Kebolehan Pernikahan Beda Agama menurut Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

This study aims to determine the legal provisions of interfaith marriage, both according to Law Number 1 of 1974 concerning Marriage and according to the Islamic Law Compilation. The study used a content analysis method by comparing the legal provisions of interfaith marriage according to the two legal sources. The results showed that interfaith marriage according to Law Number 1 of 1974 concerning Marriage was actually prohibited, in accordance with Article 2 paragraph (1) and Article 8 letter (f) of Law No.1 of 1974. Interfaith marriage is also prohibited according to the Legal Compilation Islam according to articles 40 to 44 and article 61 that marriage is prohibited

Hukum Hibah ‘Umra menurut Imam Malik dan Kitab Undang-Undang Hukum Perdata Pasal 1666

In the Shari'at Islam has taught its people to help each other in terms of virtue. The attitude of giving is a good deed, because helping can alleviate the economic pain of that person or another. With an attitude of giving or receiving someone's gift, a sense of unity and brotherhood will be created within the framework of religious harmony. This is manifested by the practice of a gift that helps someone who is in distress and gets the benefits of the item that has been donated. In this case the grant is ownership of the goods that have been granted (control of the goods) and can take advantage of the goods. The problem is whether or not it is permissible to withdraw an 'umra grant that has been given to someone, so that it will cause enmity and break the ties between them. Then how is the 'umra grant law' according to the Ulama, Imam Malik, and in the Civil Code Article 1666. It is used as a study by the author to carry out research and find out the purpose of the research. This study uses qualitative methods that produce descriptive data in the form of written or spoken words from people or observed behavior and this type of qualitative descriptive research uses a content analysis approach. The results of this research can be concluded as follows: general understanding of 'umra' that the return of 'umra after the person who is given dies is vanity. Therefore, with regard to the issue of 'umra, there will be permanent ownership for the person who is given' umra. Imam Malik is of the opinion that the 'umra grant is still valid, and the property returns to the owner of the property, but if the requirements are stated in the name of the offspring, then after the offspring is cut off the property will return to the owner of the property. The opinion of Imam Malik regarding the ability to do the'umra grant is based on the aspect of its benefits only and is qiyasyed like ariyah. And the most important thing in this case is the element of the benefits of the gift items and the first contract at the time of handing over the grant whether to mention for you and your children and grandchildren not What is needed is a witness so as not to cause fraud, to minimize any suspicions and disputes in the future. Based on Article 1666, in principle, a grant given by one person to another cannot be withdrawn or canceled, except in cases as regulated in Article 1688 of the Civil Law..

Praktek Nikah Paksa di Desa Cibeureum Kabupaten Ciamis

This research is motivated by the low knowledge about the importance of involving children in choosing a partner for themselves and determining their readiness for marriage, both mental and material readiness. And to inform the public that marriage on the basis of coercion is included in domestic violence. The research method used is the field research method, in which this research focuses on the results of data collection from predetermined informants. While the data collection techniques used were interviews, observation and documentation. After conducting the research, the results obtained were parents who forcibly married their children to reduce their burden materially and responsibly. Because children who are already married they consider it no longer their responsibility

Pendapat Syaikh Nizhamuddin Al-Balkhi dalam Kitab Fatawa Al-Hindiyyah tentang Ittishal antara Ijab dan Kabul Akad Nikah

Marriage is considered valid if it has fulfilled the terms and conditions of marriage. Among the pillars of marriage are the consent and kabul. Based on the law of origin, the ulama agreed that the consent came from the bride, while the Kabul came from the groom. However, in the matter of ittishal between the consent and the marriage contract, the scholars have different opinions. If there is no ittishal between the consent and the marriage ceremony, then the contract is still considered valid while it is still focused on the contract procession and not for a long time. The objectives of the research are, (1) knowing and analyzing the opinion of Shaykh Nizhamuddin Al-Balkhi about ittishal between consent and kabul in the marriage contract, (2) knowing the basis of the legal arguments used by Shaykh Nizhamuddin Al-Balkhi regarding ittishal between consent and kabul in the marriage contract, and (3) knowing the ijtihad method used in his istimbath al-hukminya. In this thesis research the writer uses qualitative research methods, namely research methods that produce descriptive data in the form of words or written utterances from people or observed behavior. This type of research is a research library. The results showed, 1) The law of ittishal between consent and the marriage of marriage according to Shaykh Nizhamuddin Al-Balkhi in the fatawa al-hindiyyah book that ittishal between ijab and kabul nikah is only fi majlisin wahidin. The ittishal of the marriage contract that is valid in Indonesia is regulated in the Islamic Law Compilation (KHI) in article 27: consent and kabul between the guardian and the prospective groom must be clear in sequence and not intermittent. 2) The legal basis used by Shaykh Nizhamuddin Al-Balkhi in the matter of ittishal between consent and kabul akad nikah, namely the hadith of the Prophet narrated by Abu Dawud. 3) The ijtihad method used by Shaykh Nizhamuddin Al-Balkhi is qiyas. Shaykh Nizhamuddin al-Balkhi confirmed that the marriage contract was one majlis but did not work with the marriage contract that was represented and in a different place with the condition that there must still be witnesses.

Peran Bimbingan Pranikah melalui Badan Penasihatan Pembinaan dan Pelestarian Perkawinan (BP4) di Cijeungjing Ciamis

Everyone who enters the gate of married life through marriage certainly wants the creation of a family or a happy, prosperous, and spiritual home and to obtain the salvation of life in the world and later in life. From this happy, prosperous family will come to be a harmonious, peaceful and just society of material and spiritual prosperity. This family and community life is the goal and goal of national development. In order for these ideals and goals to be carried out with the best, then the husband and wife who play a major role in creating a happy family prosperous, need to increase knowledge or education about how to foster family life in accordance with religious guidance and the provision of community life, expected every family member especially the husband and wife able to create the stability of household life filled with tranquility and peace.

Hukum Pernikahan Beda Agama menurut Ulama Indonesia

Marriage is one of the Sunnatullah which generally applies to all creatures of God, both in humans, animals, and plants. By doing a marriage someone will be protected from the temptations of Satan, both temptations from eyesight and genitals or lust. As the Messenger of Allah has ordered us to marry the person we like by giving them several considerations including his property, his beauty, his offspring, and especially in considering his religious problems. In the modern era, there are now many interfaith marriage practices, especially in Indonesia. With such problems, it is necessary to take legal conclusions relating to interfaith marriages.

Kesaksian Non Muslim dalam Perkara Perceraian menurut Pendapat Hakim di Pengadilan Agama Bandung

Islamic law one of the requirements to be a witness is Islam, but the Procedural Law of Religious Courts does not regulate the Islam of a witness. Terms of Islam are getting responses from various parties, especially the judges. The judge has his own opinion about the witness who must be Muslim, and that is different as formulated by the scholars. The issue of non-Muslim testimony in the case of divorce of judge opinion on the testimony of non-Muslims so that their testimony is accepted and declared valid as Islamic law which refers to Law no. 7 since 1989, since the enactment of the Law, the Procedural Law of Religious Courts is allowed to apply the procedural law applicable in the General Courts as the Law of the Program, namely HIR and R.Bg.

Pendapat Imam Syafi’i tentang Hak Ijbar Wali: Suatu Kajian Berperspektif Gender

One result of the still limited understanding of the community in understanding the rights of ijbar wali is that the culture of forced marriage is still rooted. Ijbar rights should be interpreted as a form of protection or responsibility of a father towards his child. Because the condition of the child who is considered not yet or does not have the ability to act alone in marriage, it is even understood as a tool to legitimize the actions of parents to force their children to marry or marry their children with their choice, not their children's choice. This is because there are differences in Ulama and Ijbar rights which are also debated especially when faced with contemporary issues such as gender.

Pernikahan Usia Dini dan Dampak Perceraian di Pedesaan

Early marriage is an ancient issue that was covered by a pile of historical sheets. Weddings are done at an early age may end up with a divorce in the age of marriage that is still very young as well. Marriage at an early age where a person is not ready either mentally or physically, often creates problems, later on, not even a bit of a mess in the middle of the road, and eventually ends up with a divorce. Cases of marriage minors who then ended up with divorce to date are still many in the encounter in Indonesia, both in remote villages and in areas that have grown even in big cities. From here the author is interested to examine the phenomenon of early marriage in the Village Ciodolog Cidolog District Ciamis.

Poligami dalam Perspektif Tafsir Modern Al-Manar

Married is the sunnah of the prophet, although the law of marriage alone for Muslims is determined by its purpose, marriage can be obligatory, sunnah, mubah, even haram is basically adjusted by human intention to get married. The complexity of human life raises several problems in marriage. Among them is the debate about polygamy that has happened so far, which has seized the attention of Muslims, because polygamy is associated with Islamic culture even the sunnah of the prophet. Historically the practice of polygamy has existed since pre-Islamic times. Many figures gave views on polygamy from various aspects related to women.