Problems of legal regulation of a marriage agreement in the Russian Federation

This article is devoted to the application of the marriage contract by persons entering or already married. The authors define the relevance of concluding marriage contracts and emphasize the positive trend of their application in Russia. As a rule, the question of the division of property is the most difficult and problematic both in theory and in practice. In scientific circles, there is a discussion about the legal nature of the marriage contract. The specifics of its conclusion and the scope of regulation of relations do not give an unambiguous answer about the branch affiliation of this legal institution. There are also a large number of gaps in the Family Code of the Russian Federation due to the lack of legislative consolidation of some aspects related to the contractual regime of spouses’ property. In addition, there is still an unresolved issue regarding the conditions and procedure for concluding a marriage contract by minor citizens entering into marriage. In the article, the authors come to the conclusion that the marriage contract as a legal phenomenon requires more legal regulation at the legislative level.

Praktik Akad Nikah Bagi Mempelai Tunawicara dalam Perspektif Kompilasi Hukum Islam

The author is interested in researching the practice of the marriage contract with the bride and groom who have limitations in pronouncing the contract (impaired), from practice in the field it is often the case that the marriage contract of the non-verbal bride is carried out by a representative but without a clear power of attorney, it is not entirely wrong. Because sometimes both parties believe that there will be no dispute in the appointment of representatives. The bride and groom base the implementation of their marriage contract on the encouragement of the community, clerics, customs, and indeed an agreement between the two parties. The approach method used in this paper is a juridical-normative approach in the study of fiqh. A juridical approach by examining legal rules and a normative approach in the study of fiqh is used in analyzing problems that occur in society. For provisions that require the granting of power in writing, basically it is not stipulated in the book of fiqh. In fact, fiqh explicitly stipulates that it can be in the form of words (عبارة) or in written form. There is nothing wrong with the provisions stipulated by the Compilation of Islamic Law, which are promulgated, following the rules of al-maslahah al-mursalah which have been explained or the concept in the book of Bughyah al-Mustarsyidn which says that government decrees which are not forbidden by the Shari'a must be obeyed physically and mentally. If it is against the Shari'a, such as obliging something that is haram, then it is enough to obey outwardly. In article 17 paragraph (3) of the KHI which reads "For the prospective bride and groom who suffers from speech impairment or deafness, consent can be stated in writing or signs that can be understood," so without a power of attorney there is nothing wrong or allowed. What is clear is that the marriage is still valid, the KUA does not require the speech-impaired bride and groom to make or show a power of attorney.

Sige Tareik Nafah

There is a phenomenon that occurs in Langsa City regarding the understanding of some Imum Gampong (Village Imams) and some community leaders who argue that in the pronunciation of the ijab-qabul lafadz spoken by the bride's guardian or by the prospective groom, it must be sige tareik nafah. This sige tareik nafah, as said by Tengku imum gampong (village priest), is very burdensome for the prospective groom or guardian, because in addition to the long sentences, nervousness becomes an obstacle and interferes with concentration in pronouncing consent, so many feel afraid before the implementation of the marriage contract, such rules or customs seem too excessive. This article uses the sociology of law theory. The results of the study show that the scholars of Langsa City in this matter are a habit or custom that develops in society, so that the gampong priests understand it as a legal stipulation, then in pronouncing the ijab-qabul it must be with sige tareik nafah, otherwise the marriage is invalid. . Then this sige tareik nafah is an addition to the understanding of the village priest about the prohibition of fashl in pronouncing the ijab-qabul and the qabul-qabul must be in one assembly.

Property which is the personal private property of the wife, husband

Problem setting. The article examines issues related to property that is the personal private property of the wife, husband. Some problems and contradictions of the legal regime of personal private property are analyzed, according to the results of the analysis of which, one’s own position is stated. The case law on this issue is studied and its key aspects within the topic of the article are singled out. The thesis is proposed and argued that an effective way to establish the legal regime of property, according to which it will be the personal private property of a husband or wife can be a marriage contract. The practical significance of the obtained results is that they can be used: in the research field ‒ for further research on the problems of personal private property of spouses in family relationships; in law-making activity ‒ for improvement of provisions of the current legislation of Ukraine, at creation of new and modification of the operating domestic regulatory legal acts concerning the outlined problem; law enforcement activities ‒ by applying practical conclusions and recommendations in practice in matters relating to personal private property of husband, wife; in the educational process ‒ as a didactic support of certain topics in the discipline «Family Law of Ukraine». Analysis of recent researches and publications in which this problem was considered, showed that, in particular, such scientists as V.K. Antoshkina, V.I. Borisov, L. Vlasenko, E.M. Vorozheykin, N. Zagriya, I.V. Zhilinkova, A.O. Dutko, V.O. Kozhevnikova, L.V. Krasitska, V.A. Kreutor, O.M. Ponomarenko, O.V. Rozgon, O.I. Safonchik, O.V. Sinegubov, I.V. Spasibo-Fateeva, R.O. Stefanchuk, E.O. Fomina, S. Fursa, E. Fursa, E.A. Kharitonov, Y.S. Chervony, V.L. Yarotsky and others paid much attention to its various aspects. Target of research. Research of the legal nature and features of property that is the personal private property of the wife, husband. Article’s main body. According to the Family Code of Ukraine, the personal private property of the husband and wife are: 1) property acquired before marriage; 2) property acquired during the marriage, but on the basis of a contract of gift or by inheritance; 3) property acquired during the marriage, but for funds that belonged to one of the spouses personally; 4) housing acquired by one of the spouses during the marriage as a result of privatization in accordance with the Law of Ukraine “On Privatization of State Housing”; 5) land acquired as a result of privatization, which was in his / her use, or obtained as a result of privatization of land of state and communal agricultural enterprises, institutions and organizations, or obtained from state and communal lands within the norms of free privatization defined by the Land Code Of Ukraine. In addition, the personal private property of the spouses is also things for individual use, ie things that each spouse personally uses daily or regularly. Here it is important to emphasize that there is no clearly defined list of such things in the current legislation. However, as a rule, these include clothing, perfumes, cosmetics, accessories, jewelry, personal hygiene products and more. Such items include, in particular, jewelry, even if they were purchased with common funds. However, in practice there are difficulties in what is to be understood by the concept of “jewelry”, because it is evaluative. In the event that the division of property of the spouses takes place in court, the court must decide in each case whether a particular thing is valuable. Conclusions and prospects for the development. Thus, property acquired before marriage is exclusively personal private property – marriage registration does not change the legal regime of property acquired separately by each spouse before marriage. In addition, such property retains a regime of separation regardless of the duration of the marriage, even if the property was used not only by the owner but by both spouses. As for the property acquired in marriage, it is possible to recognize it as personal private property, but this requires a lot of effort and substantiated evidence that confirms the fact that one of the spouses spent their personal money and specific property. We concluded that an effective way to avoid possible risks and protect spouses from future misunderstandings and disputes over property regimes is to conclude a marriage contract, which can not only resolve the property relations of husband and wife during marriage, but also prevent possible lawsuits. disputes over the division of property in the event of divorce.

Birokratisasi Pernikahan

Marriage outside the KUA becomes polemic in itself when the culture that is considered alms by the community is different from the state's point of view. The wedding procession is a value in itself for the community so that the wedding procession is sometimes accompanied by customs and traditions so that the sacredness in marriage is seen and can be felt. This paper is an empirical study with a sociological approach. This approach is carried out to see and analyze the legal, cultural and social aspects of the practice of marriage processions carried out by the people of Malang City. This paper argues that the majority of residents prefer to hold a marriage contract outside the KUA. This is influenced by several factors, first; the sacred factor; Second, the ease of implementation factor; third, elements of customs and culture; fourth, avoiding bad prejudice from the community, so that many residents prefer to carry out the marriage contract outside the KUA rather than at the KUA.

TINJAUAN HUKUM ISLAM TERHADAP PENGEMBALIAN MAHAR BERGANDA AKIBAT PEMBATALAN PEMINANGAN DALAM (Studi Di Kelurahan Belawan II Kota Medan)

This study examines the tradition of returning multiple dowries due to cancellation of proposal from the perspective of Islamic law in Belawan II Village, Medan City. From these problems, questions arise about how the proposal process is in Belawan II Village, how is the practice of returning multiple dowries due to the cancellation of the proposal and what is the view of Islamic law on the tradition of returning multiple dowries due to the cancellation of the proposal. The type of research that the author uses is a type of field research (field research), to obtain data from the problems studied using qualitative methods. The results of the research that the authors found that the tradition of returning a double dowry due to the cancellation of the proposal in the Belawan II Village, Medan City was carried out by returning the gift at the time of the proposal, namely the gift was in the form of half of the delivery money whose purpose was to be used as a dowry at the time of the marriage contract. Half of the delivery money, which is called the dowry, is returned twice (double) by the woman to the man at the time the proposal has been made. The dowry is returned twice (double) if the cancellation of the proposal is made by the woman. Another sanction is that if the dowry is not returned double (double) at the time of the cancellation of the proposal, neither the man nor the woman may request/accept a proposal from another person, of course this is done by way of deliberation from both parties. The review of Islamic law on the tradition of returning a double dowry due to the cancellation of this proposal is included in the 'urf group.

Religious and Cultural Features of Church Records of Civil Statusparish Registers

This article is an attempt to review religious and cultural features and to find published images on the pages of parish registers of different creeds. To determine and study the relevant and cultural features of the information recording in the parish registers, we considered appropriate to consolidate the comparative and historical-cultural method. The interest of scholars and novelty are proved due to the extremely large information potential of the church reports of civil status, considering their large array in the state archives and satisfactory physical status, suitable for appendage.The study of ecclesiastical acts of civil status makes it possible to study the religious and cultural peculiarities via the records characteristic for representatives of different religions. We should separately mention the peculiarities of the entries in parish registers of the Orthodox population regarding the veneration of holy figures according to the church calendar, which impacted the naming of newborns. Jewish records are characterized by the rite of circumcision of newborn boys and records as for a marriage contract (“ksubba / ktubba”).German-language parish registers attract attention to the double names given to newborn babies, the obligation to declare an forthcoming marriage, and the presence of family information in records of the deceased.

Harmonisasi Tradisi di Tengah Modernitas Umat: Kajian Fenomenologi terhadap Akad Nikah Samin Kudus

Within a plural society, social and cultural discourses are frequently becoming a scourge. One of them is the blending of traditions in the face of people's modernity, such as the link between Islam and the indigenous Samin's traditional beliefs. The purpose of this study is to conduct a phenomenological investigation into the Samin Kudus custom of marriage contracts. Data was gathered using descriptive techniques such as observation, documentation, and interviews, and then analyzed using Edmund Husserl's phenomenological methodology. According to the findings, the marriage contract was held between the groom and the bride through the Samin custom of the marriage contract procession. This is due to the fact that the potential groom is of Samin custom practitioners who also embraces Islam belief, whereas the bride is a Muslimah. In addition, the marital contract procession is a harmonization across traditions in the study of phenomenology, specifically in harmonizing customs and religion through the stages of nyumuk, mbalesi gunem, ngendek, and paseksen. Diskursus sosial dan budaya kerap kali menjadi momok dalam kehidupan masyarakat majemuk. Salah satu di antaranya ialah harmonisasi tradisi di tengah modernitas umat seperti keterkaitan antara Islam dan adat kepercayaan Samin. Tujuan dalam penelitian ini ialah untuk melakukan pendalaman fenomenologis terhadap akad nikah berdasarkan adat Samin Kudus. Data penelitian dihimpun melalui observasi, dokumentasi, dan wawancara dengan teknik deskriptif, kemudian dianalisis menggunakan teori fenomenologi Edmund Husserl. Hasil penelitian menunjukkan bahwa akad nikah yang dilangsungkan antara pengantin pria dan wanita melalui prosesi akad nikah berdasarkan adat Samin. Hal ini disebabkan pengantin pria adalah seorang keturunan adat namun telah berstatus sebagai muslim, sedangkan pengantin wanita beragama Islam. Selain itu, dalam kajian fenomenologi prosesi akad nikah merupakan harmonisasi lintas tradisi, yakni menyelaraskan adat dan agama melalui tahapan nyumuk, mbalesi gunem, ngendek, dan paseksen.