scholarly journals KONSEKUENSI MARRIED BY ACCIDENT DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

2018 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Imawanto Imawanto ◽  
Edi Yanto ◽  
Mappanyompa Mappanyompa
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Biological Father ◽  
Men And Women ◽  
Positive Law ◽  
Legal Guardianship ◽  
Illegitimate Child ◽  
Legal Perspective ◽  
The Guardian ◽  
Cover Up

This article discusses married by accident, which is a marriage that is forced to be carried out between a pair of men and women because the woman is already pregnant, their parents must marry her, in order to cover up their disgrace in the community. Using juridical-normative research methods. The results of the study are, first, the law of being married by accident is permitted both by positive law and Islamic law, secondly, the position of a married by accident child becomes a legitimate child in the perspective of positive law, and an illegitimate child in the perspective of Islamic law. Third, in a positive legal perspective, the legal guardianship and inheritance rights of a daughter from married by accident are her biological father and inheritance rights from her parents, whereas in Islamic legal perspective the child resulting from married by accident biological father has no right to give heirs and is not entitled also be the guardian of the child.keywords: Islamic law; married by accident; positive law. AbstrakArtikel ini membahas tentang married by accident, yaitu pernikahan yang terpaksa dilakukan antara sepasang laki-laki dan perempuan karena perempuannya sudah hamil terlebih dahulu, orang tua mereka harus menikahkannya, dalam rangka menutupi aib mereka di masyarakat. Menggunakan metode penelitian yuridis-normatif. Hasil penelitian, pertama, hukumnya married by accident di bolehkan baik oleh hukum positif dan hukum Islam, kedua, kedudukan anak married by accident menjadi anak sah dalam perspektrif hukum positif, dan anak tidak sah dalam  perspektif hukum Islam. Ketiga, dalam perspektif hukum positif, hak wali dan hak waris anak perempuan dari married by accident adalah ayah biologisnya dan memperoleh hak waris dari kedua orang tuanya, sedangkan dalam perspektif hukum Islam anak hasil dari married by accident ayah biologis tidak berhak memberikan waris dan tidak berhak pula menjadi wali anak tersebut ketika menikah.kata kunci: hukum Islam; hukum positif; married by accident.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

scholarly journals Analisis Konsep Kawin Hamil pada Film Dua Garis Biru Perspektif Hukum Positif Indonesia dan Hukum Islam

2020 ◽  
Vol 1 (1) ◽  
pp. 8-16
Author(s):  
Emiliya Ehsaniyah
Keyword(s):  
Pregnant Woman ◽  
Pregnant Women ◽  
Islamic Law ◽  
Free Association ◽  
Men And Women ◽  
Positive Law ◽  
The Status ◽  
Legal Marriage ◽  
In Pregnancy ◽  
Husband And Wife

Nowadays, there are many cases of marriage for pregnant women, this is one of the effects of too free association between men and women. The phenomenon of pregnant marriage as a result of promiscuity among adolescents is reflected in the film Two Blue Lines. In Islamic law, people who engage in husband and wife relations outside of a legal marriage are punished as adultery. If the adultery results in pregnancy and marriage, the priests of the Madzhab have different opinions regarding the validity of the marriage and also the status of the child in the womb. Whereas in positive law (Marriage Law and KHI), the marriage of a pregnant woman is legal and the status of the child who is born later is categorized as a legal child. The purpose of this study was to determine and analyze the concept of pregnant marriage contained in the scenes of the film Dua Lines Biru to be analyzed using Law No.1 of 1974 concerning Marriage, Islamic Law, and Compilation of Islamic Law.

scholarly journals PANDANGAN MASYARAKAT TENTANG TAUKIL WALI: Studi di Desa Dempet Kabupaten Demak

2017 ◽  
Vol 9 (1) ◽  
pp. 87
Author(s):  
Ida Iftidah
Keyword(s):  
Islamic Law ◽  
Religious Leaders ◽  
Human Beings ◽  
Mutual Help ◽  
Village Community ◽  
Positive Law ◽  
The Guardian ◽  
The Village ◽  
Lack Of Knowledge

Wali (Marriage Guardian) is one of the important element in marriage. The position of marriage guardian determines whether the marriage is legitimate or not, because marriage guardian is one of the pillars of marriage that must be met. But the majority of people in the village of Dempet Demak, delegate the rights to the ward headman or local religious leaders. As a result, the deed committed by the wali nasab, regarded as the legitimate action. That is, from the dempet village community perspective, the act of doing this is not a form of violation, However as the best solution for the guardians who have no ability to perform her own daughter marriage. This happens for several reasons such as the inability to say the pronunciation of the marriages contract, lack of knowledge of the guardian so that they delegate to people who know more about the religion, even some that because of  ta'ẓim to Kiai. The Events of taukil wali in the village of Dempet normatively is permissible because that has brought benefits to our fellow human beings as of the presence of 'taukil wali' has helped facilitate the affairs of human beings and as a form of mutual help in goodness and piety. This paper describes the issues regarding 'taukil wali' of Islamic law and positive law.[Wali merupakan salah satu unsur penting dalam pernikahan. Posisi wali menentukan sah dan tidaknya pernikahan, sebab wali nikah adalah salah satu rukun nikah yang harus dipenuhi. Namun mayoritas masyarakat di Desa Dempet Kabupaten Demak, mewakilkan hak perwaliannya kepada penghulu atau tokoh agama setempat. Mereka tidak terbiasa menikahkan putrinya sendiri. Akibatnya perbuatan yang dilakukan wali nasab tersebut dianggap hal yang sah-sah saja. Artinya masyarakat Desa Dempet tidak melihat bahwa perbuatan yang dilakukannya itu sebagai sebuah bentuk pelanggaran, tetapi sebagai solusi terbaik bagi para wali yang tidak ada kemampuan untuk mencoba menikahkan anaknya sendiri. Hal ini terjadi karena beberapa alasan seperti  ketidakmampuan wali mengucapkan lafal akad nikah, kurangnya pengetahuan wali sehingga mewakilkan kepada orang yang lebih paham tentang agama, bahkan ada juga yang karena ta’ẓim kepada Kiai. Peristiwa taukil wali di Desa Dempet secara normatif hukumnya adalah boleh, sebab yang dilakukan telah memberikan manfaat terhadap sesama manusia karena dengan adanya taukil wali nikah telah membantu memudahkan urusan sesama manusia dan sebagai bentuk tolong menolong dalam hal kebaikan dan ketakwaan. Tulisan ini mendeskripsikan tentang masalah taukil wali nikah secara hukum Islam dan hukum Positif.]

scholarly journals IMAM KAMPUANG SEBAGAI WALI HAKIM: Analisis Terhadap Putusan Pengadilan Agama Talu Nomor 502/Pdt.G/2011/PA Tentang Itsbat Nikah

2018 ◽  
Vol 3 (2) ◽  
pp. 153
Author(s):  
Abdul Alim ◽  
Edi Rosman
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Legal Guardian ◽  
Positive Law ◽  
The Government ◽  
Law And Legislation ◽  
The Guardian ◽  
The Village ◽  
Legal Product

<p><em>Marriage is a facility that Allah arranges in such a way that human biological needs are channeled and fulfilled respectfully and well. To carry out a marriage, the role of the guardian of marriage is very important because in his hand a marriage becomes legitimate, in addition to fulfilling the other pillars, including witnesses and dowry. If these pillars are not fulfilled and ignored, the marriages that are carried out are not recognized by the syarak. The decision of the Talu Religious Court by ordering a marriage without a legal guardian according to the rules of Islamic law and legislation in Indonesia certainly seems to have ignored the provisions of the fiqh and the positive law that applies in Indonesia. This is because there are no rules in fiqh and also positive laws that allow a priest to be allowed to marry someone who has no relationship with him. The appointment of the village priest as the guardian of the judge in a marriage is not based on reasons that can be justified by syarak, because in the subsection of the judge's guardian in the constellation of Islamic law and the positive law applicable in Indonesia is the government or the person authorized by the government to be the judge's guardian. In the marriage certificate request that has been granted by the panel of judges, the Religious Religious Court Number: 502 / Pdt.G / 2011 / PA has ignored important aspects in a legal product because of lack of attention to aspects of Islamic law (fiqh) that never provide opportunities to people who are not have a relationship with a woman nasab.</em></p>

scholarly journals ZAKAT PROFESI DALAM PERSPEKTIF UU RI NOMOR 23 TAHUN 2011 DAN HUKUM ISLAM

2015 ◽  
Vol 15 (2) ◽  
pp. 188
Author(s):  
Muhammad Aziz ◽  
Sholikah Sholikah
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Expert Opinion ◽  
Capital Investment ◽  
Islamic Law ◽  
Time Limit ◽  
Real Object ◽  
General Nature ◽  
Legal Certainty ◽  
Legal Perspective

<p>One of the real object of charity to this day is still debatable zakat profession, although its existence is still debated, but many have been put into practice, including the case that the rule in Indonesia, who wants to know in this article are; how the zakat profession in the legal perspective number 23 year 2011 about the management of zakat and Islamic law?</p> <p>This paper uses qualitative research methods to the study of comparative - descriptive - analytic, ie describe the Surah al-Baqarah: 167, hadith of the Prophet narrated by Said bin Abi Burdah, and scholars' opinions, as well as Law No. 23 of 2011, in particular article that talk about charity profession, comparing expert opinion in fiqh, then analyze it critically.</p> <p>This paper concludes; Zakat Law No. profession in perspective. 23 in 2011, to emphasize that the charity has an official and legal profession institutionalized in formal, binding and juridical in the regulation of the state of Indonesia. existence of zakat profession in this regulation, as well as to provide legal certainty on the Muslim individual and business entity owned by Muslims in zakat to mustahiq transfer can also be used as part of Islamic philanthropy that can be used for the welfare of Muslims, the case so this is also part of the basic management of zakat perpspektif Law No. 23 year 2011 is. Zakat profession in Islamic law perspective to emphasize that the obligation of zakat profession based on letters of al -Baqarah: 267 of a general nature, hadiths of a general nature and analyzes of Islamic jurists (fuqaha') good classic or contemporary. The case has implications regarding the result of the material, whether derived from trade, capital investment, honorarium, salary, etc., or even in terms of the time limit should not have been in possession of the property.</p>

scholarly journals Tinjauan Hukum Islam terhadap Pernikahan dengan Wali Hakim (Studi Kasus di KUA Kecamatan Bulo, Kabupaten Polman)

2021 ◽  
Vol 2 (2) ◽  
pp. 301-313
Author(s):  
Mukran H. Usman ◽  
A. Hawariah ◽  
Rosmita Rosmita ◽  
Nurfatimah Muh. Tahir
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Techniques ◽  
Normative Approach ◽  
Positive Law ◽  
The Guardian

This study aimed to determine the cause of the marriage of guardian judges in the KUA, Bulo District, Polman Regency and to find out the review of Islamic law on this phenomenon. The research method used was field research with descriptive analysis techniques and applies a phenomenological and juridical-normative approach. The results showed that; 1) Among the factors in the occurrence of marriage with the guardian judge at the KUA, Bulo Sub-district, Polman Regency, is because there are no living lineage guardians and or no Muslim lineage guardians; 2) According to Islamic law, marriage with a guardian judge is legal if it has fulfilled the conditions and pillars that have been determined both in positive law and Islamic law, where the KUA Kecematan Bulo, Polman Regency stipulates that the guardian judge is a Muslim, akil, and balig.

scholarly journals PREDISPOSISI KRIMINAL TINDAK PIDANA PERZINAHAN DAN ABORSI DALAM PELAKSANAAN PERATURAN PEMERINTAH NOMOR 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI.

2021 ◽  
Vol 5 (1) ◽  
pp. 56
Author(s):  
Siti Fatimah
Keyword(s):  
Sexual Behavior ◽  
Reproductive Health ◽  
Government Regulation ◽  
Islamic Law ◽  
Unwanted Pregnancy ◽  
Criminal Code ◽  
Customary Law ◽  
Men And Women ◽  
Positive Law ◽  
Mutual Agreement

This paper contains a discussion of predisposition or contradiction in laws and regulations governing the crime of adultery with the implementation of abortion. Adultery and abortion are criminal acts that are victimless in nature or crimes with mutual agreement and without victims. In positive Indonesian law, adultery is only considered a criminal act when one or both of the perpetrators are married people or in our society it is known as an affair or gathering. kebo. This is very contrary to Islamic law and laws that live in society or customary law as stated in the Pancasila. As a result, a pregnancy outside of wedlock or an unwanted pregnancy may result from this adulterous relationship. When a pregnancy outside of marriage occurs, the psychological condition of both parties is disturbed and eventually not a few decide to take the path of abortion, especially teenagers, even though at the risk of losing their life. Even though by law abortion is allowed, but even then it must be subject to rules, conditions and supervision. strictly carried out by competent parties as designated by law. The formulation of the article on adultery in Indonesian legislation is still unclear, especially for the act of adultery committed by two men and women who are neither married to any party. However, sexual behavior is risky or between other pre-marital sexual behavior according to Article 11 of Government Regulation no. 61 of 2014 concerning Reproductive Health to prevent and protect adolescents from these acts because it is clear that they have a bad impact both physically and psychologically. This is where there is a conflict between Indonesia's positive law, namely between Article 284 of the Criminal Code and Article 11 of Government Regulation no. 61 of 2014 concerning Reproductive Health. Meanwhile, the adultery article as mentioned above has been clearly stated in Article 240 of the Draft Criminal Code, but so it has not been ratified for certain reasons. Among the efforts to prevent the crime of adultery and abortion is the enforcement of the substance, structure and culture of law in Indonesia.

scholarly journals Konsep Kedewasaan Subyek Hukum

2020 ◽  
Vol 5 (2) ◽  
pp. 257-269
Author(s):  
Ahmad Sainul
Keyword(s):  
Islamic Law ◽  
Age Difference ◽  
Legal Certainty ◽  
Marriage Law ◽  
Men And Women ◽  
Positive Law ◽  
The Law

There is a difference in the concept of the legal maturity limit according to Islamic law and positive law. The legal subject's maturity is fifteen years old or ihtilam for men and menstruation for women. whereas according to positive law there is no legal certainty regarding legal skills in the age of 18 years, 21 years, or after marriage, resulting in confusion in determining one's skills before the law. Then the age difference in the Marriage Law for men and women needs to be equalized and needs to be re-agreed in accordance with physical and mental considerations for all parties who will get married

scholarly journals Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status

2020 ◽  
Vol 2 (2) ◽  
pp. 106-117
Author(s):  
Siti Rabiah Rumadaul
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Islamic Law ◽  
Biological Father ◽  
Positive Law ◽  
The Future ◽  
The Status ◽  
The Difference ◽  
The Government ◽  
Legal Consequences

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.

scholarly journals ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE

Hukum Islam ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 89
Author(s):  
HARI SUTRA DISEMADI
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Civil Code ◽  
Cost Of Living ◽  
Biological Father ◽  
Marital Relations ◽  
Illegitimate Child ◽  
The Status ◽  
The Cost

Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.

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