Exit from Discord and models of its applications in the personal: الخروج من الخلاف ونماذج من تطبيقاته في قانون الأحوال الشخصية

2021 ◽  
Vol 4 (4) ◽  
pp. 144-116
Author(s):  
Abdul-Sameeh Fawzi Abdul-Sameeh Al-Qawasmi Abdul-Sameeh Fawzi Abdul-Sameeh Al-Qawasmi
Keyword(s):  
Role Model ◽  
Building Stone ◽  
Personal Status ◽  
Marriage Contract ◽  
The Guardian

Our first scientists have been an example of a role model in removing the dispute in the issues of jurisprudence, they worked on the root of many issues came the rule "exit from the dispute is desirable" with its conditions and controls when imams were a great building stone in jurisprudence in various fields, and the main goal of this research indicate the possibility of exit from the dispute; how, sections, conditions and scope, represented by five issues In the personal status as a model to get out of the dispute, these issues are the desirability of the permission of the adult virgin parent when marrying her; and the testimony of the return in the retroactive divorce, the testimony of the marriage contract, and marriage with the intention of divorce or analysis, and the requirement of the Guardian in the marriage contract, in them, attributing the verses and Hadiths to its muzanha, the researcher has come to the conclusion that the exit of The implementation of the exit from the dispute in matters of personal status reduces the gap in the dispute, which elevates this law and relieves people, making it work in line with the current era without prejudice to the origins of the Shariah provisions.

scholarly journals Nikah dengan Dua Akad dan Dua Wali yang Berbeda Perspektif Maslahah di KUA Wonokromo Surabaya

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 399-432
Author(s):  
Hanif Nur Pradani
Keyword(s):  
Descriptive Analysis ◽  
Legal Guardian ◽  
First Marriage ◽  
Analysis Technique ◽  
Marriage Contract ◽  
The Right ◽  
The Guardian

This paper discusses the implementation of marriage with two different contracts and trustees at the Office of Religious Affairs (KUA) in Wonokromo, Surabaya. The data in this article is collected by documentation and interview with the head of KUA of Wonokromo and witnesses to marriage and analyzed using descriptive analysis technique. In the case of this marriage, the first marriage contract uses a nasab guardian because the marriage officer (penghulu) knows his nasab guardian is Muslim. Then the second contract uses the judge guardian because in the bride’s family card, the guardian is Christian. Even though it has been married by a nasab guardian, the head of KUA of Wonokromo listed in the marriage certificate is the judge guardian that the supporting documents in the marriage require the use of a judge’s guardian. This implementation is included in the maslahah mulghah because the use of the contract with the judge guardian is rejected by the proposition that he knew that the nasab guardian was Muslim. This means that if there is a legal guardian who has the right to marry, then the judge guardian does not need to be used.

scholarly journals Implementasi Pertimbangan Hakim dalam Mengabulkan Permohonan Penetapan Wali Adhal Untuk Melaksanakan Perkawinan Menurut Hukum Islam (Studi Putusan Nomor 0055/ Pdt. P/ 2019/PA.Mt)

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 245
Author(s):  
Baharudin Baharudin
Keyword(s):  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Library Research ◽  
Data Collecting ◽  
Marriage Contract ◽  
The Guardian ◽  
Legal Marriage ◽  
Research Analysis

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.

scholarly journals WALI NIKAH DALAM KITAB FATH AL-QADÎR KARYA IBNU HIMMAM (Tinjauan Deskriptif Analitis Tematis)

2018 ◽  
Vol 3 (2) ◽  
pp. 173
Author(s):  
Dwi Sagita Akbar
Keyword(s):  
Islamic Law ◽  
Arab Culture ◽  
Absolute Requirement ◽  
Marriage Contract ◽  
The Guardian

<em>Marriage has terms and harmony that have been established both in the Qur'an and in the Hadith. One of the conditions in a marriage contract is the presence of a parent (guardian) and a representative. Trusteeship, which was originally an ancient Arab culture that eventually became the Prophet's Sunnah was an absolute requirement for women to be able to do a marriage. What is meant by guardian in marriage is someone who acts on behalf of the bride in a marriage contract. Indeed there is no single verse of the Koran that clearly (explicitly) explains the existence of a guardian in a marriage contract. But there are only verses that can be understood to require the existence of a guardian as in the letter Al-Baqarah verse 221. This article briefly describes the guardian of marriage contained in the Fath Qadir Ibn Himmam. The book of Fath al-Qadir by Ibn Himmam was chosen to be the main source of study because it was one of the monumental works of all times in the field of Islamic Sciences especially for the study of Islamic law and was born from one of the famous Jurists to the present. The story of the Fath Qadir book is explained that according to Ibn Himmam guardianship in marriage is divided into two types, namely nadab / musthab and ijbar guardianship</em>

scholarly journals The Custom of Distant-Marriage: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Study ◽  
Islamic Law ◽  
Family Members ◽  
Main Subject ◽  
Marriage Contract ◽  
The Subject ◽  
The Guardian ◽  
Legal Marriage

This research presents a marriage custom called the custom of "Distant-Marriage," where the guardian is intentionally excluded during the marriage contract without any necessary reason that called for it. The researchers discuss about legal marriage and its conditions which include (according to the sound view of Muslim jurists,) the consent of the guardian. The researchers also mention the different opinions of jurists concerning this guardianship during the marriage contract, followed by the evidence of each School of Islamic Law and then state the fairest opinion on the matter. In addition, the researchers mention the pillars of marriage, its rulings, and its purposes because of which it has been legislated. All of this is mentioned as an introduction to the main subject of the research. Then the researchers move to talk about the crux of the subject which is "Distant-Marriage" with its definition, and the reasons that facilitated its spread among Muslims. The researchers then speak about the effects and damages caused by “Distant-Marriage,” including the large number of divorces, the displacement or homelessness of children and the separation between relatives and family members. Finally, the researchers talk about the position of Shafi'ī School of Law on “Distant-Marriage” indicating that this marriage is not related to this School of Law. Therefore, the researchers state that “Distant-Marriage” violates the method of Islamic legal marriage, and that Muslims must avoid it.

scholarly journals Tawkil Traditions in the Implementation of Marriage Contract in Aceh, Indonesia

2019 ◽  
Vol 2 (3) ◽  
pp. 210-218
Author(s):  
Imran Imran ◽  
Muammar Muammar ◽  
Jauharah Jauharah ◽  
T. Azwar Aziz ◽  
Darmawi Darmawi ◽  
...  
Keyword(s):  
Public Perception ◽  
Islamic Law ◽  
Human Life ◽  
The Public ◽  
Religious Law ◽  
Marriage Contract ◽  
History Of ◽  
The One ◽  
The Guardian

The existence of guardians in the implementation of marriage contract has been explained in Islamic law in a clear and detailed manner. Guardian for a woman becomes one of pillar in the implementation of the marriage contract, and has a systematic sequence that starts from the main one and moves sequentially to the one after, if the one above is considered ‘uzur. But the primacy of the existence of the guardian is not utilized maximally in the perception of the Acehnese people. So that most people tend to represent the implementation of the marriage contract to other people such as pious people or marriage registration officers. The parental guardian prefers to care for his guardian rights to others even though basically there is no obstacle that hinder him. The problem is the practice law of tawkil marriage in the tradition of Aceh people according to Islamic law review. The results of the study shows that the public perception of the implementation of wakalah (tawkil) marriage is based on an understanding about the ability to be brave in the implementation of the marriage contract. But their understanding is based on habits that occur in the traditions of society, not based on the results of scientific studies. Indeed, the practice of tawkil or wakalah marriage that occurs in Acehnese society does not conflict with religious law, but the implication is the erosion of the erosion of the existence of guardians and the parental guardian in a very memorable contract in the history of a human life.

scholarly journals The Approval of the Guardians of Children Resulted from the Marriage of Pre-marrital Pregnancy Women

2019 ◽  
Vol 1 (1) ◽  
pp. 73-88
Author(s):  
Rahli Lamatande ◽  
Saifullah Bombang ◽  
Akbar Akbar
Keyword(s):  
Pregnant Woman ◽  
Biological Father ◽  
Data Presentation ◽  
Reduction Techniques ◽  
Marriage Contract ◽  
The Law ◽  
The Guardian ◽  
Central Sulawesi ◽  
Depth Interviews

This research deals with the approval of the guardians of children resulted from the marriage of pre-married pregnant women (Case Study at the Office of Religious Affairs in Palasa District, Parigi Moutong, Central Sulawesi). This study uses qualitative research methods, through observation and in-depth interviews and document reviews. The data obtained were analyzed by data reduction techniques, data presentation, data verification, and drawing a conclusion. The results show that the procedure for implementing the guardian of a child resulted from the marriage of a pre-marital pregnant woman is carried out as a procedure for a general marriage. The first step is to register the marriage contract date within a period of 10 days, complete the requirements that have been set, namely in the form of N1. The guardian of children resulted from a pre-marital pregnant marriage can be approved if the requirements are fulfilled, the marriage principles, even though the act of adultery committed by his parents remains an act of adultery. When the requirements of the law of the state have been fulfilled, then there is no obstacle of his biological father to become the guardian of the child(daughter) resulted from pre-marital pregnant woman marriage. The legal basis for the implementation of the guardian of a child resulting from the marriage of a pre-marital pregnant woman is based on the regulations stated in the Law No. 1, 1974, (KHI) the articles 99 and 103.

scholarly journals The Transfer Process from the Nasab Guardian to the Judge Guardian in the Case of Adhal Guardian through the Decision of 1B Class Religious Court of Batusangkar

2019 ◽  
Vol 6 (3) ◽  
pp. 456
Author(s):  
Yulia Roza ◽  
Yaswirman Yaswirman ◽  
Linda Elmis
Keyword(s):  
Transfer Process ◽  
Communication Problems ◽  
Marriage Contract ◽  
The Guardian

Background related to case No. 0081/Pdt.P/2014/PA.Bsk was triggered by a problem where the assembly had tried to advise the applicant to approach and persuade the guardian of the applicant (the applicant’s father) to marry the applicant to the applicant’s future husband; however, it did not work. Meanwhile, the applicant stated that she still wanted to marry the applicant’s future husband. In addition, the assembly also advised the applicant’s father so that he would be willing to become the guardian of his daughter but the attempt was also unsuccessful. The reading of the applicant’s request stated that the applicant retained its the request contents. This study applies an empirical juridical approach which obtains data by referring to the juridical and empirical aspects as a tool. Based on the results of the study, the nasab guardian from the bride candidate did not want to marry his daughter to her future husband because of communication problems that were not built effectively. Thus, the nasab guardian assumed to refuse to marry his daughter to him because he did not participate in educating, caring for and raising this daughter. In determining the adhal guardian in case No. 0081/Pdt.P/2014/PA.Bsk, the consideration of the judge of the 1B Class Religious Court of Batusangkar was that the applicant’s guardian was present at the trial but he objected (reluctant) to become the applicant’s marriage guardian. In this case, the objection from the applicant’s guardian was groundless. Therefore, the assembly stipulated that the applicant’s guardian is adhal (reluctant). The marriage process carried out in Religious Court in the case of adhal guardian includes: 1) Delivery of files related to marriage data, 2) Marriage Registration Officer summons interested parties such as bride and groom, 3) Marriage Registration Officer records the marriage process, and 4) Implementation marriage contract.

scholarly journals Guardian For Children Out of Marriage in Marriage (Analysis of Syafi'īyyah Fiqh and Civil law)

2020 ◽  
Vol 2 (3) ◽  
pp. 782-793
Author(s):  
Faisal ◽  
Nasrullah ◽  
Muhammad Wali al-Khalizi
Keyword(s):  
Research Method ◽  
Science And Technology ◽  
Descriptive Analysis ◽  
Civil Law ◽  
Research Library ◽  
Biological Father ◽  
Normative Approach ◽  
Library Research ◽  
Marriage Contract ◽  
The Guardian

This writing aims to explain the position guardian in marriage according to Fiqh Syafi'īyyah dan Civil Law, as well asto describe guardian for children out of wedlock according to analysis Fiqh Syafi'īyyah and Civil Law.This research includes library research (Library Research). The method used is descriptive analysis research method, the approach used is a normative approach. To assist the preparation of this research the author reads books and books related to the problems to be discussed. The results showed thatposition guardian in marriage according to Fiqh Syafi'īyyah dan Civil law is very important, meaning that at the same time it has the nature of determining the validity of a marriage contract, so that if a marriage contract is carried out by a guardian or his representative, then the marriage contract will be valid, but on the contrary if the marriage contract is not carried out by the guardian or his representative, then The marriage contract is invalid and invalid. So betweenFiqh Syafi'īyyahand Civil Law has the same view regarding position guardian in marriage. The results also show that which become guardian for children out of wedlock according to Fiqh analysis Shafi'īyyah is guardian judge, in this case is the president even though she is a woman, and state officials whose powers are delegated by the president in matters of trustees such as the Minister of Religion and his lowest officials such as the KUA. Whereas according to Civil Law analysis is the biological father of the child provided there is an acknowledgment from the mother and father and is proven by an authentic deed and can be proven based on science and technology.

scholarly journals The Law Applied to "Honor Crimes" is a Disgrace to the Law

1970 ◽  
pp. 6
Author(s):  
Nabeela Saab Barakat
Keyword(s):  
Personal Status ◽  
Marriage Contract ◽  
The Law ◽  
The Right

If the right to divorce is unilateral, i.e. restricted to the husband unless the marriage contract states otherwise, the law of the personal status in Mohammedan communities compensates the wife by imposing on the husband certain duties which he must fulfill if he decides to divorce his wife: first he has to pay her the "mahr" or dowry required in the marriage contract; second, in case he has children from the divorcee, he has to provide her with the regular allowance necessary for their support.

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