husband and wife
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2022 ◽  
Vol 3 (1) ◽  
Author(s):  
H. M Umar

Marriage in Indonesia has been regulated in laws and regulations that apply to all Indonesian people, namely the Marriage Law Number 1 of 1974.[1] In this Law as stated in Article 2 which reads that marriage is only valid, if it is carried out according to each religion and belief, then each marriage is recorded based on the applicable laws and regulations. The Jambi Religious Court as the executor of judicial power in the Jambi Religious High Court area has received 2 (two)cases isbat/ marriage ratifications for non-Muslim husbands and wives to become converts to get legal certainty from marriage before embracing Islam, namely the case with Number 14/Pdt.P /2017/PA Jmb on 01 February 2017 and the case with Number 64/Pdt.P/2019/PA Jmb on 09 August 2019. The reason for converting husbands and wives to submit isbat/ marriage ratification is because marriage before embracing Islam does not have a certificate marriage from the Civil Registry Office. So that the husband and wife of the converts filed a case isbat/ marriage ratification to the Jambi Religious Court to ask for the validity of their marriage. The Jambi Religious Court judge who tried the case, in his decision, granted the request and declared the marriage of a husband and wife to be converts to Islam without advocating remarriage. Even though the marital status of a non-Muslim husband and wife when they converted to Islam, the scholars were still debating until they were divided into two groups.


Author(s):  
Musfira Musfira ◽  
Syahrizal Abbas ◽  
Khairani Khairani ◽  
Wahyu Khafidah

Specifically, this study is the concept of joint property ownership of husband and wife. The focus of this study is important because, in the Marriage and Islamic Law Compilations, The property obtained in marriage becomes the joint property.So that, when a divorce or death occurs, each person gets half a share, in the regulation, there is no question about who produced it. In the reality of life in society, many wives work to earn a living, so it was interesting to study the different proportions in the distribution of property, in the event of a divorce. The problem of this research was how the concept of the joint property rights of husband and wife. In answering these problems, this research was carried out using the Socio-Legal Research method, by looking at the reality on the ground, to interpret joint property in changing situations. The technique of collecting data was through literature study, while the data analysis was qualitative. The findings of the study indicated that the practice of sharing assets with judges tends to use normative construction. Each of them got half a share and this was seen as an injustice, both through regulation and reconstruction of thinking in the distribution of the shared assets. Keywords: concept, ownership, shared property, marriage, law.


Author(s):  
Zara Ahmed

This paper researches the way in which marriage as a concept has evolved in Pakistani culture. Pakistani individuals are studied and researched within Pakistan, as well as outside in foreign countries. The customary arranged marriage situation is studied, as well as its effects on the life of both the husband and wife. We also look at the evolution and how change has brought love marriages or arranged love marriages have begun to arise within Pakistani culture. The effect of love marriages on Pakistani culture and its connection to violence has also been studied. Ultimately, Pakistani culture regarding marriage has been evolving over time and in the future, we hope to see even more change which includes an acceptance for customs and traditions that are new.


2021 ◽  
Vol 13 (2) ◽  
pp. 150-169
Author(s):  
Fatmawati Fatmawati ◽  
Kasmiati Kasmiati

Divorce is a result of the inability of husband and wife to overcome problems in the household. Based on data from the Palu City Ahama Court, husband and wife's opinion occurred a lot in palu city. For this reason, this study aims to explain the causes of husband and wife divorce in Palu City. Through field research by reviewing and analyzing data from interviews, observations, and dolumentation, qualitative analysis can be done. From the results of the analysis, it was found that the phenomenon of the cause of divorce in Palu City in terms of internal in the household environment occurred because one party left the obligation to make a living for the survival of the family with a percentage of 45.38%, the occurrence of moral crises such as gambling, drunkenness with a percentage of 6.62%, excessive jealousy that caused heartache with a percentage of 3.01%,  Disputes that occur continuously with a percentage of 29.51%, unhealthy polygamy 1.80%. Furthermore, another cause of divorce in Palu City is in terms of external factors, is because parents who interfere too much in household affairs with a percentage of 8.20%, other parties as third parties by spreading slander whose percentage reaches 2.40%.


2021 ◽  
Vol 11 (2) ◽  
pp. 202-214
Author(s):  
Alfha Sulindra ◽  
M. Darudin ◽  
Sirman Dahwal

Underage marriage is a marriage bond between a man and a woman, where the age of both or one of them has not reached the limits stipulated in Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage. Underage marriage is one of the legal acts that is not justified by the law of marriage. However, in reality in Empat Lawang Regency it is still practiced, and even the number of underage marriages is still high. The formulation of the problems in this study were: (1) How was the underage marriage in Empat Lawang Regency viewed from the Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage? (2) What were the factors causing the high rate of underage marriage in Empat Lawang Regency? (3) How was the impact of underage marriage on the harmony of domestic life? The research method applied in this study was juridical empirical. The results of this study indicated that: (1) Underage marriage in Empat Lawang Regency had been carried out according to Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, if the prospective husband and wife had not met the requirements as regulated in the Law, then the prospective husband and wife must apply for dispensation to the Religious Court for approval of marriage permits. (2) The factors causing the high rate of underage marriages in Empat Lawang Regency consisted of being pregnant outside of marriage (married by accident), worrying that their child will fall into promiscuity, pressure from parents, lack of economic stability, desire of lasting relationship, family traditions, lack of parental supervision of children, lack of sex education, and parental mindset. (3) The impact of underage marriage on the harmony of household life was the difficulty to form such a harmonious household.


Author(s):  
Victoria Slobodyan ◽  
Marina Polishchuk

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.


2021 ◽  
Vol 5 (2) ◽  
pp. 648
Author(s):  
A. Kumedi Ja'far ◽  
Agus Hermanto

A concept of rights and obligations will work when there is a balance between the two. Malahat theory is an intra doctrinal reform for the realization of humane legal norms. However, in reality, this concept is not easy to implement. It is said that a woman is made as to the subordinate in the family and sometimes there is no justice for her. At this time, women not only play a role as housewives but also help earn money for the family. What becomes a problem is how to reinterpret the equitable distribution of household rights and obligations. This study aims to describe the rights and obligations of husband and wife by maintaining the values of justice. This research is library research that discusses the husband's income for his wife, who is also the breadwinner. The paradigm of the husband is the leader of the household, and the wife is the housewife is something that spurs Muslim feminists to reinterpret. It is because wives are no longer only responsible as housewives, but more than that, they also help make a living in the household. Then, the concepts of justice, equality, ukhuwah islamiyah and mu'asyarah bil ma'ruf must be prioritized for the benefit and the formation of a sakinah, mawaddah wa rahmah in a family. It needs to be reconsidered if we want to make it a new fiqhparadigm.


2021 ◽  
pp. 1-21
Author(s):  
Chris Baker ◽  
Pasuk Phongpaichit

This article investigates the process of making and applying law in Ayutthaya Siam through a close reading of one text from the Three Seals Code, the Law on Husband and Wife. Rather than a piece of legislation from a certain date, this law is an archive of judgements and decrees accumulated over a long period. The constituent clauses do not lay down rules but give examples of disputes and advice on solving them. The courts’ main role was to foster conciliation. The law seems to have been applied mainly to commoners. Many clauses have unusual features—editorial, graphic portrayal, poetic phrasing, word-play, homily—which suggest they had public use beyond a courtroom. The conclusion offers a speculative history of this law in the Ayutthaya era.


2021 ◽  
Vol 5 (1) ◽  
pp. 773
Author(s):  
Wayan Resmini ◽  
Abdul Sakban ◽  
Ni Putu Ade Resmayani

ABSTRAK Perkawinan adalah  ikatan sebagai suami istri dengan tujuan membentuk keluarga yang bahagia dan kekal. Sayangnya, ikatan tersebut kerap berujung pada perceraian. Tanggung jawab suami dan istri terhadap utang piutang bersama setelah terjadinya perceraian dibedakan menjadi dua, yaitu utang pribadi  dan utang persatuan. Berkaitan dengan hal tersebut, perlu dilaksanakan penyuluhan untuk memberikan pemahaman dan pendidikan bagi masyarakat yang akan melakukan perceraian terutama dalam masalah hukum yuridis utang piutang. Lokasi kegiatan adalah di kecamatan Sekarbele, Kota Mataram. Metode yang dipergunakan dalam kegiatan ini adalah ceramah dan tanya jawab. Dari hasil diskusi, diketahui bahwa Masyarakat  Kecamatan Sekarbela  belum mengerti dengan masalah tersebut karena belum pernah adanya sosialisasi dari pemerintah terkait.   Umumnya, apabila terjadi perceraian, pihak perempuan tidak terlalu memikirkan hak – hak mereka. Begitu ada putusan perceraian, mereka pulang ke rumah orang tuanya dengan membawa apa yang bisa mereka bawa (pakaian dan perabot rumah tangga). Hal ini disebabkan karena masyarakatnya masih sangat sederhana kehidupannya. Disamping itu, pengaruh sistem kekerabatan patrilinial turut berperan dalam permasalahan ini. Jika pihak perempuannya yang menyebabkan terjadinya utang, maka keluarga pihak laki-laki (suaminya) yang menanggung utang tersebut dengan menceraikan istrinya (dengan kesepakatan), sebaliknya kalau yang membuat utang suami jelas itu adalah tanggung jawab sang suami. Kata Kunci: utang; piutang; perceraian ABSTRACTMarriage is a bond between husband and wife to form a happy and eternal family. Unfortunately, these bonds often lead to divorce. The responsibility of husband and wife for joint debts after the divorce is divided into two, namely personal loan and union loan. In this regard, it is necessary to conduct counseling to provide understanding and education for people going to divorce, especially in legal matters of debt and debt juridical. The location of the activity is in the Sekarbele sub-district, Mataram City. The method used in this activity is lecture, question, and answer. The discussion results show that the people of Sekarbela District do not understand this problem because there has never been any socialization from the government. Generally, when a divorce occurs, the women do not think about their rights. Once a divorce verdict happens, they return to their parents' house with what they can bring (clothes and some household furniture). This situation occurs because the people are still naive in doing their life. In addition, the influence of the patrilineal kinship system also plays a role in this problem. If the woman causes the debt, then the man's family (husband) bears the debt by divorcing his wife (by agreement). On the other hand, it is the husband's responsibility if the husband makes the debt clear. Keywords: debt; receivable; divorce


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