Pergeseran konsep kufu’ menurut masyarakat keturunan Arab

This article aims to deal with the questionsof that does the concept of kufu’ influence marriage in the circle of Muslim-Arab creoles society? Why it happens and what are the relevant factors conditioning the phenomenon of marriage? Applying sociology of law in approaching the case, this article finds that although in the Arab-Muslim tradition kufu’ (equity) which means nasab(descent) considered can guarantee and strengthen a harmonic marriage relation, understanding on the nasab concept has shifted significantly. This article argues that nasab in the context of modern society has not become a primary reference in deciding marriage.

IMPLEMENTASI HUKUM TERHADAP “PERKAWINAN BEBALU” MENURUT HUKUM ISLAM DAN HUKUM INDONESIA

The Bebalu marriage in Sembalun society is a part of tradition has happened from the past and developed to the current. Bebalu is a term for people who do divorce outside the court (non-litigation). The Bebalu closely relates to the religious law, although without leaving the roles of positive law in Indonesia. It happens due to religion dominantly believed by the people in region is Islam and it aims to respect the sacredness of the tradition. This article attempts to examine how the implementation and the legal consequences of the Bebalu. Using approach of sociology of law, this article argues that from the perspective of Islamic law the Bebalu is permissible and even legitimate. The reason is that the Bebalu fulfils the primary requirements of Islamic marriage. However, legally it cannot be accepted due to the marriage is not registered to the state. Accordingly, the divorce process of the Bebalu seems to contradict the law. The main problem of the traditional society in Sembalun as well as its marriage of Bebalu is the lack of communication about law that should be delivered by the government. It happens due to the difficult access to the region.

EKSEKUSI NAFKAH PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

This article aims to answer to important questions in legal studies that how to implement the legal execution of earning the expenses caused by divorce based on Indonesian law? And, how do the perspective of Islamic legal schools deal with the execution? There are numbers of scholarly journals studying this specific issue. However, the preliminary study that specifically focuses on the Legal Verdict of the Religious Court of Malang No. 0957/Pdt.G/2014/PA.MLG is offered by this article. It finds that legally, the judge has authority to order the ex-husband to pay the expences of the divorce compensation (mut’ah), financial responsibility due to divorce (iddah) and financial claim (madiyah) and financial childcare (hadhanah) before the divorce pledge is pronounced. If the expences cannot be paid, the ex-wife has right to purpose the legal execution to the court. Due to the purpose the chief of justice is responsible for and has authority to remind the ex-husband (aanmaning) and doing the legal execution if he disrespectly avoided the court’s order. The concept of legal expenses due to divorce is ruled by the fiqh of Islamic legal schools, in spite of the fact that the details of execution remain no any explanation. This article argues that the execution has been done referring to the law. It purposes to fulfil justice, expediency and rule of law. Furthermore, these purposes are the beginning step in order to achieve the public order (mashlahah) and the higher objective of Islamic law (maqashid al-syari’ah).

Konsep Mahar dalam Al- Quran: Suatu Tinjauan Semantik

This article examines how the meaning of s{aduqa>tdannih}lahis seen from the semantic approach The term or word used by the Koran to indicate dowryis three: fari>d}ah, uju>r,, and s{aduqa>t. However, the word s{aduqa>t. which indicates the meaning of dowry in general without any designation of time must exclude it. In addition, it is also accompanied by the word nihlah which indicates the status and purpose or function of the bride price. So this word was chosen to be studied. The word will be approached by the semantic theory of Toshihiko Izutsu. There are two meanings that are explored namely the basic meaning and relational meaning.

Ratio Decidendi Hakim dalam Kasus Asal Usul Anak

Studying conducted by the Indonesian Child Protection Commission (KPAI) depicts that illegal marriage is one of significant factors causing the neglect of children in the country. The government attempts to solve the problem through the way of isbath (the legal procedure to register a marriage in the governmental authority) and stating a legalisation of the parental origin of the children. This way is important in order to get recognition by the state and the people, as well as to save children born from illegal marriage. In fact, however – as this article finds out – not all the courts have granted the request of making legalisation of the parental origin of the children as happened in the case No. 0136 / Pdt.P / 2016 / Pa. Kab. Kdr. The judges’ decidendi ratio (legal hermeneutics) at considering the case, is implementing the Law No. 1 (1974) on Marriage, Article 3 (2) and 4. The legal decision made by the judges has had direct implications for the children such as weakening the legal standing of children, discrimination and violating the basic human rights of the children.