Halfway Between Byzantium and Serbia: Marriage Provisions of the Second Žiča Charter .

Marking the eight hundred years anniversary of the adoption of the Žiča Charter issued by Stefan Prvovjenčani is more than a good reason to closely examine the provisions of this Charter. If we think about the historical and political context of that time, it becomes clear that the Žiča Charter provides direct information on the formative processes of the Serbian state and church. Žiča was not only the seat of the new Serbian archdiocese, but also had a central role in building the cult of the Nemanjić dynasty and especially of Stefan Prvovjenčani as its first king. The Žiča Charter, one of the oldest Serbian legal monuments, represents the determination of the first Serbian king to create a powerful Serbian state and strengthen the Serbian Orthodox Church, which would be the base of the political and legal program not only for Stefan Prvovjenčani, but also for his successors. This is reminiscent of the „symphony doctrine” that was copied from Byzantium, and in that copying, no branch of law, including marriage law, was spared. The most important part of this Charter are definitely the norms dedicated to marital law, which show that general political tendencies had a huge impact on private law too. Many legal transplants such as the prohibition of arbitrary divorce, the prohibition of kidnaping as a way of separating spouses or dowry institutions have caused radical changes in Serbian marital law; however, they were not immune to transformations under the influence of customary law and attitudes of the society of medieval Serbia. It once again proves the thesis of professor Alan Watson who claimed that legal transplants have their own, independent life in the law system that accepted them. When it comes to Serbian medieval law, that life started very early. The influence of Roman-Byzantine and canon law was already felt in the Nomokanon of Sveti Sava, and then in the Žiča Charter; in later regulations of Serbian medieval law this influence becomes quite obvious. The main topic of this paper will be the process of legal transplantation in marital law from the Byzantine Empire to Serbia and the author will also try to discover and explain certain regularities and deviations in that process. Тhe analysis of the marital provisions of the Žiča Charter is naturally imposed here as a starting point.

The Challenge of Legal Marital Law Implementation in Local Context of Indonesia: A Case Study on Marriage Practice in Madura

Marriage serves many purposes for either men or women particularly muslim community. For muslims in rural area, for instance, marriage is an important phase of their life. It can be perceived as natural cycle of life by people. For many, it is also a need to preserve their existences in society. For individuals, marriage is a variously economic ticket, a socializing influence, a form of child care, a means of escape from social constrains and the locus of many other hopes and desires. What is interesting from the point of viewing marriage is the different purposes which marriage is expected to serve man and women in various angles. This article will outline the main issue of legal marital law implementation in local context in Madura which focuses two practices; local marriage procedure and early marriage practice that are mostly different from what have been regulated by the government.

Soborowe źródła prawa małżeńskiego w Kodeksie prawa kanonicznego z 1983 roku

Documents of the Second Vatican Council became essential root of the Canon Code Law of 1983. There is a number of references to conciliar constitutions, decrees and declarations in each Canon Book. This is true also in regard to the marital law included in Ćanons 1055-1165. Amongst sources which were inspirations for the aforementioned marital law there were the following constitutions: Sacrosanctum Concilium, Lumen gentium, and Gaudium et spes; and decrees: Orientalium...., Unitatis..., Christus...and Apostolicum and also Gravissimum. Lawmaker makes 34 references to these documents. The conducted analysis allows to show to what extend norms of the marital law remain under the influence of the Second Vatican Council.

HAK DAN KEWAJIBAN SUAMI ISTERI DALAM ISLAM DAN HUKUM PERKAWINAN DI INDONESIA

Islamic law and marriage law are at the level of rules and laws that must be obeyed by followers of religion and contain benefits for the society. Getting married is a religious command that is worth worship which brings reward, when the religious command is carried out it will produce happiness and benefit for the doers of worship. The existence of the rights and obligations of husband and wife in Islam and marital law in Indonesia is nothing but to foster awareness of husband and wife in realizing a happy family peace,love and mercy, of course when these rights and obligations are not implemented, it will cause family problems that burden both of them (husband and wife) and hinder his success in reaching family expectations. Islam also provides rules and teachings on procedures for harmonious families. Also, the State is bound by responsibility in the form of marriage law which must be applied to Indonesian Moslems.

PLURALISME HUKUM PERKAWINAN DI TAPANULI SELATAN

<p><strong>Abstrak:</strong> Pluralisme hukum merupakan fenomena universal yang dialami oleh semua bangsa. Ia mencakup berbagai aspek kehidupan manusia seperti hukum, politik, dan ekonomi. Pluralisme hukum adalah keniscayaan yang harus diterima. Dalam bingkai pluralisme hukum, masyarakat dihadapkan pada berbagai pilihan hukum, yaitu hukum adat, hukum agama dan hukum negara, tidak terkecuali masyarakat Tapanuli Selatan Provinsi Sumatera Utara. Masyarakat di daerah ini juga mengalami pluralisme hukum dalam bidang perkawinan. Paling tidak, tiga sistem hukum bisa menjadi pilihan mereka atau bahkan dengan melakukan kombinasi antar hukum yang ada. Penelitian ini dilakukan dengan pendekatan kualitatif fenomenologis untuk melihat bentuk relasi antar hukum yang hidup di tengah-tengah masyarakat Tapanuli Selatan. Temuan penelitian ini mendeskripsikan bahwa pada level tertentu, secara umum, keragaman hukum perkawinan merupakan sebuah harmonisasi, di mana masyarakat menggunakan dua sistem hukum bahkan lebih pada saat yang bersamaan. Namun ada kalanya pada situasi tertentu, keragaman hukum ini berubah menjadi “ketegangan”.</p><p><strong>Abstract:</strong> Legal Pluralism on Marriage in South Tapanuli. Legal pluralism is an universal phenomenon experienced by all nations. He covers various aspects of human life, such as law, politics and economics. Legal pluralism is a necessity that must be accepted. In the framework of legal pluralism, people are faced with a variety of legal choices, namely customary law, religious law and state law. No exception is the South Tapanuli community of North Sumatra Province. Communities in this area also experience legal pluralism in the field of marriage. At least, there are three legal systems that can be choosed or by combining existing laws. This research was conducted with a phenomenological qualitative approach to see the form of inter-legal relations that lived in the midst of the community of South Tapanuli. The findings of this study describe that at a certain level, in general, the diversity of marital law is a harmonization, in which people use two legal systems even more at the same time. But sometimes in certain situations, the legal pluralism turns into “tension”.</p><p><strong>Kata Kunci:</strong> pluralisme hukum, perkawinan, Mandailing, Tapanuli Selatan</p>

Improving legal knowledge about marriage and limitation of marriage in Integrated Islamic High Schools Al Fityan Medan

According to the central Bureau of statistical report, early marriage among the younger generation in Indonesia shows symptoms of improvement. This is a violation of marital law provisions and the potential to cause negative impacts in form of divorce and an increase in marital mortality during childbirth. To overcome these problems, it is necessary to provide additional legal knowledge to students in the form of legal counseling, question and answer, and discussion of marital law and marital age limits, as well as the donation of marriage law books. Based on the results of the evaluation, it was concluded that there was an increase in student knowledge about marital law and marital age limits, refers to the analysis of the questions asked by students in the question and answer session, as well as a summary of the results of group discussion submitted by representative of each group.

REKONSTRUKSI HUKUM PERKAWINAN DIBAWAH TANGAN DALAM PERSPEKTIF FIQH BERDASARKAN NILAI KEMASLAHATAN

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.

Saksi Wanita dalam Putusan Perceraian di Pengadilan Agama Kelas IA Kota Jambi

In examining and resolving marital disputes in divorce cases special procedural law is regulated, which is regulated in Law Number 1 of 1974 concerning marriage, Government Regulation Number 9 of 1975 concerning the implementation of Law Number 1 of 1974, Law Number 7 Year 1989 concerning the Religious Courts and Compilation of Islamic Law. Among the duties of judges in resolving divorce cases is to worry or judge whether the events or facts presented by the parties are true and this can only be done through verification. This study aims: first, to know the role and position of female witnesses for divorce cases in the Jambi City Religious Court according to Islamic law; second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to Indonesian law. Second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to the laws in Indonesia. The research method used is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives. The approach method used in this study is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives.