scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

scholarly journals ASAS KEADILAN DAN AHLI WARIS PENGGANTI DALAM PRAKTIK KEWARISAN MASYARAKAT BERDASARKAN HUKUM ISLAM DIKECAMATAN BANTAN KABUPATEN BENGKALIS

2018 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Hasan Basri ◽  
Muhammad Azani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Legal Research ◽  
Male And Female ◽  
Positive Law ◽  
The Family ◽  
The Law ◽  
Sense Of Justice

<p><em>This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.</em></p>

scholarly journals Pola Pengasuhan Orang Tua Dan Moral Remaja Dalam Islam

2015 ◽  
Vol 1 (1) ◽  
pp. 63
Author(s):  
Miftahul Jannah
Keyword(s):  
Family Environment ◽  
School Environment ◽  
Islamic Law ◽  
Lower Socioeconomic ◽  
Metropolitan Cities ◽  
The Family ◽  
Negative Impacts ◽  
Islamic Civilization ◽  
Developed World ◽  
The Impact

Style of parenting can`t be separated by moral behavior in educating children, how to have morals in life, especially in the family environment and parents this sekolah.Dewasa many difficulties and problems in educating children, from academics, intellectuals, state officials moreover from lower socioeconomic circles who have no education and mature economies. The problem lies in the failure of parents to educate generations obedient to Allah and will understand Islamic values. Various problems occur for example brawl, free sex, lack incapacity to control children in the associate, drugs, and various other criminal. Events and these events often occur in big cities but now shifts to all levels of society, both in rural and metropolitan cities. The teenagers went along with all the negative behavior without thinking about the impact of the negative impacts that will be experienced both for himself and his parents have failed to maintain the good name of both parents in the world and in the presence of Allah, for failing to do good deeds as an eternal charity before Allah Swt. Our country is far backward from the Islamic civilization since leaving the values of Islam, the developed world have left their ignorance and are following Islamic law that is believed to be true in the welfare of the ummah. Generani Islamic Ummah and Islam must educate by parents who have the foundation of Islam in the household so that kusesesan begins within the family nucleus and then continues into the school environment and the community. Abstrak: gaya pengasuhan orang tua tidak terlepas dengan moral dalam mendidik perilaku anak, bagaimana agar memiliki moral dalam kehidupan, terutama di lingkungan keluarga dan sekolah.Dewasa ini orang tua banyak mengalami kesulitan dan permasalahan dalam mendidik anak, b aik dari kalangan akademisi, intelektual, petinggi negara apalagi dari kalangan sosial ekonomi bawah yang tidak memiliki pendidikan dan ekonomi yang matang. Permasalahan orang tua terletak pada gagalnya mendidik generasi yang taat pada Allah Swt dan paham akan nilai-nilai keislaman. Berbagai masalah terjadi misalnya tawuran, free sex, ketidak sanggupan mengontrol anak dalam bergaul, narkoba, dan berbagai macam kriminal lainnya. Kejadian dan peristiwa ini sering terjadi di kota besar namun sekarang bergeser ke semua tingkatan masyarakat baik di desa, dan kota metropolitan. Para remaja ikut - ikutan dengan segala dampak perilaku negatif tanpa memikirkan dampak negatif yang akan dialami baik untuk dirinya dan orang tuanya telah gagal menjaga nama baik orang tua baik di dunia dan di hadapan Allah Swt, karena gagal dalam beramal shalih sebagai amal yang kekal di hadapan Allah Swt. Negara kita jauh mundur ke belakang dari peradaban Islam karena meninggalkan nilai-nilai islam, dunia maju telah meninggalkan kejahilan mereka dan sedang mengikuti syariat islam yang diyakini kebenarannya dalam mensejahterakan ummat. Ummat islam dan generani Islam harus didik oleh orang tua yang memiliki landasan keislaman dalam rumah tangga sehingga kusesesan di mulai dalam keluarga inti kemudian berlanjut ke dalam lingkungan sekolah dan masyarakat Kata kunci: Pola Pengasuhan orang tua, moral dan remaja

scholarly journals The Impact of divorce on the main male character, Steve Miller, as reflected in Nicholas Sparks’s the last song

COMMICAST ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 23
Author(s):  
Nur Fitrah Kusumaningrum
Keyword(s):  
Family Conflict ◽  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
The Novel ◽  
Male Character ◽  
The Family ◽  
The Impact ◽  
The Stranger ◽  
The Relationship

The Last Song written by Nicholas Sparks is a novel that tells about family conflict that begins from the divorce between the parents and involves their children. The children must face the reality about their parents’ divorce when they are at the age of ten and seventeen. Not only for their children, but the divorce also brings an impact to the main male character, Steve Miller, in this novel. There is misunderstanding at the beginning in children’s comprehension about the causes of the divorce in their family. But after they know, especially the daughter, everything has changed between the main male character and his children. The aims of this study are to analyze the cause of the divorce and the impact of divorce on male male character, Steve Miller, as reflected in Nicholas Sparks’s The Last Song. The writer uses psychological approach to analyse the cause and the impact of the divorce on the main male character, Steve Miller, as reflected in Nicholas Sparks’s The Last Song. The writer also uses qualitative research method. The primary data are taken from the copy of novel The Last Song (2010) in the form quotation, phrase, and clauses or in the form of sentences that are related to the points discussed in this research. While, the secondary data are taken from all the analysis and criticism related to the novel. This secondary data of this research are also taken from some library documents and internet sources. The result of this study shows that the cause of the divorce in Nicholas Sparks’s The Last Song is because the male main character’s wife had affair with the stranger that he does not know before. It makes the communication with his wife is rarely done. It also involves their children and makes the relationship between father and daughter is broken. Not only to the relationship between the family members, but this divorce also give effects to the main character’s psychological and physical states. 

scholarly journals Gender in the Perspective of Islamic Shari'a and Constitution (Straightening the View of the Relationship between Women and Men)

2021 ◽  
Vol 14 (1) ◽  
pp. 35-47
Author(s):  
Muhammad Sabir ◽  
Aris Aris
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Men And Women ◽  
Religious Texts ◽  
Library Research ◽  
Ancient Times ◽  
The Law ◽  
The Relationship

In this research discuss about the relationship between men and women. In the existing reality, women are still marginalized since ancient times until now. This is due to the influence of understanding on religious texts and various other factors so that the differences in the relationship between the two can be seen in all aspects of life. The research method used is library research. In this study, it is argued that in the perspective of Islamic law, the relationship between the two is the same in terms of identity to the creator (worship of mahdah and gairu mahdah) as well as in the constitution that everyone has the same rights on politic, law, voting, and education. Everyone without exception has protection and right in the law.

scholarly journals Asas Keadilan dan Ahli Waris Pengganti dalam Praktik Kewarisan Masyarakat berdasarkan Hukum Islam di Kecamatan Bantan Kabupaten Bengkalis

2017 ◽  
pp. 1-14
Author(s):  
Hasan Basri ◽  
Muhammad Azani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Legal Research ◽  
Male And Female ◽  
Positive Law ◽  
The Family ◽  
The Law ◽  
Sense Of Justice

This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.

scholarly journals Penggunaan Kosmetik Berbahaya dalam Persfektif Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 53-64
Author(s):  
Lesnida Lesnida
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Data Sources ◽  
Qualitative Research Method ◽  
Inspection Agency ◽  
Library Research ◽  
The Law ◽  
The Impact

The rampant circulation of dangerous cosmetics is something that needs to be watched out for, because in addition to violating the law, its existence can also endanger its users. Cosmetics that basically function as self-decoration turn into self-destructors. On that basis, this study aims to analyze the law on the use of harmful cosmetics in the perspective of Islamic law. This study uses a qualitative research method based on library research. The main data sources are the Qur'an and Hadith, and the supporting data sources are the thoughts of the four imams of the schools (Hanafi, Maliki, Shafi'i, and Hambali) and fatwa the Indonesian Ulama Council. The results of the study indicate that the use of harmful cosmetics is forbidden in Islam, this is in accordance with the word of Allah in the Qur'an Surah al-Ahzab verse 33. All the Imams of the Schools state that the factors of the prohibition of cosmetics are seen from three things, namely the ingredients of manufacture, the method of making them, and the impact it has. If one of the three things is haram, then the cosmetic is not allowed to be used. In addition, in terms of use, Muslims should use cosmetics that have been registered with the Food and Drug Inspection Agency, and also have a halal label issued by the Indonesian Ulama Council.

scholarly journals Investigating Sexual Rights and Freedoms of Married Women in Terms of Jurists and Contemporary Jurists

2016 ◽  
Vol 9 (2) ◽  
pp. 82
Author(s):  
Mahmoud Haeri
Keyword(s):  
Islamic Law ◽  
Marital Relationships ◽  
Married Women ◽  
Sexual Rights ◽  
Next Generation ◽  
Emotional Needs ◽  
Safe Environment ◽  
The Family ◽  
The Right ◽  
The Relationship

<p>Family is a safe environment for relaxation of couples. In this safe environment is shaped and nurtured the next generation. Each of these two important functions of the family means satisfy spiritual and emotional needs of couples and raise human generation depends on marital relationships. Islamic law to improve the relationship, for each of the spouses is considered rights and freedoms that by complying them both sides will have the fullest satisfaction of their marriage. As mentioned, these rights are not one-sided and woman has rights in the relationships. Including the right to sleep with a spouse, the right to demand sex from couples, right of liens, and .... In this article we try to investigate some of them in the views of contemporary references.</p>

scholarly journals Poređenje pravnog položaja žena u braku i nasleđivanju u Srpskom građanskom zakoniku iz 1844. i Građanskom zakoniku Kraljevine Italije iz 1865.

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 113-140
Author(s):  
Andrej Confalonieri
Keyword(s):  
Comparative Analysis ◽  
Historical Aspect ◽  
Men And Women ◽  
Turkish Government ◽  
The Family ◽  
Legal Position ◽  
The Law ◽  
Civil Codes ◽  
The Right ◽  
The Relationship

This paper deals with a comparative analysis of the legal position of women in the Serbian (1844, hereinafter SCC) and Italian (1865, hereinafter ICC) Civil Codes, considering the norms that regulate the position of women in marriage and those regarding inheritance. Confronting these two codes is relevant for various reasons. Firstly, it has not been done before in Serbian jurisprudence. Secondly, although based on different models (the Italian on the French Code, the Serbian on the Austrian Code, hereinafter ACC), each of them differs in some aspects from their model in the law of marriage and inheritance. Thirdly, it’s important from a historical aspect, because the Italian Kingdom had just been formed and the Serbians had relieved themselves of the centuries-long Turkish government, so there’s a similarity in the process of writing the codes. Although the writing styles of the codes are unalike, there are certain similarities in the provisions on marriage, the relationship between spouses, the relationship between spouses and children, and in terms of testamentary succession. For example, both codes give more rights to the husband (being the „head of the family”), and while the wife can write a will, she is not allowed to be a legal witness to another person’s will. There are several differences between the two codes, but most of them are negligible. For instance, both codes prescribe a parent’s permission for marriage, while the marriageable age that doesn’t require consent differs (i the ICC 25 years old for men and 21 for women, whereas in Serbia it’s 18 years old for both men and women). However, a few differences are relevant. The biggest one is the way in which intestate succession is regulated: the right to inherit is recognized to legitimate children regardless of gender in the Italian code, while in the Serbian code women are excluded from inheritance, which is one of the major differences between the SCC and ACC. In fact, when writing the code, Hadžić didn’t want this provision incorporated in the law, but it was added nevertheless. The second biggest difference between the ICC and the SCC consists in the fact that adultery is considered a reason for legal separation (and not divorce, because divorce was not allowed) in the ICC only if it is committed by the wife, while in the Serbian one the sex of the adulterer is not specified and can lead to divorce even if it’s done by the husband. Finally, the Serbian legislator also regulates the position of women in the „zadruga” (a type of joint family), in which women cannot be members, nor can they inherit, while that institute is not prescribed in the Italian one.

scholarly journals Dynamics of Law Enforcement of Aceh's Islamic Jinayat in the Indonesian Democratic System

2021 ◽  
Vol 5 (1) ◽  
pp. 72
Author(s):  
Rabiatul Adawiah ◽  
Ihsan Kamaludin
Keyword(s):  
Islamic Law ◽  
Criminal Code ◽  
Differences Of Opinion ◽  
Democratic System ◽  
The Law ◽  
Special Rules ◽  
The Government ◽  
The Right ◽  
The Impact

<p>In the Pancasila democratic system run by the Indonesian state, the government guarantees the right of every citizen and belief group to manifest their teachings, but there are some areas that have the authority to enforce special policies such as Aceh which has ratified regional regulations based on Islamic law and the State supports the application of the rules. the. This study focuses on analyzing the dynamics of the application of the Criminal Code <em>(Qanun Jinayat)</em> in the Aceh region. The study aim is to find out in-depth of the implementation of <em>Qanun Jinayat</em> method and the impact of a social system in there. The method used in this study is descriptive qualitative research expected to be able to reveal qualitative information with description-analysis using the strategy used in this research is a case study. This research indicates that the implementation of <em>Qanun Jinayat </em>carried out in Aceh often results in differences of opinion because some parties consider that the application of the law overlaps with human rights which is usually implemented in democratic countries such as Indonesia, moreover the law also applies to non-Muslim residents. who live in Aceh. However, there are also several parties who continue to support the implementation of the Qanun Jinayat to continue to be enforced because they have followed special rules ratified by the Government of Indonesia.</p>

scholarly journals Does Aging Identity Moderate the Impact of Experiences with Familial Ageism on Well-Being?

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 871-871
Author(s):  
Emily Kinkade
Keyword(s):  
Older Adults ◽  
Well Being ◽  
Self Esteem ◽  
Family Context ◽  
Ego Strength ◽  
Age Identity ◽  
The Family ◽  
Negative Impacts ◽  
The Impact ◽  
The Relationship

Abstract This study begins to investigate the effects of ageism in the family context. The current literature has documented the negative impacts that negative stereotypes and negative perceptions of aging have on older adults’ health, mortality, and well-being (Levy, 1996; Levy, 2003). However, the majority of extant research on ageism focuses on age discrimination in the workplace and in healthcare despite the majority of peoples’ time being spent in the family context. Therefore examining experiences of ageism sourced from family members merits study. Walker, Bisconti and Kinkade (in preparation) found evidence that the experience of ageism within the family context varies from the workplace context. Past research has demonstrated that older adults who identify as being older and adapt to the changes that arise with aging are associated with higher levels of self-esteem (Whitbourne, Sneed, & Skultety, 2002; Weinberger & Whitbourne, 2010). It is hypothesized that age identification will serve as a moderator for the relationship between familial ageism and well-being. Participants completed a set of questionnaires measuring experiences with familial ageism, depression, self-esteem, and ego strength. Experiences of familial ageism correlated with the well-being outcome variables in the predicted direction. Age identity moderated the relationship between familial ageism and depression and ego strength, such that participants who identified as being younger or identified as their age reported lower depression scores and higher ego strength scores. These findings suggest that age identity may serve as a buffer against the negative impacts that experiences of familial ageism has on well-being.

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