scholarly journals PENALARAN ISTISLAHI TERHADAP PENCATATAN PERKAWINAN

2021 ◽  
Vol 7 (1) ◽  
pp. 15
Author(s):  
Ahlun Nazi Siregar ◽  
Abbas Arfan ◽  
Noer Yasin
Keyword(s):  
Legal Protection ◽  
Point Of View ◽  
Research Approach ◽  
Marriage Law ◽  
Human Survival ◽  
Social Law ◽  
Husband And Wife

Abstract: Marriage is a sacred worship (holy) which is very influential on human survival. Therefore, authentic evidence is needed, namely a marriage certificate issued by a special authority, the Office of Religious Affairs (KUA). The aim is as a form of legal protection for married husband and wife. Thus, security, justice, and welfare can be realized in the household. In fact, marriage registration is not one of the pillars and conditions of marriage in Islam, so it is considered not important for brides who want to get married. When viewed from an Islamic point of view, marriage is a form of worship that is considered to bring great mashlahah to every ummah. The purpose of this study was to determine the urgency of marriage registration based on istislahi reasoning. The method used in this research is normative juridical and with a social law research approach. In istislahi reasoning, marriage registration is considered to bring benefits to husbands, wives, and children. Therefore, marriage registration is mandatory for every bride and groom who wants to get married.Keywords: Marriage Registration; Marriage Law; Mashlahah.Abstrak: Perkawinan merupakan ibadah sakral (suci) yang sangat berdampak pada keberlangsungan kehidupan manusia. Oleh sebab itu, perlu adanya bukti yang autentik telah terjadinya suatu perkawinan yaitu akta nikah (marriage book) yang diberikan oleh lembaga khusus yang berwenang, Kantor Urusan Agama (KUA). Adapun tujuannya adalah untuk memberikan perlindungan hukum terhadap pasangan suami isteri yang telah menikah. Sehingga dapat terealisasinya keamanan, keadilan serta kesejahteraan di dalam rumah tangga. Akan tetapi pencatatan perkawinan bukanlah termasuk salah satu rukun dan syarat suatu terjadinya perkawinan dalam Islam, sehingga hal ini menjadi salah satu peluang bagi calon pengantin yang akan menikah lalu menghiraukan pencatatan perkawinan tersebut. Jika dilihat dari sudut pandang Islam, perkawinan merupakan salah satu ibadah yang dianggap dapat mendatangkan mashlahah yang besar bagi semua pihak. Adapun tujuan penelitian adalah untuk mengetahui urgensi dari pencatatan perkawinan berdasarkan penalaran istislahi. Metode penelitian adalah yuridis normative dengan pendekatan social legal reseach. Dalam penalaran istislahi bahwa pencatatan perkawinan akan mendatangkan kemaslahtan bagi suami dan isteri beserta anak-anaknya. Oleh sebab itu, pencatatan suatu perkawinan menjadi sesuatu yang wajib untuk dilaksanakan bagi setiap calon pasangan yang akan melangsungkan pernikahan.Kata Kunci: Pencatatan Perkawinan; Undang-Undang Perkawinan; Mashlahah.

scholarly journals POLITIK HUKUM PERUNDANG-UNDANGAN TERHADAP ANAK LUAR NIKAH

2021 ◽  
Vol 1 (2) ◽  
pp. 114-126
Author(s):  
Muammar Rachman
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Legal Protection ◽  
Research Problem ◽  
Research Approach ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Marriage Law ◽  
The Public ◽  
The Status

The formation of the 1974 Marriage Law is based on Islamic Law, which became a problem when the Constitutional Court gave a decision on the judicial review of the Marriage Law with a decision that was considered by the public that the decision was against Islamic law. The research problem in this article is, How is the Politics of Law in the Reform of Legislation in the Post-Constitutional Court Ruling on Marriage related to the status of children outside of marriage? Does the Constitutional Court Decision No 46 / PUU-VII / 2010 contradict Islamic law?The research approach used in this research is normative juridical. The results of the study indicate that children who are born must receive legal protection. If this is not the case, then the children who are born outside of marriage will suffer losses. The relationship between the child and the father does not only occur because of a legal marriage, but can also be based on evidence of a blood relationship between the child and the boy as the father. This is because birth is a legal result of a legal relationship in which there are reciprocal rights and obligations between the child, mother and father. This decision refers, because there is a relationship that is carried out without any legal conditions for marriage, both religiously and in a state, so that it does not cause harm which implies a child who has not done anything wrong. In conclusion, the Constitutional Court granted the renewal of the norm in article 43 of the Marriage Law No. 1 of 1974, which is to provide constitutional rights for children born out of wedlock whether born from a legally valid marriage or not. The decision of the Constitutional Court related to the addition of article 43 paragraph (1) of this marriage law is still in the spirit of Islam as the struggle of Muslims to be able to apply their religious values in this law is not only legally religiously or nationally. Abstrak Pembentukan Undang-Undang (UU) Perkawinan Tahun 1974 berdasarkan Hukum Islam, menjadi permasalahan saat Mahkamah Konstitusi (MK) memutuskan judicial review atas UU perkawinan, bagi masyarakat bertentangan dengan hukum Islam. Permasalahan penelitian ini,  Bagaimana Politik Hukum dalam Pembaharuan Peraturan Perundang-Undangan dalam UU Perkawinan Pasca Putusan MK terkait dengan status anak diluar nikah? Apakah Putusan MK No 46/PUU-VII/2010 bertentangan dengan hukum Islam? Pendekatan penelitian ini yuridis normatif. Hasil penelitian menguraikan, anak yang lahir harus mendapat perlindungan hukum. Jika tidak, yang dirugikan adalah anak yang dilahirkan diluar perkawinan. hubungan anak dengan bapak tidak semata-mata terjadi karena adanya sebuah perkawinan yang sah, tapi berdasar pembuktian adanya hubungan darah antara anak dan laki-laki sebagai bapak. Hal ini karena kelahiran adalah akibat hukum dari hubungan hukum yang terdapat hak dan kewajiban secara timbal balik. Putusan ini mengacu, sebab adanya hubungan yang dilakukan tanpa adanya syarat pernikahan yang sah, baik secara agamadan negara, sehingga tidak menimbulkan kerugian yang berimplikasi pada anak yang tidak melakukan kesalahan. Pembaharuan norma dalam pasal 43 UU  Perkawinan No. 1 Tahun 1974, memberikan hak konstitusional  anak yang dilahirkan di luar nikah baik yang lahir dari pernikahan yang sah secara agama atau tidak. Putusan MK terkait penambahan pasal 43 ayat (1) UU perkawinan masih bernafaskan Islam sesuai perjuangan ummat Islam untuk dapat menjalankan nilai-nilai agamanya dalam UU ini hannya tidak sah secara agama  dan Negara.

scholarly journals Hukum Islam Nusantara

2020 ◽  
Vol 38 (02) ◽  
Author(s):  
Hasan Basori
Keyword(s):  
Islamic Law ◽  
17Th Century ◽  
Point Of View ◽  
Political Ethics ◽  
Marriage Law ◽  
Historical Approach ◽  
Social Law ◽  
Economic Law ◽  
Islamic Politics ◽  
Laws And Regulations

Abstrak Tulisan ini membahas tentang diaspora Undang-Undang Malaka di Kesultanan Aceh abad ke-17 sebagai salah satu landasan berpikir hukum Islam Nusantara. Islam Nusantara yang sejak kelahirannya mengundang kontroversi, terutama dalam pola istinbath al-hukmi yang mengedapankan al-masha>lih sebagai basis kerangka pikirnya, akan didalami jejak historisnya dari abad ke-17, di mana hukum Islam selalu akomodatif terhadap hukum adat dan hukum sosial yang telah berlaku pada suatu masyarakat. Penelitian ini menggunakan pendekatan historis dengan menjadikan Undang-Undang Malaka abad ke-17 sebagai objek utamanya. Studi ini menemukan historitas hukum Islam yang datang ke Nusantara, dan menyisipkan dirinya dalam beberapa aspek hukum dan Undang-Undang setempat, dapat dipandang sebagai satu keberhasilan diaspora hukum Islam itu sendiri. Beberapa indikator keberhasilan diaspora hukum Islam dalam masyarakat Aceh abad ke-17 terletak pada hukum dagang dan ekonomi secara umum, dalam hukum pernikahan dan etika politik yang bernuansa islami. Treatment politik Islam, geliat ekonomi Islam, bahkan pola tata nilai yang dibawa Islam ke daerah Aceh pada masanya menjadi salah satu penyokong keberhasilan diaspora hukum Islam itu sendiri.   Abstract This paper discusses the Malacca diasporic law in the 17th century of the Aceh Sultanate as one of the foundations for thinking about Islamic law in the archipelago. Nusantara Islam, which since its birth has invited some controversies, especially in the pattern of istinbath al-hukmi which puts al-mashalih as the basis of its framework, needs to be explored about its historical traces from the 17th century where Islamic law has always accomodative to customary and social law prevailed in the society. This research will employ a historical approach by making the 17th century Malacca Law as its main object. This paper found a historicity of Islamic law that came to the archipelago, and inserts itself in several lines of local laws and regulations, therefore it can be seen as a success of the Islamic legal diaspora itself. Some indicators of the success of the Islamic law diaspora in 17th century Acehnese society lie in commercial and economic law in general, in marriage law and political ethics that have Islamic nuances. This research views that the treatment of Islamic politics, the stretching of the Islamic economy, and even the pattern of values ​​that Islam brought to the Aceh region during its time became one of the supporters of the success of the Islamic Law diaspora itself. From that point of view, this study aims to find a structured formula for how Islamic law was able to influence the Aceh sultanate at that time. The formulations of the model and strategy of the Islamic law diaspora in the Aceh Sultanate at that time are the main findings to be achieved in this study.

MOTIF DAN DAMPAK PERNIKAHAN DINI DI INDARUNG NGALAU BATU GADANG

2018 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Murisal Murisal
Keyword(s):  
Young Men ◽  
Early Marriage ◽  
Marriage Law ◽  
Men And Women ◽  
Home Life ◽  
Family Household ◽  
Set Up ◽  
The Impact ◽  
Husband And Wife

Motif and Impact of Early Marriage in Indarung Ngalau Batu Gadang.Penelitian is motivated by teenagers who married early on. Today, young men and women have a tendency to be less prepared to enter the home life, they are only ready to marry (ready here can be interpreted, maturity in terms of financial, understand what the meaning of marriage according to marriage law) is the bond of inner birth between a man and a woman as husband and wife for the purpose of forming a happy and eternal family (household) based on the Supreme Godhead while they are not ready to set up a home, whereas to build a household requires preparation both physically and spiritually . The purpose of this study to determine the motives underlying adolescents to make early marriage and the impact caused in the household as a result of the marriage.

scholarly journals Inclusionary Housing: An Evaluation of a New Public Rental Housing Governance Instrument in China

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 305
Author(s):  
Juan Yan ◽  
Marietta Haffner ◽  
Marja Elsinga
Keyword(s):  
Housing Market ◽  
Affordable Housing ◽  
Local Governments ◽  
Rental Housing ◽  
Analytical Framework ◽  
Point Of View ◽  
Policy Implications ◽  
Research Approach ◽  
Inclusionary Housing ◽  
The Cost

Inclusionary housing (IH) is a regulatory instrument adopted by local governments in many countries to produce affordable housing by capturing resources created through the marketplace. In order to assess whether it is efficient, scholarly attention has been widely focused on its evaluation. However, there is a lack of studies evaluating IH from a governance perspective. Since IH is about involving private actors in affordable housing production, the governance point of view of cooperating governmental and non-governmental actors governing society to achieve societal goals is highly relevant. The two most important elements of governance—actors and interrelationships among these actors—are taken to build an analytical framework to explore and evaluate the governance of IH. Based on a research approach that combines a literature review and a case study of China, this paper concludes that the ineffective governance of Chinese IH is based on three challenges: (1) The distribution of costs and benefits across actors is unequal since private developers bear the cost, but do not enjoy the increments of land value; (2) there is no sufficient compensation for developers to offset the cost; and (3) there is no room for negotiations for flexibility in a declining market. Given that IH is favored in many Chinese cities, this paper offers the policy implications: local governments should bear more costs of IH, rethink their relations with developers, provide flexible compliance options for developers, and perform differently in a flourishing housing market and a declining housing market.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

Corruption and control from the perspective of Islam

2020 ◽  
Vol 27 (2) ◽  
pp. 355-368
Author(s):  
Waled Younes E. Alazzabi ◽  
Hasri Mustafa ◽  
Ahmed Razman Abdul Latiff
Keyword(s):  
Primary Source ◽  
Point Of View ◽  
Self Control ◽  
Business Community ◽  
Influential Factor ◽  
Situational Factor ◽  
Secondary Source ◽  
Research Approach ◽  
Content Type ◽  
And Control

Purpose The purpose of this paper is to explore and provide insights into corruption and the control procedures from an Islamic perspective. Design/methodology/approach This paper adopts qualitative research approach using the holy Quran as a primary source and hadith of the Prophet Mohammed supported by the anecdotes of his companions as a secondary source and prior literature. Findings This paper offers an Islamic taxonomy of corruption that contains economic, managerial, financial, political, environmental, social and ethical corruption which is explicitly prohibited because of their consequence on societies. Islam establishes proactive, preventive, detecting and reactive procedures to control corruption and prescribes how to avoid its harmful consequences. The paper also reveals significant concepts in relation to individuals’ qualities that if taken care of, better chances to reduce corruption and better living conditions can be accomplished. Research limitations/implications The paper recommends means to the business community through providing managerial and practical procedures which can be used for limiting corruption effectively. However, this piece of work provides further explanations on corruption to improve our understanding on such a phenomenon and contributes to the literature from the perspective of Islam point of view. Originality/value The paper contributes to the debate on corruption, human, religion and control from an Islamic point of view, which is lacking. This paper finds evidence that loss of belief is a situational factor that leads to corrupt acts. Also, moral teaching in early ages is necessary for inner and self-control. Moral renovation is an influential factor that keeps individuals motivated and refrain from indulging into corrupt acts.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

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.

scholarly journals Business ideas in start-ups

2020 ◽  
Vol 83 ◽  
pp. 01063
Author(s):  
Štefan Slávik
Keyword(s):  
Information And Communication Technologies ◽  
New Technologies ◽  
Legal Protection ◽  
Communication Technologies ◽  
Point Of View ◽  
The Internet ◽  
Development Cycle ◽  
Start Up ◽  
Information And Communication ◽  
Start Ups

Start-up is a modern entrepreneurship form designed to realize original business ideas, mostly based on new technologies and the Internet. It evolves in the development cycle, which is determined by the business idea development cycle and the financing cycle. The purpose of the paper is to describe and analyse the business idea. The business idea is characterized by its content, circumstances of its origin, degree of originality and evidence of this originality. Start-ups are dominated by business ideas based on the application of information and communication technologies, the business idea is most often created by combining professional and business experience, but its originality is from the international point of view only average and the level of legal protection is quite rare.

scholarly journals The prospects of introducing the mechanisms of legislative regulation of mobbing in Ukraine

2019 ◽  
Vol 7 (9-10) ◽  
pp. 19-31
Author(s):  
Н. П. Костюк ◽  
Д. О. Скубченко
Keyword(s):  
Legal Protection ◽  
Point Of View ◽  
Constitutional Rights ◽  
Psychological Violence ◽  
Operation Performance ◽  
Social Challenges ◽  
Legislative Regulation ◽  
Psychological Pressure ◽  
Labour Legislation ◽  
Effective Use

The authors of the article have considered the notion of «mobbing» being a destructive element of a work collective performance, its causes and effects both for the employees and for the entire organization. It has been ascertained that this phenomenon is widespread in many countries of the world in particular in the developed ones that study this problem not only from the point of view of personnel management and psychology but take into account the legal estimation concerning the amount of responsibility of mobbers and bringing them to court for unlawful treatment of a particular person. It has been emphasized that the system of the legislative mechanisms of preventing mobbing and providing legal protection of employees and workers from this phenomenon in Ukraine in the conditions of the market relations development that requires the most effective use of the labour resources for enhancing the efficiency of an organization operation performance is to be improved. The experience of the developed European countries in the sphere of the legislative regulation of the psychological pressure in the workplace has been studied in comparison with the current Ukrainian labour legislation in question. It has been urged that the European experience in addressing mobbing in the workplace is to be adopted in the Ukrainian Euro integration processes. The most important factors of the psychological terror of employees and workers have been determined and the individuals who most often suffer from the psychological pressure have been characterized on the basis of statistical data.The judicial practice of settling the cases of mobbing in the workplace in Ukrainian courts have been analyzed. The ineffectiveness of the system of the legal protection of employees and workers as well as the need to improve it have been stressed. The authors have suggested the optimal ways of adapting Ukrainian labour legislation to such modern social challenges as the need to eliminate mobbing in the workplace and its effects which is the main direction in safeguarding the constitutional rights of employees and workers to a safe and healthy workplace environment stipulated by the Ukrainian legislation in force. The prospects of developing legislative regulation of the psychological violence have been paid attention to.

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