Perkawinan Dalam Perspektif Tasawuf

This dissertation discusses Marriage in the perspective of Sufism (Study of analysis of Legislation on Marriage in Indonesia). This is done considering the high divorce rate in Indonesia even though the legislation regarding marriage has been made quite a lot by the government and even the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law have long been enacted. The purpose of this study is to find out why Islamic marriage regulations and legislation in Indonesia have not been able to stem the flow of divorce and family disharmony, and what solutions can be offered in minimizing divorce in Indonesia, as well as how to establish marriage law with the Sufism approach. The process of collecting data is done by means of library research (Library Research). The reading material is described and analyzed using qualitative methods so that the causes of the high divorce rate in Indonesia are found. After the discussion, two main problems were found, namely formal problems and non-formal problems. Formal problems are problems that are related to the rules and regulations of marriage itself. While non-formal problems are problems that arise from the personal members of each family. To overcome problems related to formal problems, the solution offered is the need to review several articles in the Marriage Law Number 1 of 1974 and need to revive the functions of the Marriage Advisory Counseling and Conservation Agency (BP4) as before the Marriage Law Number 1 year 1974. Meanwhile, to overcome problems related to non-formal problems, it is necessary to give Sufism teachings to the bride and groom who are delivered when they attend bride and groom courses organized by the Ministry of Religion throughout Indonesia. In order to establish marriage law with the Sufism approach, the connection between Sufism values and laws in the frame of benefit is needed. For this reason, the values of Sufism such as warak and zuhud and qonaah and so on need to be developed and integrated in connection with marriage law. The interconnection of the values of Sufism with marriage law is needed in numbers to minimize the divorce rate in Indonesia. Keywords: Marriage law, Sufism

The Islamic Law of Marriage and Inheritance in Kenya

Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

URDU: نکاح کی اہمیّت ،فضائل و اقسام اور جدید مسائل ، تعلیمات نبویّہ کی روشنی میں

Marriage is a contract between two mature and responsible individuals. Nikha is the most significant part of Islamic marriage ceremony. It is an agreement between husband and wife in form of contract. It has been clearly mentioned in the Holy Quran and in Hadith. Sex is a need of every human species. In order to differentiate between human beings and animals, Islam has presented the marriage contract in a form of nikha to legalize sex for Muslims. In the sphere of life, husband and wife are like two wheels of a cart in which they share equal rights and responsibilities. The Holy Quran has clearly stated these rights and responsibilities which are given to both these genders. If a woman wants to terminate her nikha or if she wishes to get separated from her husband, she has given the right of Khula just like the male who has the right to dissolve his marriage by giving divorce.

A COMPARATIVE STUDY ON MAGUINDANAON TRADITIONAL MARRIAGE AND ISLAMIC MARRIAGE SYSTEM

This study aimed to find out the Comparison of the Maguindanaon Traditional Marriage and the Islamic form of Marriage. Specifically, the study seeks to find out the Socio-demographic profile of the respondents in terms of age, sex, Marital Status and educational attainment. The Requisites of the Maguindanaon Traditional form of Marriage and the Requisites of Islamic forms of Marriage are identified in this study. Also, the factors to a successful marriage in terms of Cultural / familial, Economic, Spiritual factor and the difference between the Maguindanaon Marriage and that of the Islamic Marriage system are the focused of this study. This study made use of expost facto research design particularly descriptive ethnographic in approach. This study was conducted in the thirty four barangays of municipality of Datu Odin Sinsuat, Maguindanao. The respondents of this study were individuals who have sufficient information on Traditional Marriage of the Maguindanaon and Islamic form of Marriage. There were 200 respondents for the entire municipality. 100 respondents are those members of the Al-Hiqma organization, and one hundred (100) respondents were from Maguindanaon local folk who had sufficient information about Maguindanaon traditional marriage, and used the simple random sampling procedures. A survey questionnaire was used for the respondents who can read and write and for the respondents who have no knowledge on reading and writing used interview method. Based on the findings of the study, the beliefs and practices of the Maguindanaon in terms of marriage were handed to them by their forefathers through series of generations down to present. These beliefs and practices were counted as legacies of the past that remained a living heritage of the present generations. The Maguindanaon tradition on marriage is still primitive in many aspects like the negotiation of third parties, imposition of dowry, man’s servitude to his in-laws and many of the rituals of the past are still seen in the present time. Education, both Islamic and Western have influenced the marriage practices of some Maguindanaons in the urban society as some of their marriage ceremony are held in hotels and restaurants. The augmentation of the materialistic nature of maguindanaon traditional marriage has been maintained and increased due to the devaluation of the Philippine currencies. Key words: Comparative Study, Maguindanaon, Traditional Marriage, Islamic Marriage System

Penyuluhan Pra Nikah Dalam Perspektif Islam Sebagai Upaya Meningkatkan Pengetahuan Tentang Pernikahan Islam

Perceraian di NTB makin meningkat diakibatkan maraknya pernikahan dibawah umur (19 tahun kebawah), kurangnya pemahaman tentang hal-hal yang harus persiapkan sebelum melakukan pernikahan. kondisi ini menjadi dasar melakukan pengabdian dengan tujuan meningkatkan pengetahuan dan pemahaman tentang pernikahan islam melalui kegitan penyuluhan Pra Nikah dalam perspektif Islam. Mitra dalam kegitan ini adalah masyarakat desa Gelogor kabupaten Lombok Barat yang berjumlah 20 orang. Metode pelaksanaan dengan ceramah, diskusi dan tanya jawab. Langkah-langkah kegitan perencanaa, tindakan, dan evalusi. Hasil pre test pemahaman mitra tentang pra nikah dalam Perspektif Islam mendapatkan nilai rata-rata 50 dan hasil posttest rata-rata 90 dengan rata-rata peningkatan 33%. Ini menunjukkan bahwa kegiatan penyuluhan memberikan dampak pada peningkatan pemahaman dan pengetahuan mitra. Meskipun terjadi peningkatan dan pemahaman mitra masih perlu dilakukan sosialisasi dan pempingan secara berkelanjutan. Pre-Marriage Counseling is an Islamic Perspective as an Effort to Increase Knowledge About Islamic Marriage Divorce in NTB may increase due to the prevalence of underage marriages (19 years and under), lack of understanding of the things that must be prepared before marriage. This condition becomes the basis for doing service with the aim of increasing knowledge and understanding of Islamic marriage through Pre-Marriage counseling activities from an Islamic perspective. Partners in this activity are the Gelogor village community, West Lombok district, totaling 20 people. The implementation method is lecture, discussion, and question and answer. The steps of planning, action, and evaluation activities. The results of the pre-test of partners' understanding of premarital marriage in the Islamic perspective got an average score of 50 and the posttest results averaged 90 with an average increase of 33%. This shows that the extension activities have an impact on increasing the understanding and knowledge of partners. Although there is an increase and understanding of partners, it is still necessary to carry out socialization and mentoring on an ongoing basis.

POLITIK HUKUM DALAM BIDANG HUKUM KELUARGA ISLAM DI INDONESIA

In Indonesia, religion and state are two different entities, and each has its own autonomy, where there is an area that is completely “belonging to” religion, the state cannot enter it and there is also an area that is fully the competence of the state, so religion is not can participate in it. So that the formation of laws will reflect the configuration of power and political interests. In the actualization of political power and interests, sometimes there is a clash between the interests of fragmatism and those that are permanent and in favor of the benefit of mankind. This means that the interests of ideological values that live and develop in society can be configured with the interests of political power fragmatism. Therefore, first, the legislative program for several aspects of the modernization of Islamic family law politics in Indonesia, namely starting with the history of legislation on marriage in Indonesia, one of which is the Dutch East Indies Government circulating the Draft Ordinance on Registered Marriage, which includes the principle of monogamy and the prohibition of imposing divorce out of court. Then from the point of view of the meaning of the ideal law, the presence of KHI is a series of historical national laws that can reveal the various meanings of the life of the Indonesian Muslim community. Second, before the birth of Law no. 1 of 1974 in Indonesia various marriage laws apply for various groups of citizens and various regions. in the Indieche Staats Regeling (ISR), namely the Indian constitutional regulations. After independence, the Indonesian government has established a number of Islamic marriage regulations. Among them are Law Number 22 Year 1946 concerning Registration of Marriage, Divorce and Reconciliation.

4. Family law

‘Family law’ focuses on Islamic family law, the two main aspects of which are: marriage and the dissolution of marriage. Marriage by mutual contract (al-nikāh) is the only lawful type of marriage under Islamic law, with rules regulating its validity and consequences. The two main categories of requirements for the validity of an Islamic marriage are: prerequisites and essential components of the marriage contract. The questions of maintenance, polygamy, and stipulations are vital topics for family law. Under classical Islamic law, a marriage may be dissolved either through (i) unilateral dissolution initiated by the husband (talāq), (ii) dissolution initiated by the wife (khulʻ), (iii) dissolution by mutual agreement (mubāraʻah), or (iv) judicial dissolution (faskh).

Studi Komparasi Pemikiran Elly Risman dan Konsep Perkawinan Islam dalam Pola Ketahanan Keluarga untuk Mencegah Kenakalan Remaja

Family resilience consists of three things, namely physical, social, and psychological resilience. So, the application of this resilience pattern will lead to interactions between family members, so that happiness or family crises can emerge, such as juvenile delinquency. Thus the researcher is interested in comparing Elly Risman's thoughts and the concept of Islamic marriage. The focus of the studies examined in this article are: 1) What is the Pattern of Family Resilience to Prevent Juvenile Delinquency According to Elly Risman? 2) What is the pattern of family resilience to prevent juvenile delinquency according to the concept of an Islamic marriage? 3) How is the comparison between Elly Risman's thoughts and the concept of Islamic marriage in the pattern of family resilience to prevent juvenile delinquency? In this study, the authors took normative legal research. Based on the results and conclusions of research conducted by researchers, among others: 1) the concept of family resilience according to Elly Risman includes tips for being able to adapt and survive, factors of weakening family resilience, the impact of weakening family resilience, and efforts to maintain the family. 2) the concept of family resilience according to Islamic marriage includes the urgency of having a family, family goals, family wisdom, rights and obligations of family members, factors needed in family resilience as well as managing conflict and building family resilience. 3) The comparison of Elly Risman's thoughts and the concept of Islamic marriage in family resilience includes, Elly Risman's view on family resilience puts forward feelings that have an impact on psychology and family resilience that will have an impact on children's growth. Elly Risman also revealed the important role of parents in childcare. Whereas in the concept of Islamic marriage, it includes considering the purpose of having a family, prioritizing the rights and obligations of family members, and paying attention to equality.