MARGINALISASI PEREMPUAN DALAM PERKAWINAN (TELAAH ATAS NIKAH SIRRI DAN NIKAH ANAK DI BAWA USIA PERSPEKTIF HUKUM ISLAM)

Marginalization of women in marriage is an issue that always invites debate among Islamic law thinkers, given the ever-changing social conditions of society so that the laws and regulations governing marital problems underwent the first amendment in 2019. This paper focuses on how the position of women in unregistered marriages and child marriages in Islamic law perspective. With a normative approach and legal sociology, this paper confirms a conclusion that the position of women in unregistered marriages and child marriages is very vulnerable to obtaining legal certainty and justice. Even though it is said that child marriage in under age, the original law is permissible according to Islamic law, but it does not mean that it is absolutely permissible for all women in all circumstances. Because in some women there are several conditions that indicate that it is better for her not to marry at an early age. Likewise, unregistered marriages are legally valid according to Islamic law because they have fulfilled the requirements and pillars of marriage, but have not received recognition from the state which results in legal uncertainty for the status of marriage and children born from the marriage. Therefore, Indonesia as a state of law, regulates matters relating to this matter. Namely by requiring the registring of every marriage held and amending the articles of legislation governing the provisions of the age of marriage in order to ensure legal protection and benefit for the parties bound in a marriage bond, especially for wives and children born from marriages. Abstrak Marginalisasi perempuan dalam perkawinan merupakan isu yang selalu mengundang perdebatan di kalangan pemikir hukum Islam, mengingat kondisi sosial masyarakat yang selalu berubah sehingga peraturan perundang-undangan yang mengatur masalah perkawinan mengalami amandemen pertama pada tahun 2019. Tulisan ini fokus pada bagaimana kedudukan perempuan dalam nikah sirri dan nikah anak di bawah usia dalam perspektif hukum Islam. Dengan pendekatan normativitas dan sosiologi hukum tulisan ini menegaskan suatu kesimpulan bahwa kedudukan perempuan dalam perkawinan sirri dan perkawinan anak di bawah usia sangatlah rentan untuk memperoleh kepastian dan keadilan hukum. Sekalipun dikatakan bahwa perkawinan anak di bawah usia, hukum asalnya diperbolehkan menurut syariat Islam, tetapi tidak berarti ia di bolehkan secara mutlak bagi semua perempuan dalam semua keadaan. Sebab pada sebagian perempuan terdapat beberapa kondisi yang menunjukkan bahwa lebih baik ia tidak menikah pada usia dini. Begitupun dengan nikah sirri yang hukumnya sah menurut syariat Islam karena telah memenuhi syarat-syarat dan rukun nikah, akan tetapi tidak memperoleh pengakuan dari negara yang mengakibatkan ketidakpastian hukum bagi status perkawinan dan anak yang lahir dari perkawinan tersebut. Oleh karenanya Indonesia sebagai negara hukum, mengatur hal-hal yang berkaitan dengan hal ini. Yaitu dengan mengharuskan pencatatan terhadap setiap perkawinan yang diselenggarakan serta mengamandemen pasal-pasal peraturan perundang-undangan yang mengatur tentang ketentuan umur perkawinan guna menjamin perlindungan hukum dan kemaslahatan bagi pihak-pihak yang terikat dalam suatu ikatan perkawinan, khususnya bagi istri dan anak yang lahir dari perkawinan tersebut.

Putusnya Perkawinan dan Akibatnya dalam Fikih Munakahat (Studi Analisis Undang-Undang Nomor 1 Tahun 1974 Pasal 38-41)

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.

Implicit Ambivalence: A Driving Force to Improve Relationship Problems

Implicit ambivalence involves holding strong positive and negative implicit evaluations toward the same object. This state is common in close relationships because even the most satisfying partnerships involve in conflicts and other frustrating experiences that can be explained away through effortful motivated reasoning yet remain in memory as mental representations involving the partner. In fact, it appears normative for implicit measures of partner attitudes to reveal implicit ambivalence. Despite being common, however, little is known about the consequences of implicit ambivalence. The present longitudinal investigation provides initial evidence that implicit ambivalence can motivate relationship improvements. Across two studies of newlywed couples ( N = 448 individuals), multilevel dyadic modeling revealed that higher implicit ambivalence was associated with higher motivation to make efforts to improve current marital problems, which predicted reduced marital-problems severity reported by the partner and increased marital satisfaction reported by both spouses 4 months later.

Divorce problems Divorce from a man does not occur except in court model

"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia."

Married Couples’ Perception of the Excessive Use of SocialMedia and its Impact on Marital Problems in Saudi Arabia

This study explores married couples’ perception of the effects of using social media on marital relationships in Saudi Arabian society. The study discusses the growing use of social media, the common applications used, the reasons why married couples use social media, and the potential marital problems caused by the excessive use of social media. These issues are explored through the viewpoints of married couples living in Saudi Arabia. An online-based questionnaire was used to collect data, and the data sample comprised 1,226 married Saudi citizens; 55.7% male and 44.3% female. The data was analyzed using SPSS. The results show that the use of social media is common among married couples in Saudi Arabia, and that the majority use social media excessively. WhatsApp, Twitter, Instagram, and Snapchat are the most common applications used. The study also finds that married couples use social media for a number of different purposes, including communicating with family and friends, keeping up to date with celebrity and social media influencers’ news, as well as sharing photos and videos with others. Finally, spouses think that their partner’s excessive use of social media can cause marital problems, including the feelings of jealousy, the neglect of family responsibilities, the weakening of interpersonal communication, and the feelings of mistrust. Keywords: Social Media, Excessive Use of Social Media, and Marital Problems.

Kedewasaan Usia Perkawinan Perspektif Hadis Nabi Muhammad dengan Pendekatan Interkoneksitas Maslahah

Indonesian Muslims have not maximally applied maturity of marriage age as an important aspect in obtaining marital success. Apart from the concept of maturity of diverse marriage age, divorces and many marital problems based on the immaturity of a married couple still rife in Indonesia. The government has even issued regulations related to the age of marriage through Law number 1 of 1974 that was revised by Law number 16 of 2019, which stipulates that marriage is limited to a minimum age of 19 years for the two brides. This article aims to find the concept of quality-oriented marriage age to complement the quantity-oriented idea as applied by the Indonesian government and as understood differently by Muslims based on the opinions of the scholars (‘ulamā). This article abstracts the concept of the ideal age of marriage from the instructions of the Prophet Muhammad PBUH as the primary reference of Islamic teachings by discussing the hadīth using the ma‘ānī al-ḥadīṡ analysis with three interpretation techniques namely textual, intertextual, and contextual interpretation to obtain comprehensive meaning. The results of the examination show that the hadīth requires the criteria for the maturity of the marriage age in the form of religious, physical, financial, and social maturity. These qualitative criteria fulfill the element of maqāṣid al-syarī‘ah and are interconnected so that they should be actualized as a new basis in the formulation of policies related to the maturity of marriage age in Muslim societies.

THE PROBLEMS OF THE KHI ON ARTICLE 7 ABOUT THE MARRIAGE ISBAT IN A RELIGIOUS COURT

Abstrak: Sebelum melangsungkan perklawinan, terdapat beberapa rukun dan syarat yang mesti dipenuhi yang telah ditetapkan oleh undang-undang. Salah satunya adalah pencatatan perkawinan. Syarat tersebut bertujuan untuk memberikan kepastian dan pengakuan hukum bahwa sebuah perkawinan pernah terjadi. Akan tetapi pada kenyataannya masih banyak perkawinan tidak dicatat atau didaftarkan pada pegawai pencatat perkawinan yang berwenang. Pengadilan Agama selaku pelaksanan kekuasaan kehakiman dalam menangani masalah perkawinan dibutuhkan kejelian dalam menyelesaikan permasalahan tersebut. Penelitian ini bertujuan untuk mengenalisis pelaksanaan pasal 7 dalam KHI di Pengadilan agama tentang isbat nikah daln melihat penyebab sehingga terjadi isbat nikah. Dengan menggunakan pendekatan sosiologis dan yuridis, hasil dari penelitian ini bahwa masih banyak terjadi perkawinan bawah tangan yang dijumpai di pengadilan agama. Hal demikian terjadi karena berbagai faktor. Olehnya itu dibutuhkan kejelian pengadilan agama dalam menagani perkara tersebut dan dibutuhkan kehadiran Negara agar menyelesaikan sehingga praktik perkawinan tersebut tidak terjadi lagi.Kata kunci: Perkawinan, isbat nikah, Pengadilan Agama Abstract: Before entering into a marriage, there are several pillars and conditions that must be fiilfulled which have been stipulated by law. One of them is marriage registration. These requirements are to provide legal certainty and recognition that a marriage has occurred. However, in reality there are still many marriages that are not recorded or registered with the authorized marriage registrar. The Religious Court as the exercise of judicial power in handling marital problems requires carefulness to resolve these problems. This study aims to analyze the implementation of article 7 the KHI in the religious court regarding the isbat of marriage and to see the causes that lead to marriage isbat. By using a sociological and juridical approach, the results of this study show that there are still many under-handed marriages that are found in religious courts. The type marriage happened because of various factors. Therefore, religious courts need to be careful in handling these cases and the presence, help of the State is needed to resolve it so that the practice of marriage does not occur again.Keywords: Marriage, isbat, religious courts.

A pathway to negative acculturation: marital maladjustment mediates the relationship between the length of residency and depressive symptoms in immigrant women in Taiwan

Background Immigrant women in Taiwan experience a variety of acculturative and marital problems that result in a mental-health problems. We examined the mediational effect of marital adjustment on the relationship between acculturation and depressive symptoms in immigrant women in Taiwan. Methods All participants (N = 127) were interviewed to collect data regarding their basic sociodemographics, depressive symptoms, acculturation (using language proficiency and years in Taiwan as indicators), and marital adjustment. We used a Sobel test to examine how marital adjustment mediates the relationship between acculturation and depressive symptoms. Results Our results indicated that an increased length of residency exacerbated depressive symptoms (β = 0.62, p = 0.03) and that this relationship contributed, in part, to the mediational effect of marital adjustment. That is, marital adjustment deteriorated with the length of residency (β = − 0.26, p = 0.0013), resulting in the development of depressive symptoms (β = − 0.95, p = 0.0013). Conclusion Although the duration of residency may be useful as a proxy for acculturation in the assessment of some health outcomes, our findings imply that it is better to conceptualize it as a cumulative stress when considering the mental health of immigrant women. Marital maladjustment acts as a mediator in this relationship. As such, it is important to provide immigrant families with programs and resources to assist them in adapting to their marriages and to improve the mental health of immigrant women.