scholarly journals REKONSTRUKSI HUKUM PERKAWINAN DIBAWAH TANGAN DALAM PERSPEKTIF FIQH BERDASARKAN NILAI KEMASLAHATAN

2016 ◽  
Vol 2 (1) ◽  
pp. 57
Author(s):  
Munasir Munasir
Keyword(s):  
Legal Status ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Husband And Wife ◽  
Marital Law

Marriage is a physically and mentally bond between a man and a woman as husband and wife with the intention of forming a family or household happy and everlasting based on God. The dualism of the legal status of Islam in Indonesian society marriage is a problem that must be solved with emphasis on the value of the benefit. Methods used normative juridical method, this study sought to find out whether the law to be applied in order to solve a particular problem, in other words, normative juridical approach is the approach that examines the law asthe norm. The results obtained are 1. that the marriage Construction under the hand according to Islamic jurisprudence Islamic marriage between husband and wife with Moslem or nonMoslem with a harmonious marriage include the willingness and consent qobul. Marriage is said to be valid if carried out in accordance with Islamic fiqh with the five pillars of marriage,namely a) Approval of the bride and groom, b) Mayor of marriage, c) Two witnesses, d) Ijab qobul and d) Mahar. And reconstruction of marital law under the hand in the perspective ofIslamic jurisprudence by requiring that the benefit of legal marriage should Replaces, ie the agreement of both bride and groom, guardian of marriage, two witnesses, the dowry, consentqobul and please register at KUA / civil records.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals Problematika Nafkah Mantan Isteri Pasca Perceraian

2018 ◽  
Vol 4 (2) ◽  
pp. 171-184
Author(s):  
Musa Aripin
Keyword(s):  
Legal Status ◽  
Time Limit ◽  
The Difference ◽  
Legal Marriage ◽  
Husband And Wife

Marriage is a sacred thing, that is not just getting legal status, but also various consequences as a result of the engagement ('aqad) to be woven. In a legal marriage, it is mandatory for the husband to provide a living for his wife and submit accordingly. But the reality that occurs in the community, not infrequently husband and wife relations lead to divorce, which then raises new problems, namely the granting of rights in the form of livelihood. The provision of this income is related to the time limit for living, the deadline is the difference between Asghar Ali Engineer and the opinion of the majority of scholars

scholarly journals TINJAUAN YURIDIS PEMBAGIAN HARTA WARISAN PASANGAN SUAMI ISTRI YANG BEDA AGAMA (PERSPEKTIF HUKUM ISLAM DAN KUHPerdata)

2017 ◽  
Vol 4 (1) ◽  
pp. 54
Author(s):  
Istiqamah Istiqamah
Keyword(s):  
Married Couple ◽  
Marriage Law ◽  
The Law ◽  
The Republic ◽  
Legal Marriage ◽  
Husband And Wife

According to the Law of the Republic of Indonesia no. 1 of 1974 concerning marriage under Article 2 Paragraph (1) that legal marriage is a marriage which is done according to the law of each religion and belief. Therefore, the marriage law ceded the validity of a marriage from a religious standpoint. Due to husband and wife related in inheritance that is no right of inheritance from person of different religion so that married couple of marriage of different religion can only get inheritance through will, obligation and reward. Keywords: Inheritance, Husband and Wife Different ReligionMenurut Undang-Undang Republik Indonesia No. 1 Tahun 1974 tentang perkawinan berdasarkan Pasal 2 ayat (1) bahwa perkawinan yang sah adalah perkawinan yang dilakukan menurut hukum masing-masing agama dan kepercayaan. Oleh karena itu, undang-undang perkawinan menyerahkan sahnya suatu perkawinan dari sudut agama. Akibat terhadap suami istri yang terkait dalam kewarisan yaitu tidak ada hak kewarisan dari orang yang beda agama sehingga pasangan suami istri dari perkawinan beda agama hanya bisa mendapatkan warisan melalui wasiat, wajibah dan hadiah.Kata Kunci : Harta Warisan, Suami-Istri Beda Agama

Introduction

2017 ◽  
Author(s):  
Tess Chakkalakal
Keyword(s):  
Nineteenth Century ◽  
Nineteenth Century America ◽  
Legal Sanction ◽  
The Law ◽  
Legal Forms ◽  
Legal Marriage ◽  
Husband And Wife

This introductory chapter defines slave-marriage and how it bears upon legal marriage in nineteenth-century America. Hidden from law and subject to separation, a slave-marriage was considered to be so far outside the purview of legal forms of marriage that it seemed hardly worth mentioning. Yet, as a number of slave testimonies and cases heard after the abolition of slavery suggest, slaves married in spite of the law that stipulated “the slave could not marry because he was legally incapable to consent, because the relation of husband and wife was inconsistent with that of master and slave.” Efforts to legalize slave-marriages following emancipation suggest that their marriages were, in fact, just as valued as legal marriages even though they were performed, originally, without legal sanction.

scholarly journals The Jurisprudential Maxim (Translator’s Statement is Absolutely Accepted) Between Islamic Law and Civil Procedures Law in the Sultanate of Oman And Contemporary Applications: القاعدة الفقهية: (يُقبل قول المترجم مطلقا) دراسة مقارنة بين الفقه الإسلامي وقانون الإجراءات المدنية والتجارية في سلطنة عمان

2020 ◽  
Vol 6 (3) ◽  
Author(s):  
Fahad Khamis Ahmad Al-Fahdi
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Sultanate Of Oman ◽  
Islamic Jurisprudence ◽  
Judicial Ruling ◽  
The Law ◽  
Definition Of ◽  
Education Courses ◽  
Civil Procedures ◽  
Single Statement

This research aims at clarifying the significance of and studying and establishing the jurisprudential maxims, especially those related to the judiciary so that they help judges in their work, muftis in their understanding and students in their memorization. The maxim of (Translator’s Statement is Absolutely Accepted) is a great maxim since it represents a principle in the judicial ruling. This research is a new addition to the comparative jurisprudential literature, an approach between Islamic jurisprudence and contemporary law, and a manifestation of the greatness of Islamic Sharia that cares for all aspects of life. This research is divided into two subjects: First: the definition of terms such as maxim, jurisprudence and law in three sections. Second: the explanation and establishment of the maxim and the legal status in four sections, as well as the judicial applications. The researcher concludes the study with the most important results, that of the jurisprudential maxims combine different issues in simple eloquent phrases, and that the procedures law has noble Sharia purposes, represented in caring for the interests of people and achieving the highest meanings of integrity and justice. The Islamic jurisprudence pays attention to the maxims of the rules of procedures more than the positive laws do. The law considers the Islamic Jurisprudence regarding the translator issue, unless in oath-taking. Translators shall be fair, familiar with both languages, and accepts a single statement. Among the most important recommendations: the provisions of jurisprudential maxims shall be contained in bills, and the judges shall consider the maxim in all filed cases. In addition, education courses should be held for translators so that they know the procedures of the progress of cases in courts, and the criticality of accuracy.

scholarly journals Surrogate Mother Agreement and the Effect on Children's Status Born

2020 ◽  
Vol 1 (2) ◽  
pp. 311-324
Author(s):  
Filda Achmad Al Yadainy
Keyword(s):  
Legal Status ◽  
Married Couple ◽  
Fertilization In Vitro ◽  
Surrogate Mother ◽  
Fourth Condition ◽  
The Status ◽  
Legal Marriage ◽  
Husband And Wife

That surrogate mother is one of the IVF techniques (fertilization in vitro), the seeds must come from the husband and wife pair and then put in the womb of another woman. After the child is born another woman is obliged to give the child to a married couple who ordered the agreed agreement. In this research, the author aims to find out how the validity of the agreement surrogate mother and what is the legal status of children born from agreements surrogate mother. Agreement is asomething that someone or some people commit themselves to someone or some people who tie themselves to others, and while Legitimate children are children born in or due to a legal marriage. The theory used (statue approach) by examining all regulatory laws. Results of research on the validity of the agreement surrogate mother, the agreement is invalid because it is based on the fourth condition in terms of the validity of an agreement Pasal 1320 KUHPerdata that is, due to "the existence of halal reasons" and as for the status of the child from the status of the child who was born that the child is the child of a surrogate who already conceived and gave birth to her.

scholarly journals KARAKTERISTIK PEMASANGAN HAK TANGGUNGAN TERHADAP HARTA PERKAWINAN

2019 ◽  
Vol 5 (2) ◽  
pp. 161-174
Author(s):  
Kadek Setyawan Danarta
Keyword(s):  
Legal Status ◽  
Civil Code ◽  
Legal Systems ◽  
Marriage Law ◽  
Legal Principles ◽  
Marital Property ◽  
Legal Position ◽  
The Law ◽  
Husband And Wife

In essence the law is the realization of the protection of the interests of the community. Regarding Marriage Assets Law between husband and wife regulated in the Marriage Law has different legal principles from the Civil Code, so that in its application, Marriage Assets Law is subject to two legal systems, namely Marriage Assets Law based on Civil Code and Wealth Law Marriage based on the Marriage Law. The purpose of this thesis article is about the problem, the legal position of marital property in a household if it is used as a mortgage and the implementation of the mortgage rights to the marriage assets. In this article research uses a normative juridical method with an empirical juridical approach to refer to Law No. 1 of 1974 concerning Marriage. The results of the study basically if there is a marriage there will be a mixture of wealth between husband and wife, if the marriage is not accompanied by a marriage agreement, between the two parties there will be a round of wealth. (1) The legal status of marital property in a household if it is made a mortgage or legal property of marriage in jurisprudence has been accepted by the principle of transitory law. (2) Then the implementation of the installation of mortgages to marital assets must always be approved by both parties both husband and wife. While the granting of mortgages is preceded by a promise to provide mortgages as collateral for repayment of certain debt, which is stated in and is an integral part of the debt agreement.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

Mengatasi Kelangkaan Tafsir Ahkam di Tengah Komunitas Penggiat Fikih Nusantara

SUHUF ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 219-234
Author(s):  
Muhammad Ishom El-Saha
Keyword(s):  
Social Life ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Muslim Scholars

Study on Islamic  jurisprudence in  Indonesian is very vigorous and developed in accord with the dynamics of society’s life in Indonesia. Starting from the study of Islamic jurisprudence on worship, marriage and even on social life in line with the revival of  shariah economy. However, although the study theme of Islamic jurisprudence is getting wider, it has not aroused the mark for the interest revival of Indonesian muslim scholars to  study in depth and width about the Quranic exegesis of the law yet. This writing is made to encourage those who may concern on this issue that it is advisable to those vigorously study the Islamic jurisprudence in Indonesia redesign the pattern of the study of Islamic jurisprudence to be more systematic by emphasizing its study on the Quranic exegesis of the law. This writing explains that the study of Islamic jurisprudence using the approach of the Quranic exegesis of the law will lead to the comprehensive undertanding on the problems of Islamic jurisprudence.

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