nisa' ◽  
Muslih Muslih ◽  
Abu Hapsin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Family Relations ◽  
Literary Study ◽  
Marriage Law ◽  
Legal Research ◽  
Deductive Method ◽  
Islamic Marriage ◽  
Husband And Wife

Islam exists in order to uphold justice. Likewise with families, where there are often unfair relationships between husband and wife, there are so many obstacles which can threaten the harmony of marriage. So far the issue of nusyūz is often connected to the wife and the Compilation of Islamic Law (KHI) confirms this. How Islamic law regulates nusyūz and how the perspective of qira'ah mubādalah about this nusyūz is are the main questions of this study. This study uses normative legal research method with descriptive technique. Data collection was carried out by literary study and then they were analyzed qualitatively by the deductive method. The results of this study are as follow: Nusyūz according to Islamic law (KHI) is conceptualized as a wife's disobedience to her husband, such as reluctance to have intercourse, surly in front of her husband, leaving the house without the husband's permission and others which make the husband dislike. If nusyūz occurs then it is resolved by: giving advice, separating beds, and hitting. Mubādalah as a method of interpretation of texts which is reciprocal, in terms of family relations between husband and wife, defines nusyūz as disobedience to household commitments so it applies to husband and wife. Nusyūz settlement by beating is considered as an act of violence so it should not be done. Inviting reconciliation to return to commitment is the best way according to QS. An Nisa': 128.

scholarly journals Peralihan Harta Bersama Melalui Hibah Tanpa Izin Salah Satu Pihak Berdasarkan Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2019 ◽  
Vol 3 (1) ◽  
pp. 81-94
Author(s):  
Agustina Dewi Putri ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Action ◽  
Legal Research ◽  
Shared Property ◽  
Legal Consequences ◽  
Husband And Wife

Menurut Pasal 36 ayat (1) Undang-Undang Nomor 1 tahun 1974, mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak. Adanya ketentuan Pasal tersebut di atas, menunjukkan bahwa jika seorang suami atau isteri, bermaksud melakukan perbuatan hukum yang objeknya terkait dengan harta bersama (misalnya menjual, menghibahkan dan lain-lain), baik itu berupa barang bergerak atau barang tidak bergerak, maka perbuatan hukum tersebut harus didasarkan pada persetujuan kedua belah pihak (suami dan isteri). Untuk mengetahui dan menjelaskan akibat hukum dari peralihan harta bersama melalui hibah tanpa izin dari salah satu pihak. Metode Penelitian yang digunakan adalah penelitian hukum yuridis normatif dan Ketiadaan persetujuan baik suami atau isteri memberi akibat hukum bahwa peralihan harta bersama tersebut menjadi batal demi hukum.As for article 36 paragraph (1) mentions that anything regarded to the shared-property should be with the consent of both parties. It is in line with Article 92 about Compilation of Islamic Law which mentions that either husband or wife without any consent of the other partner is not allowed to sell or transfer the ownerships of the shared-property. Provisionsof the article indicate that if the husband or wife intends to carry out a legal act whose object is related to a common asset (for example selling, granting, etc). whether it is movable or immovable property, the legal action must be based on agreement of both parties (husband and wife). To figure out and explain the legal consequences of share assets transfer throght a grant without permission from one of the parties. Research method used in this is normative juridical legal research. To find out and explain the comparison of provisions on the transfer of property with husband and wife based on Law Number 1 Year 1974 and Compilation of Islamic Law Absence of approval from both husband and wife gives legal consequences that transfer of shared property becomes null and void by law.

scholarly journals ISBAT NIKAH AND CHILD STATUS IN PERSPECTIVE OF ISLAMIC MARRIAGE LAW (STUDY AT RELIGION COURTS IB DONGGALA)

2018 ◽  
Vol 2 (2) ◽  
pp. 43
Author(s):  
Erni Wahyuni
Keyword(s):  
Data Analysis ◽  
Qualitative Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
State Law ◽  
Marriage Law ◽  
Islamic Marriage

The research goals are to study and describe the consideration of the jugde inrelated to status of the marriage child, before isbat nikah, as well as to describe the implication to the child born before isbat nikah. The research method used is juridical normative jurisdiction, the data used are secondary data. The data analysis was done by qualitative analysis. The results of research in this thesis turned out to be, not all requests of marriage confirmation of undocumented marriages can be granted. Religious Court will grant the confirmation of marriage that qualified one of criteria in Article 7, paragraph (3) letter a to letter e Compilation of Islamic Law and the marriage proven at trialappropriate according to Islamic Law, and theres no violation ofmarriage banaccording to Islamic law and state law.

scholarly journals AKIBAT HUKUM SERTA PENYELESAIAN TERHADAP HARTA BERSAMA BERDASARKAN HUKUM PERKAWINAN

2020 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Ida Ayu Putu Kristanty Mahadewi ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Perspective ◽  
Legal Consequences

Tujuan penelitian untuk mengkaji akibat hukum serta penyelesaian terhadap harta bersama berdasarkan hukum perkawinan apabila terjadi perceraian dan pemisahan harta bersama karena suatu hal. Penelitian ini menggunakan metode penelitian hukum normative, yakni suatu penelitian yang berdasarkan pada pendekatan perundang-undangan, bahan pustaka, putusan pengadilan dan ketentuan yang sebagaimana mestinya. Serta teknik pengumpulan data dilakukan dengan studi dokumen. Hasil studi menunjukkan bahwa dengan adanya suatu perjanjian dalam perkawinan maka harta benda dan harta bersama dari kedua pihak akan memiliki kepastian hukum yang tetap jika dilihat dari perspektif hukum. Penyelesaian harta bersama biasanya dilakukan dengan cara pemisahan harta benda kedua belah pihak. Penyelesaian perkara mengenai pembagian harta bersama yang terbaik adalah dilakukan dengan cara kekeluargaan. Penyelesaian permasalahan mengenai pemisahan harta bersama melalui pengadilan, juga bisa diusulkan melalui pengajuan gugatan sendiri oleh pihak yang berperkara maupun perantara melalui pengacara hukum. Dan permohonan mengenai pemisahan harta bersama tidak bisa diajukan bersamaan dengan gugatan cerai. The purpose of this study is to examine the legal consequences and the settlement of joint assets based on marriage law if the event of divorce and separation of joint assets for some reason. This study uses a normative legal research method, which is a study based on a statutory approach, library materials, court decisions and appropriate provisions. As well as data collection techniques carried out by document study. The results of the study show that with agreement in marriage, the property and joint assets of the two parties will have permanent legal certainty from a legal perspective. Settlement of joint assets is usually carried out by familial way. The settlement of problems regarding the separation of joint assets through the court, can also be proposed through filing a lawsuit by the litigant or intermediary through a lawyer. And applications regarding the separation of joint assets cannot be filed at the same time as a divorce suit.

scholarly journals RIGHT OF MALE HEIRS TO THE ORIGINAL FAMILY RELATED TO NYEBURIN’S MARRIAGE TO LAND RIGHTS IN PERSPECTIVE BALINESE LAW OF CUSTOMS

2021 ◽  
Vol 6 (2) ◽  
pp. 78-88
Author(s):  
Anak Agung Ngurah Mukti Prabawa Redi ◽  
I Made Suwitra ◽  
Putu Ayu Sriasih Wesna
Keyword(s):  
Data Collection ◽  
Family Of Origin ◽  
Research Method ◽  
Land Rights ◽  
Legal Research ◽  
The Status ◽  
Original Family ◽  
Data Collection Technique ◽  
Husband And Wife

The marriage of nyeburin changes the position of women into purusa and men into pradana. Then in terms of inheritance, the priority in the nyeburin marriage is the woman, but the status of the man who becomes pradana is questioned when nyeburin marriage ends and the status of the man is returned to his family of origin. This study aims to analyze the inheritance rights of men who do nyeburin’s marriage on inherited land in their origin family and to analyze the implications of inheritance rights of men who do nyeburin’s marriage in right and obligations of origin family. The research method used is normative legal research. In addition, the data collection technique used is the library study technique. The results of this study revealed that (1) a man who does a nyeburin marriage will lose his right to inherit in his family of origin because of a change in his status to pradana in his wife's family. A man who does a nyeburin marriage will be considered to have left kedaton so that he has the same position as a woman who marries out. (2) Burden marriage has implications for the position of the husband so that here the husband follows the wife. The rights and obligations as husband and wife are still the same as in a normal marriage, only in a marriage where the wife's position is higher than that of the husband.  

scholarly journals Gugatan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) dalam Gugatan Cerai Gugat di Pengadilan Agama Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 305-309
Author(s):  
I Gusti Agung Ketut Bagus Wira Adi Putra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Uj
Keyword(s):  
Research Method ◽  
Marriage Law ◽  
Power Of Attorney ◽  
Legal Research ◽  
Legal Consequences ◽  
Husband And Wife

In the course of the household, there are always disputes between husband and wife that cannot be resolved and lead to divorce. This study aims to determine the legal consequences of an unacceptable lawsuit in a lawsuit divorce case in decision number 0063 / Pdt.G / 2017 / PA.Bdg and to find out that the judge's consideration in deciding a lawsuit cannot be accepted in a divorce suit in decision number 0063 / Pdt.G / 2017 / PA.Bdg. This study uses a normative legal research method with a case approach. The results of the study show that in Law Number 1 of 1974 concerning marriage in Article 39 paragraph (2) of the Marriage Law and its explanation it states that divorce can be carried out if it is in accordance with predetermined reasons. An unacceptable decision (NO) is a decision stating that a lawsuit cannot be accepted, because of formal defects. Then, the reasons that cause the lawsuit to be unacceptable due to formal defects are invalid power of attorney, lawsuit filed by parties who have no legal interest, in person error suit, lawsuit beyond competence, lawsuit against libel, premature lawsuit and lawsuit expired. Libel's lawsuit is vague or unclear and the cause of obscuur libel's lawsuit in this case is an incomplete petitum, therefore the lawsuit cannot be accepted

scholarly journals THE PROBLEM OF LIBERALIZING ISLAMIC MARRIAGE LAW IN INDONESIA : The Perspective of Science Philosophy

2020 ◽  
Vol 2 (1) ◽  
pp. 53-63
Author(s):  
Athoillah Islamy
Keyword(s):  
Qualitative Research ◽  
Paradigm Shift ◽  
Scientific Revolution ◽  
Islamic Law ◽  
Research Data ◽  
Marriage Law ◽  
Legal Research ◽  
Science Philosophy ◽  
Legal Thinking ◽  
Islamic Marriage

The phenomenon of liberalism on Islamic marriage law in Indonesia often creates social problems. Therefore, it is important to understand understanding and wise attitudes towards the phenomenon within the framework of the scientific paradigm. This research aims to understand various forms of liberalism on Islamic marriage law in Indonesia in the perspective of the philosophy of Science. This research is a qualitative research in the form of literature review. The type of legal research in this study is philosophical normative legal research. The research data used is various research on liberalism on the law of Islamic marriage in the Compilation of Islamic Law (KHI). Meanwhile, the theory used as a knife of analysis is the theory of the scientific revolution of Thomas Samuel Kuhn. This study concludes that liberalism on Islamic marriage law in Indonesia is a form of paradigm shift over the construction of legal thinking in various KHI articles that are considered to have experienced anomalies, which are not relevant to social development and do not answer the challenges of modernity, such as issues of gender equality, democracy, human rights Humans, and pluralism. Such conditions have encouraged contemporary Islamic law reviewers in Indonesia to voice a paradigm shift and even a scientific revolution by giving birth to the construction of new Islamic marriage law.

scholarly journals Kedudukan Anak dari Perkawinan Berbeda Agama menurut Hukum Perkawinan Indonesia

2018 ◽  
Vol 2 (1) ◽  
pp. 43
Author(s):  
Fitria Agustin
Keyword(s):  
Research Method ◽  
Social Reality ◽  
Marriage Law ◽  
Legal Research ◽  
Relationship Problems ◽  
The Law ◽  
Husband And Wife ◽  
Religious Differences

Article 2 paragraph  (1) of Law Number 1 Year 1974 contains provisions that marriage shall be considered valid if done according to the law of their respective religion and belief. The above provision implies no marriage outside the law of each of his or her religion and belief. Intermarriages between people of different religions will obviously cause problems as a result of the law of their marriage, most of which include the rights and duties of each husband and wife, property in marriage, as well as the position of the child in a marriage relationship. Problems will arise when the child has been born starting from the pattern of upbringing until when the child is adult and ably performs legal acts such as marriage, inheritance, and so forth. This research is intended to get answers to the problems: (1) How the position of the Child from Marriage parents of different religions? 2) How does the child's relationship with her parents' parent if the child chooses a religion differently from both parents? The invention of the answer to this question is pursued by the Empirical Normative Legal Research Method. The law acts as a Norm (Legislation), with due regard to social reality. The results of the study are: (1) The marriage of religious differences according to the Marriage Law is considered invalid as well as the child born of the Marriage. (2) A child born of a different religious marriage only has a nasab with his mother.

scholarly journals The Concept of Joint Property Ownership of Husband and Wife

2022 ◽  
Vol 4 (1) ◽  
pp. 15-19
Author(s):  
Musfira Musfira ◽  
Syahrizal Abbas ◽  
Khairani Khairani ◽  
Wahyu Khafidah
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Literature Study ◽  
Legal Research ◽  
Property Ownership ◽  
Shared Property ◽  
Joint Property ◽  
Husband And Wife ◽  
A Share

Specifically, this study is the concept of joint property ownership of husband and wife. The focus of this study is important because, in the Marriage and Islamic Law Compilations, The property obtained in marriage becomes the joint property.So that, when a divorce or death occurs, each person gets half a share, in the regulation, there is no question about who produced it. In the reality of life in society, many wives work to earn a living, so it was interesting to study the different proportions in the distribution of property, in the event of a divorce. The problem of this research was how the concept of the joint property rights of husband and wife. In answering these problems, this research was carried out using the Socio-Legal Research method, by looking at the reality on the ground, to interpret joint property in changing situations. The technique of collecting data was through literature study, while the data analysis was qualitative. The findings of the study indicated that the practice of sharing assets with judges tends to use normative construction. Each of them got half a share and this was seen as an injustice, both through regulation and reconstruction of thinking in the distribution of the shared assets. Keywords: concept, ownership, shared property, marriage, law.

scholarly journals ANALISIS PEMBAGIAN HARTA BERSAMA DALAM KONDISI MATI KALALAH (Studi Kasus Putusan Nomor 197K/AG/2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 488
Author(s):  
Tetty Hariyati ◽  
Wahyuni Retnowulandari
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Research ◽  
Domestic Life ◽  
Positive Law ◽  
Community Property ◽  
The Law ◽  
Husband And Wife

The division of community property is a very essential issue in domestic life. Regarding the positive law taking in force in Indonesia, the division of community property for Islam is regulated in the Compilation of Islamic Law (KHI) where the Compilation of Islamic Law regulates the division of community property for both widowed (widowed and not remarried) and divorced (divorced and not remarried). The widowed is regulated in article 96 of the Compilation of Islamic Law and the divorced is regulated in article 97 of the Compilation of Islamic Law. If examined from these two articles, both equally regulates  if the marriage relationship broke up, the community property is divided for husband and wife, each will get a 50:50 part. However, this is different based upon  Decision Number 197K / AG / 2015 The division is greater for the wife of 60% and 40% for husband. In this case the problem raised here is how the regulation makes an arrangement for division of community property in dead condition without father and children (mati kalalah) under the law of inheritance in Indonesia and how the judge's consideration related to the division of community property in dead condition without father and children (case study: Decision number 197K / AG / 2015)? The author here used normative legal research method that is descriptive and primary and secondary data and also supported by interviews in this study.

scholarly journals Akibat Hukum dalam Perkawinan yang Dilakukan oleh Suami Tanpa Ijin Istri Sahnya

2020 ◽  
Vol 1 (1) ◽  
pp. 60
Author(s):  
Barzah Latupono
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
State Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Religious Law ◽  
Life Phenomena ◽  
The Relationship ◽  
Research Show ◽  
Husband And Wife

Marriage is a very sacred bond. The purpose of this research is to study and analyze the existence of household life phenomena that occur misunderstandings, disputes, quarrels, which are prolonged, which trigger a break in the relationship between husband and wife, but there are also disputes in the household but do not break the relationship in the sense of divorce but the husband has an affair. The research method used in this research is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the research show that the husband performs the next marriage, it is permissible in Islamic law as long as there is honesty and permission from the first wife, but if a marriage is carried out secretly without the permission of the first wife then this marriage will bring harm to the parties and this kind of marriage will not will be recognized by religious law and State law which will result in the parties not getting recognition and protection by law because the marriage is considered invalid and can be canceled.

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