Journal articles on the topic 'Divorce (Islamic law) Indonesia'
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1
Toni, Agus. "Aktualisasi Hukum Perceraian Perspektif Pengadilan Agama di Indonesia." MAQASHID Jurnal Hukum Islam 1, no. 2 (September 21, 2018): 34–63. http://dx.doi.org/10.35897/maqashid.v1i2.130.
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Islamic law must be understood more broadly in the context of statehood and nationality with all the differences in cultural, sociological and geographical types. This is a form of actualizing the values of Islamic teachings so that they can be accepted by humans as a whole. Maintain the sustainability of Islam itself and take greater benefit.
As in Indonesia, with a different context from the east in various aspects such as geography, culture and social psychology of society, demanding that Islamic law be taught must have an elasticity value by leaving a form of inductive and conservative thinking structure. With a historical and philosophical understanding of Islamic law, it will bring progressive changes to the accommodative Islamic law by lokal people without going through opposition and rejection.
Therefore, Indonesia has codified Indonesian-style Islamic law in the form of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974, which are also used by the Religious Courts to decide cases including divorce. Especially if there is a movement to conduct an extension to the community and socialization of Islamic law products that are updated in Indonesia, it will certainly reduce the level of misunderstanding of the community towards divorce status. So that the classical Islamic law products that have been rooted at the level of society about when divorce is legitimate until in what context the divorce is rationally accepted and what constitutes strong constitutional evidence of divorce has been fulfilled by the rules of the Compilation of Islamic Law (KHI).
Keywords: divorce, law, Islam, Indonesia
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Wahyudi, Firman. "Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia." Al-Ahkam 32, no. 2 (October 30, 2022): 211–32. http://dx.doi.org/10.21580/ahkam.2022.32.2.11720.
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The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).
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Almeyda, Aldya Khaira, and Ahmad Khisni. "The Consequences of Divorce Law on Common Property under Marriage Law & KHI." Sultan Agung Notary Law Review 3, no. 2 (August 10, 2021): 689. http://dx.doi.org/10.30659/sanlar.3.2.569-576.
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The distribution of joint assets according to the provisions of Article 37 of Act No. 1 of 1974 concerning Marriage is not clearly stipulated how much each husband or wife is divorced, either divorced or divorced. Article 37 paragraph (1) states that if a marriage breaks up due to divorce, the joint property is regulated according to their respective laws. In the explanation of Article 37 paragraph (1), it is emphasized that the respective laws are religious law, customary law and other laws related to the distribution of the joint property. In addition to Act No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: what are the legal consequences of settling disputes on joint property according to Marriage Act No. 1 of 1974 and KHI, and what are the views of Islamic law regarding the distribution of joint assets after divorce, as well as the obstacles to the implementation of the distribution of joint assets in practice at the Salatiga Religious Court, Central Java Province.
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Maulida, Fadhilatul, and Busyro Busyro. "NAFKAH IDDAH AKIBAT TALAK BA`IN DALAM PERSPEKTIF KEADILAN GENDER (Analisis Terhadap Hukum Perkawinan Indonesia)." ALHURRIYAH: Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) 3, no. 2 (December 26, 2018): 113. http://dx.doi.org/10.30983/alhurriyah.v3i2.720.
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<p><em>Iddah is one of the obligations for a wife who is divorced by her husband, whether divorce is caused by divorce from a husband or because of a wife's lawsuit to the court (khulu '). While undergoing iddah, the wife has the right to obtain housing and living facilities, as is the case in raj'i talak. On the other hand, in the Talak Ba'in, the Islamic marriage law in Indonesia does not provide an opportunity for the wife to earn a living even though she has to undergo the same obligation, namely undergoing iddah and living in her husband's house. This is certainly not in line with gender justice that carries the equality of men and women in this life. Judging from the thoughts of the ulema of the school of thought, actually the legal thinking of Imam Abu Hanifah had first argued to give the wife the right to earn a living in divorce even though the divorce was in the form of divorce. It seems that Imam Abu Hanifah's opinion should be considered in the renewal of Islamic marriage law in Indonesia, especially in realizing justice to the women in their marriage and divorce.</em></p>
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AS, Nurfaradillah, Muh Syarif Hasyim, and Sitti Nurkhaerah. "PERCERAIAN DI LUAR PENGADILAN MENURUT TINJAUAN HUKUM ISLAM." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 1, no. 1 (December 6, 2020): 53–65. http://dx.doi.org/10.24239/comparativa.v1i1.4.
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The discussion in this research is divorce outside the court according to the study of Islamic law in Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu. The basis for this research is that divorce outside the court is contrary to the laws enacted in Indonesia, namely: Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law.So that the research will use a qualitative research approach, with the research design used is a single case study design in research. According to a review of Islamic law, divorce that occurs outside the court in Lariang Village is legal. However, when viewed in Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (positive Islamic law) this is invalid.
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van Huis, Stijn Cornelis. "Khul‘ over the longue durée: the decline of traditional fiqh-based divorce mechanisms in Indonesian legal practice." Islamic Law and Society 26, no. 1-2 (January 1, 2019): 58–82. http://dx.doi.org/10.1163/15685195-00254a05.
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AbstractIn this essay, I describe the historical development of three traditional fiqh-based divorce mechanisms in Indonesia that commonly result in a khul‘ divorce: regular khul‘ (khuluk), conditional divorce (taklik talak), and marital discord (syiqaq). In the practice of present-day Islamic courts these traditional fiqh-based divorce mechanisms have lost almost all of their former prominence. Through a historical analysis of legal practices of female-initiated divorce, I will explain how this happened. Legal reforms under the 1974 Marriage Law, their adoption into the 1991 Compilation of Islamic Law, and case law of the Supreme Court broadened women’s divorce rights significantly. The same reforms made out-of-court divorce illegal. In contrast to fiqh-based divorce mechanisms, judicial divorce on the grounds of ‘continuous and irreconcilable marital discord’ does not require the consent of the husband or the payment of compensation and has therefore become an easier and cheaper option for Indonesian women.
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Nurhadi, Nurhadi. "Illegal Divorce in Perspective of Islamic Law and Indonesian Law." al-Mawarid Jurnal Syariah dan Hukum (JSYH) 1, no. 2 (August 2019): 179–201. http://dx.doi.org/10.20885/mawarid.vol1.iss2.art5.
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Hidayat, Ilham, Yaswirman Yaswirman, and Mardenis Mardenis. "Problems Arising from Talak Divorce Outside the Court." International Journal of Multicultural and Multireligious Understanding 6, no. 10 (July 23, 2019): 138. http://dx.doi.org/10.18415/ijmmu.v6i10.919.
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The birth of the Marriage Law No. 1 of 1974, especially the breakup of marriage has led to the dualism of Islamic law in Indonesia. Regarding Divorce on the one hand, Muslims are taught in Islamic fiqh that Divorce is the right of a husband, where if a wife is mentally ill even without a witness, then the divorce falls, while the marriage law in Indonesia, including the Islamic ummah, is specifically regulated in the Law Compilation Islam, determines that divorce can only be done before a religious court after going through a trial. Moreover, two Islamic organizations in Indonesia, namely Muhammadyah and Nahdlatul Ulama have different opinions. On the one hand, NU in the 28th Congress in Yogyakarta in 1989 gave a legal decision that Divorce was the husband's prerogative which could be dropped anytime and anywhere even without reason. If the husband has dropped divorce outside the Religious Court, then the divorce is valid. While the Majlis Tarjih Muhammadiyah in his fatwa that was tried on Friday, 8 Jumadal Ula 1428 H / 25 May 2007 M gave a ruling that divorce must be carried out through a court examination process, divorce carried out outside the court was declared invalid. The views of NU and Muhammadiyah above reflect a contradiction. Therefore the Indonesian Ulema Council based on the MUI IV 2012 Fatwa gave a fatwa as a middle way to resolve these differences with its fatwa that divorce outside the legal court is valid provided there is a syar'i reason that the truth can be proven in court. Iddah Divorce is calculated since husband drops divorce and for the benefit of benefit and guarantees legal certainty, divorce outside the court must be reported (ikhbar) to the religious court. With the Normative Juridical research method, the author tries to discuss the problem, namely trying to find the problems that arise as a result of these rules and find a way out how the MUI fatwa can be applied. From the results of the study, the authors conclude that the unrecognized Divorce legality outside the court causes legal chaos due to uncertain laws for the Islamic ummah, namely in terms of when the fall of divorce and the end of the iddah period, concerning triple divorce, concerning the validity of the status of children born after the fall Divorce and concerning the validity of the second marriage and the status of the child that was born which could damage the religion and descent of the Islamic ummah in Indonesia. If Marriage is legal according to the religion, then Divorce should also be valid if carried out according to the religious law. Factors that cause divorce outside the court include economic factors, juridical factors, sociological factors and customs factors, regarding the distribution of marital assets due to divorce outside the court, in general, the community resolves issues regarding marital property in a family manner by including local ulama and traditional leaders.
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Nurjanah, Siti. "Divorce and Its Impact on Custody of Minors Using Islamic Law Perspectives." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 119. http://dx.doi.org/10.29240/jhi.v7i1.4156.
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This study aims to examine the factors that cause divorce in an Islamic country and how that affects the custody minors shares between parents from an Islamic perspective. This study focus on three main causes, adultery, economy, and the occupance gap. Furthermore, this research used interviews of 718 married couples 140 pairs are divorced in Kota Metro, a high rate of divorce region with a Muslim majority in an Islamic country (Indonesia). The results of this study show that Couples sometimes have to face problems in their domestic life, the emergence of problems in the household can be caused by many things including economic factors, and no sense of responsibility, differences in life outlook that can lead to household crises. The woman who will become a widow does not think about other people's views of her because she thinks this is her life and she is the one who goes through it all, it's just that there is guilt in her child when she has to divorce. He thinks about the impact of divorce that will arise on the psychological development of his child, he tries so that his child does not lose the love of a father.
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Rahmat, Rahmat, and Sri Indriani. "Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 1, no. 4 (December 25, 2020): 588–610. http://dx.doi.org/10.36701/bustanul.v1i4.268.
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Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.
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Sanusi, Ahmad, and Epa Nurpiah. "Praktek Perkawinan Muhallil di Padarincang Serang Provinsi Banten Indonesia." JURNAL HUKUM ISLAM 18, no. 2 (December 3, 2020): 271–91. http://dx.doi.org/10.28918/jhi.v18i2.3476.
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This paper to analyze about muhallil marriage, which is carried out as a requirement to be allowed remarry between ex-husband and ex-wife, that has been talaq bain ( divorced three times) in Padarincang District, Serang Regency, Banten Province, West Java. This juridical empirical research uses qualitative. Data collection techniques using observation, interviews and documentation studies. The analysis technique uses an interactive model. The results show that the practice of muhallil marriage in Padarincang District was different from the existing provisions, because the ex-husband had to find the penyelang to ex-wife, then agreed by paying the penyelang and limiting the time of marriage. The ex-husband also forced the penyelang to divorce his wife, so that he could immediately remarry his ex-wife without waiting for the iddah period to end. According to Islamic law, marriage is haram and illegitimate, except it is carried out in earnest by Islamic law. Based on these facts, socialization and awareness should be carried out in the community about muhallil marriage, so that there is no violation of Islamic law and positive law.
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Malikah, Umu, Dian Septiandani, and Muhammad Junaidi. "KEABSAHAN TALAK DILUAR PENGADILAN BERDASARKAN HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA." Semarang Law Review (SLR) 2, no. 2 (December 12, 2022): 246. http://dx.doi.org/10.26623/slr.v2i2.3961.
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<p align="center">ABSTRAK</p><p align="center"> </p><p align="center"> </p><p>Artikel ilmiah ini membahas membahas keabsahan talak yang dilakukan di luar pengadilan yang ada dalam dua pandangan antara hukum Islam dan hukum positif di Indonesia. Menurut hukum Fikih (Islam) perceraian dianggap jatuh hukumnya ketika seorang suami mengucapkan kata talak kepada isterinya baik secara jelas maupun kiyasan. Sedangkan menurut Undang-Undang Perkawinan dijelaskan bahwa perceraian hanya dapat dilakukan di depan Pengadilan setelah pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak dalam perspektif hukum positif ini, talak hanya dapat dilakukan di depan sidang pengadilan. Artinya, penjatuhan talak dapat dikatakan berlaku dan mempunyai kekuatan hukum ketika perceraian tersebut diputus di Pengadilan. Permasalahan yang diangkat dalam skripsi ini adalah hukum Talak di luar pengadilan berdasarkan Hukum Islam dan Hukum Positif di Indonesia, dan perbedaan pandangan empat Mazhab Syafi’i, Mazhab Hanafi, Mazhab Hambali dan Mazhab Maliki. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan perundangan-undangan dan pendekatan perbandingan. Berdasarkan penelitian yang dilakukan, dihasilkan kesimpulan bahwa talak yang dijatuhkan di luar pengadilan adalah sah menurut hukum Islam, dan beberapa pandangan para ulama sehingga perkawinannya putus sesuai dengan aturan fikih Islam. Namun perceraian tersebut tidak sah menurut hukum positif di Indonesia, sehingga di mata hukum positif perkawinannya belum putus dan hukum positif yang berlaku di Indonesia yang dijadikan sebagai pedoman terhadap putusnya perkawinan, dikarenakan akibat hukum yang ditimbulkan setelah terjadinya perceraian lebih diatur dengan jelas, sehingga kewajiban dan hak yang timbul setelah terjadinya perceraian lebih terjamin.</p><p> <strong>Kata Kunci : keabsahan Talak, Luar Pengadilan, Hukum Islam, Hukum Positif Indonesia</strong></p><p align="center"><em>ABSTRACT</em><em></em></p><p><em> </em></p><p> </p><pre><em>This thesis discusses the legitimacy of divorce which is carried out outside the court which is in two views between Islamic law and positive law in Indonesia. According to Fiqh (Islamic) law, divorce is considered legally binding when a husband pronounces the word talak to his wife both clearly and figuratively</em><em>. Meanwhile, according to the Marriage Law, it is explained that divorce can only be carried out in front of the Court after the court concerned tries and fails to reconcile the two parties in this positive legal perspective, divorce can only be done before a court session. That is, the imposition of divorce can be said to be valid and has legal force when the divorce is decided in court. The issues raised in this thesis are the divorce law outside the court based on Islamic Law and Positive Law in Indonesia, and the different views of the four Shafi'i Schools, the Hanafi School, the Hambali School and the Maliki School. This research is a normative legal research with a statutory approach and a comparative approach.</em><em></em></pre><p><em>Based on the research conducted, it is concluded that the divorce handed down out of court is legal according to Islamic law, and some views of the scholars so that the marriage broke up according to</em><em> the rules of Islamic jurisprudence. However, the divorce is not valid according to positive law in Indonesia, so that in the eyes of positive law the marriage has not been broken and the positive law that applies in Indonesia is used as a guide to the termination of marriage, because the legal consequences that arise after the divorce are more clearly regulated, so that obligations and rights that arise after the divorce is more secure.</em></p><p><strong><em>Keywords: the validity of divorce, out of court, Islamic law, Indonesian positive law</em></strong><strong><em></em></strong></p><p><em> </em></p><p><em> </em></p><p><em><br /></em></p>
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Najichah, Najichah. "IMPLIKASI INISIATIF PERCERAIAN TERHADAP HAK NAFKAH ISTRI." Journal of Islamic Studies and Humanities 5, no. 1 (December 17, 2020): 42–60. http://dx.doi.org/10.21580/jish.v5i1.6960.
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AbstractDivorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.
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Nazaruddin, Nazaruddin, Andi Rasdiyanah, Muh Saleh Ridwan, and Kurniati Kurniati. "DIVORCE DUE TO DOMESTIC VIOLENCE IN SINJAI DISTRICT (Perspective Analysis of Islamic Law)." Jurnal Diskursus Islam 9, no. 2 (August 27, 2021): 137. http://dx.doi.org/10.24252/jdi.v9i2.22862.
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The purpose of this study is to find out the various factors that cause divorce due to domestic violence in Sinjai Regency and to describe how to resolve divorce due to domestic violence in Sinjai Regency and to elaborate on how divorce due to domestic violence is from an Islamic legal perspective. This research is a qualitative descriptive field research, taking place in Sinjai Regency. The approach used is a normative theological approach, a juridical approach and a sociological approach. The data collection obtained in the field with the technique of observation, interviews / interviews and documentation. The collected data is then processed using data reduction analysis, data presentation and conclusion drawing. Furthermore, by linking one of the theories of Islamic law, namely the theory of existence and competence of religious courts, the process of resolving divorce cases due to domestic violence in Sinjai Regency, which in this case is the authorized and entitled institution in resolving it, namely the Sinjai level I religious court, goes through several stages. namely through table I, table II and table III. However, before the plaintiffs and defendants seek justice, the panel of judges first has the obligation to mediate/advise both parties, in which the panel of judges makes every effort to provide the best advice or solution to the plaintiff or defendant. And Islamic law does not legalize violence against wives. Beating a wife who does nusyuz as contained in QS al-Nisa` verse 34 should be interpreted as an act to teach a lesson / for obedience, not to hurt or even do violence. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. al-Nisa` verse 34 should be interpreted as an act to teach a lesson/to obey, not to hurt or even do violence. The beatings carried out in the case of nusyuz are basically not allowed to injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. al-Nisa` verse 34 should be interpreted as an act to teach a lesson/to obey, not to hurt or even do violence. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as the husband's nusyuz against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. The beatings carried out in the case of nusyuz basically should not injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as nusyuz of the husband against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI. The beatings carried out in the case of nusyuz are basically not allowed to injure. Meanwhile, the husband's act of hitting his wife until he is injured or the husband's violence against his wife can be declared as the husband's nusyuz against his wife. Furthermore, related to divorce due to domestic violence in Sinjai Regency which is analyzed from the perspective of Islamic law, the researcher connects one of the theories of Islamic law that applies in Indonesia to date, namely the theory of existence and competence of the Sinjai religious court which refers to the compilation of Islamic law or Islamic law. KHI.
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Nurhadi, Nurhadi. "ANALYSIS OF LAFADZ TA'LIQ TALAK IN ISLAMIC LAW PERSPECTIVE AND CIVIL LAW OF MARRIAGE/COMPILATION OF ISLAMIC LAW." Jurnal Hukum & Pembangunan 49, no. 3 (November 5, 2019): 757. http://dx.doi.org/10.21143/jhp.vol49.no3.2198.
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Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion number 3 in 1953. The purpose of the existence of sighat ta’liq is to protect the wife from the abuse of her husband, if the husband violates the wife has the right to sue the religious court (divorce). Lafadz sighat ta’liq was made referring to the regulation of the minister of religion number 2 in 1990, but the lafadz contained a new understanding of marriage and the promise of divorce. Compilation of Islamic Law (KHI) as an explanatory regulation from UUP number 1 of 1974 Article 46 paragraph 3 does not require sighat ta’liq.
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Kamarusdiana, Kamarusdiana, Burhanudin Yusuf, Maman Rahman Hakim, and Harapandi Dahri. "Pre-Marital Education: Concepts and Regulations in Indonesia and Malaysia." Al-Ahkam 32, no. 1 (April 28, 2022): 41–64. http://dx.doi.org/10.21580/ahkam.2022.32.1.10709.
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One of the most significant ways to create a happy family and minimize divorce is premarital education. Indonesia and Malaysia are two countries that have realized it and have regulated it in the regulations of their respective countries. This paper focuses on studying the concept and regulation of premarital education in these two countries. This paper uses a normative juridical approach using library research and comparative law. This study found that premarital education aims to create household happiness to avoid divorce. Indonesia regulates it in the Decree of the Director-General of Islamic Religion by implementing the Office of Religious Affairs or institutions recognized by the Ministry of Religion. Meanwhile, in Malaysia, it differed according to state regulations, such as enactment 11 of 2003 amendment of the Islamic Family Law (Negeri Sembilan) 2003 Part II of Marriage Section 16 concerning Applications for Marriage Truth and carried out by the Malaysian Islamic Progress Office. Premarital education, although both aim to create a family and minimize divorce, in Indonesia, it only provides guidelines, while in Malaysia, it is a mandatory requirement for prospective brides to get married.
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Muhajir, Muhajir. "STUDI ANALISIS PUTUSAN PENGADILAN AGAMA JAKARTA SELATAN NO. 1751/P/1989 TENTANG PERKAWINAN MELALUI TELEPON." Al-Qadha 5, no. 1 (July 1, 2019): 9–19. http://dx.doi.org/10.32505/qadha.v5i1.956.
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The legal basis of marriage law in Indonesia Constitution No. 1 of 1974 concerning Marriage and Compilation of Islamic law which is a reduction of Islamic rules regarding marriage, divorce, representation and inheritance originating from classical Islamic jurisprudence literature from various schools which are summarized and adapted to the needs of the people of Indonesia. The two legal bases regarding the marriage are expected to be a legal basis for the Indonesian people who will carry out the marriage. But in the practice of implementing marriage in the community, many new things appear that are ijtihad because there are no rules specifically set out to regulate such matters such as marriage through telephone.
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Rahmatullah, Prayudi, Faradiba Suryaningrum, and Endang Sulastri. "Children’s Protection in The Issue of Hadhanah Based on Islamic Law Perspective." Alfuad: Jurnal Sosial Keagamaan 6, no. 2 (December 13, 2022): 55. http://dx.doi.org/10.31958/jsk.v6i2.6009.
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Every year, the divorce rate in Indonesia continues to grow. Based on data released by the Central Bureau of Statistics (BPS) through the katadata database in early 2020, the divorce rate from 2015 has increased until 2019. In 2019 there were 408,202 cases of divorce. The high rate of divorce certainly has an impact on the lives of both partners, one of which is the issue of child custody or in Islam it is called hadhanah. A child who is still unable to take care of his life until adulthood must be cared for or given a decent life by their parents. Child custody is always an issue between the mother and father when they decide to divorce. Caring for and looking after children who are victims of divorce is obligatory for both parties. The research method used is qualitative normative. The result of this research is that the issue of hadhanah or child custody has been described in detail in the Compilation of Islamic Law in our country. If there is a dispute in this hadhanah issue, it can be resolved by arbitration.
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Kurniawan, Edi, Ulul Albab Fadhlan, and Illy Yanti. "Khul' Menurut Imam Syafi'i dan Imam Hanbali: Mencari Relevansinya di Indonesia." AL-HUKAMA' 10, no. 1 (November 27, 2020): 150–70. http://dx.doi.org/10.15642/alhukama.2020.10.1.150-170.
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Khul' or divorce requested by a wife is one of the causes marital termination. According to Imam Syafi'i, khul' is a divorce (talak) with an 'iddah of three menstruat cycles. In contrast, for Imam Hanbali, khul' is fasakh in which its 'iddah is one menstrual cycle and its legality does not require a judge's decision. This difference has dissimilar legal implications when it is applied in Indonesia. Therefore, this article aims to seek the both relevancies in the context of Indonesian law, especially under the Compilation of Islamic Law and the nature of the religious practice of Indonesian Muslims. After examining the relevant literature sources, this article shows that, both Imam Syafi'i and Imam Hanbali agree that khul' is like a buy-sell contract, and hence a judge's decision is not required. However these both agremeents are not relevance under the Compilation of Islamic Laws, but the Imam Hanbali's fiqh in which khul' as fasakh would be difficult to seek its relevance. Thus, the fiqh of Imam Syafi'i is more appropriate, since beside it is used as a basis for the Compilation of Islamic Laws the majority of Indonesian Muslims embrace the Syafi’i mazhab.
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Karman, Karman. "Understanding Civil Law in The Context of Contemporary Islam in Indonesia." Al-Mada: Jurnal Agama, Sosial, dan Budaya 4, no. 2 (November 22, 2021): 388–03. http://dx.doi.org/10.31538/almada.v4i2.1700.
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This article aims to better understand civil law in the context of modern Islam in Indonesia by reviewing several publications that address civil law in the context of Islam from an Islamic standpoint. This article was conducted using a qualitative method. Then, utilizing coding and assessment methods, we examined the data to understand the primary issue fully. Because the research was performed during a pandemic, government restrictions limited public mobility; we relied on secondary data. Finding civil law in an Islamic context, marriage law in an Islamic context that emphasizes an Islamic view following the state's view, how is the evidence for studying civil law in an Islamic context; including the primary law of the individual section, civil family law, and inheritance law in an Islamic context are among the highlights of our findings. We can conclude that Islamic civil law encompasses Munakahat (all aspects of marriage, divorce, and their legal consequences); Wiratsat (all aspects of heirs, heirs, inheritance, and inheritance distribution); and Mu'amalah (all aspects of material things and rights to objects, as well as human relations).
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Wardatun, Atun, and Bianca J. Smith. "Woman-Initiated Divorce and Feminist Fiqh in Indonesia: Narrating Male Acts of Nushūz in Marriage." Ulumuna 24, no. 2 (December 31, 2020): 266–95. http://dx.doi.org/10.20414/ujis.v24i2.416.
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This article examines the issue of woman-initiated divorce (cerai gugat) for the controversial reason in Indonesian Islam known as nushūz suami or a husband’s disobedience in marriage. In contrast to the Indonesian Compilation of Islamic Law which applies nushūz (disobedience) to wives only, our arguments draw on feminist jurisprudence (fiqh) to show how nushūz also applies to husbands who do not fulfill marital obligations. A husband’s nushūz is overlooked by classical scholars and Indonesian Islamic Law alike, yet when understood in a Qur’anic feminist context, it gives a depth of understanding about women’s choice to divorce as part of a wider gender justice process and the ‘gendering’ of divorce. Based on women’s post-divorce narratives about nushūz, we propose a feminist fiqh understanding of gender equality situated in tawḥīd as a concept with the potential to form egalitarian-inspired persons (muslimah reformis) and ‘essential’ and ‘true’ justice (keadilan hakiki), through reading religious texts and producing knowledge and policies that include women’s experiences and voices along with those of men’s (mubādalah).
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Alfitri. "Expanding a Formal Role for Islamic Law in the Indonesian Legal System: The Case of Mu’Amalat." Journal of Law and Religion 23, no. 1 (2007): 249–70. http://dx.doi.org/10.1017/s0748081400002666.
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Contemporary conflicts over efforts to expand the role of Islamic law in the national legal system of Indonesia are so intense that they undermine reasoned public debate about this question. They are part of a long-standing polemic, not only about the role of Shariah in Indonesia generally but about the specific question of whether the Jakarta Charter, which references obligations to obey Islamic law, should be restored as part of the Constitution. This article is an attempt to revive the neglected academic discourse on the role of Islamic jurisprudence in Indonesian law, and to move beyond the confused polemics to a thoughtful consideration of where Islamic law fits in a non-Islamic state such as Indonesia. Because Indonesia is a secular state, the Shariah as a whole is not enforced by the state, but the Shariah has a significant meaning for Muslims in Indonesia because it provides the norms distinguishing the obligatory and recommended from those actions which are neutral, disapproved and prohibited in Muslims' lives. Moreover, some elements of Islamic jurisprudence in personal law have been absorbed into positive law in Indonesia through the decisions of religious courts, which have existed since the Dutch colonialism,3 as currently regulated by Law No. 7/1989. The Compilation of Islamic Law No. 1/1991 essentially functions as the legal code for all Muslims who must resort to the religious courts for the adjudication of disputes involving marriage, divorce, inheritance and waqf. Thus, consideration of the propriety of attempts to extend Islamic law to matters of property and of contract is appropriate at this time.
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Anggraeni, RR Dewi, Dianna Primadianti, Saptaning Ruju Paminto, and Nur Rohim Yunus. "Legality of Khulu' Lawsuit for Wives in the Provisions of Legislation in Indonesia." Jurnal Ilmiah Al-Syir'ah 20, no. 1 (June 30, 2022): 34. http://dx.doi.org/10.30984/jis.v20i1.1817.
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The solution household crisis provided by the wife and accepted by the husband is known as a khulu' in Islamic law. This study examines the legal protection for a wife if the surrender of khulu' is determined and investigated. As well as the relationship between the provisions and the concept of khulu' with the position of women in marriage law which is sourced from the Compilation of Islamic Law related to Marriage Law.. It was decided to apply the research method of normative juridical research in conjunction with a statutory approach. The findings of this study indicate surrender of khulu' to the husband to divorce himself from the marriage bond is accompanied by the payment of 'iwadh', namely the payment of money or goods to the husband from the wife's side as a reward, divorce as a form of legal protection for the wife. The text states that 'iwadh is a system of legal protection given by the state to the wife who proposes khulu'.Â
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Uthlufah, Haqqiyah. "THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY." Trunojoyo Law Review 2, no. 1 (February 1, 2020): 63–78. http://dx.doi.org/10.21107/tlr.v2i1.9496.
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The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.
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Sembahulun, Faozan. "IMPLEMENTASI HUKUM TERHADAP “PERKAWINAN BEBALU” MENURUT HUKUM ISLAM DAN HUKUM INDONESIA." Ulumuddin 11, no. 1 (June 30, 2019): 73. http://dx.doi.org/10.22219/ulum.v11i1.10408.
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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.
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Azhar, Azhar, and Putri Amelia. "Perkawinan Dalam Perspektif Tasawuf." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 3, no. 2 (December 1, 2021): 290–307. http://dx.doi.org/10.47467/as.v3i2.735.
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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
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Yulisa, Ike, Muhamad Yusuf, Doli Witro, Luqyana Azmiya Putri, Mhd Rasidin, and Nurul Alamin. "Arrangement and Dynamication of Family Law Updating in Indonesia." Al-'Adl 13, no. 2 (July 24, 2020): 285. http://dx.doi.org/10.31332/aladl.v13i2.1879.
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In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.
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Yamani, Gasim, Muhammad Syarif, and Iin Magfirah. "Effectiveness of Islamic Law Compilation as Guidance at Religious Court of Palu City in Indonesia." Global Journal of Political Science and Administration 10, no. 2 (February 15, 2022): 34–43. http://dx.doi.org/10.37745/gjpsa.2013/vol10n2pp3443.
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The compilation of Islamic Law shows that there are unwritten laws in the lives of Indonesian Muslim people. Indonesian national law recognizes written and unwritten law. Therefore the compilation has Islamic law made to fill the void for Indonesian Muslims. This study aims to examine the effectiveness of the compilation of Islamic law in the religious court of Palu city in Indonesia. This research is qualitative research with a case study approach. Data has been collected through field observations and in-depth interviews with court judges and religious court officials in Palu. Furthermore, the data is presented in a matrix which is then analyzed using a thematic approach. The results of this study indicate that the use of compilations of Islamic law as a guideline in the religious courts of the city of Palu has been very effective. Since the beginning of its use on June 10, 1991, there have been many judges' decisions based on the compilation of Islamic law. Then the judges also no longer give different decisions in the same case because they already have one standard guideline. However, this research is only limited to the study of decisions related to divorce without involving cases of claims for the distribution of marital property. Future research needs to examine whether religious court decisions related to the distribution of marital property have also followed the compilation of Islamic law uniformly.
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Hendarto, Ananda Vania Putri. "Analisis Yuridis Pembagian Harta Bersama Setelah Perceraian Ditinjau dari Kompilasi Hukum Islam dan Undang-Undang Perkawinan." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 2 (July 15, 2022): 516. http://dx.doi.org/10.17977/um019v7i2p516-523.
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This study aimed to analyze the distribution of joint assets after divorce according to the Compilation of Islamic Law and Marriage Law, as well as judges' considerations regarding the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn. This study used normative juridical research with a statutory approach. The data source was from secondary legal materials—data collection techniques using literature study and analyzed by descriptive techniques. The study results indicated that the Marriage Law did not determine the amount of the distribution of joint property if the husband and wife divorced. According to Article 37 of the Marriage Law, the distribution of joint property after divorce could be based on religious law, customary law, and other laws chosen by each party. According to the Compilation of Islamic Law, the amount of the distribution of joint property after the divorce was one-half of the joint property if there was no marriage agreement. The judge adjudicated the case of the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn gave the defendant and the plaintiff the right under Indonesian laws in a fair way.
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Rohman, Adi Nur, Sugeng, and Hesti Widyaningrum. "INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE." Jurnal Hukum & Pembangunan 50, no. 2 (September 28, 2020): 361. http://dx.doi.org/10.21143/jhp.vol50.no2.2581.
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Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and the legislative approach. The research was conducted at the Bekasi Religious Court using the interview, observation and literature study methods. This study aims to analyze the conception of the rights of ex-officio judges, the basis for their consideration and the mechanism of their instruments in issuing decisions on divorce cases and their relevance to Islamic law
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Hasan, K. N. Sofyan, Ahmaturrahman Ahmaturrahman, and Sri Turatmiyah. "Efektivitas Sighat Taklik Talak Dalam Perkawinan Islam Di Indonesia." Batulis Civil Law Review 3, no. 1 (June 15, 2022): 113. http://dx.doi.org/10.47268/ballrev.v3i1.1019.
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The effectiveness of the Sighat Taklik Talak in Islamic marriage law in Indonesia, until now from the aspect of the implementation of this Sighat Taklik Talak pronunciation, after the Ijab Kabul is held in the marriage walimah, is always spoken by the husband who is heard by all the marriage aqdun assemblies. It was even signed by the bride and groom and the witnesses, so this Sighat Taklik Talak has legal consequences. However, in the implementation of taklik talak as the causes of divorce, it can be said that it is rarely used or even none at all who applies for divorce through the path or means of violating sighat taklik talak, and because there is no request from one of the parties to divorce, then the judge cannot use sighat taklik talak as the reason for the divorce because the judge is passive.
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Saparuddin, Jantan, and Maryani Maryani. "Saksi Wanita dalam Putusan Perceraian di Pengadilan Agama Kelas IA Kota Jambi." INNOVATIO: Journal for Religious Innovation Studies 16, no. 1 (June 30, 2016): 19–30. http://dx.doi.org/10.30631/innovatio.v16i1.27.
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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.
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Wasliati, Wardah, Laily Washiati, and Balqis Wasliati. "ANALISIS YURIDIS PENGARUH USIA TERHADAP TINGGINYA TINGKAT PERCERAIAN DI KOTA BATAM (STUDI PENELITIAN DI PENGADILAN AGAMA KELAS IA BATAM)." Ensiklopedia of Journal 4, no. 3 (April 14, 2022): 15–20. http://dx.doi.org/10.33559/eoj.v4i3.551.
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This journal is entitled Juridical Analysis of the Effect of Age on the High Level of Divorce in Batam City (Research Study at the Religious Court Class Ia Batam) on Jalan RE. Martadinata Number 5, Sekupang, Batam City, Riau Islands 29425, with the construction problems: What are the legal arrangements regarding filing for divorce at the Batam Class IA Religious Court?; and what are the factors behind the high divorce rate in Batam and what are the solutions to reduce the high divorce rate? The qualification/type of writing for this journal uses a normative legal writing type, which is supported by sociological/empirical legal research. To analyze some of the problems in this journal, a big theory (The Pure Theory of Law) is used. Legal positivism (positive law school) which sees the need to clearly separate law and morals (between applicable law and the law that should be), and theory (Law is Command of a Lawgiver) John Austin, namely the law is considered as a logical system, fixed and closed (closed logical system), the law is strictly separated from justice and is not based on good and bad values. Legal arrangements regarding filing for divorce in the Religious Courts refer to Law Number 1 of 1974 concerning Marriage, Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number of 1974 concerning Marriage, Law Number 32 of 1954 concerning Enforcement of Laws - Law of the Republic of Indonesia dated November 21, 1946 Number 22 of 1946 concerning Registration of Marriage, Divorce, Reconciliation in All Regions Outside Java and Madura, Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Dissemination of Compilation of Islamic Law, Law of the Republic of Indonesia Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts.Keywords: Marriage, Divorce, Age Effect.
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Nikmah, Roykhatun. "Dialektika Status Wanita dalam Pembaharuan Hukum Keluarga di Indonesia." BUANA GENDER : Jurnal Studi Gender dan Anak 5, no. 1 (December 10, 2020): 38–54. http://dx.doi.org/10.22515/bg.v5i1.3081.
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the status of women in family law became the main focus in legal reform. The reforms made must be dynamic and flexible in the face of changes in the socio-cultural context of society. The purpose of reform in addition to raising the status of women in the relationship between husband and wife also aims to provide legal certainty. Marriage Law and the Compilation of Islamic Law as the basis for resolving matters within the Court must continue to adapt to the social shift of society and the demands of social change so as not to lose its function as a social operator. To see the change in the status of women before the existence of Law Number 1 of 1974 and also KHI then the approach used is a historical approach. The juridical approach is used to see how the rules in Law No. 1/1974 and KHI apply to adapt to the demands of society change. The focus of juridical studies on the age limit of marriage, polygamy and divorce. Determination of the age limit of marriage has changed from 16 years of age for girls to 19 years. There is a change in article 7 paragraph (1) so that women and men have a passion for the right to education, health and constitutional rights. While the rules of Indonesian polygamy are not completely prohibited but the court provides strict conditions to do, while the rules of divorce for women have the right to file for divorce if the husband violates talaq ta’liq and commits the causes of divorce.
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Noor Athief, Fauzul Hanif, and Resti Hedi Juwanti. "Court decisions on post-divorce children’s livelihood: Islamic law analysis on their practices in Indonesia and Malaysia." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 20, no. 2 (December 29, 2020): 151–73. http://dx.doi.org/10.18326/ijtihad.v20i2.151-173.
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A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.
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Khosyi’ah, Siah. "Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 1 (February 22, 2018): 35–48. http://dx.doi.org/10.24090/mnh.v11i1.1266.
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The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.
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Mulyawan, Fitra, Kiki Yulinda, and Dora Tiara. "POLITIK HUKUM DALAM BIDANG HUKUM KELUARGA ISLAM DI INDONESIA." Ensiklopedia Sosial Review 3, no. 2 (June 13, 2021): 111–22. http://dx.doi.org/10.33559/esr.v3i2.764.
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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.
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Rais, Isnawati. "The Settlement of Joint Property in Religious Courts of Indonesia (A Case in the Religious Court of South Jakarta)." AL-'ADALAH 15, no. 2 (January 24, 2019): 234. http://dx.doi.org/10.24042/adalah.v15i2.2484.
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The settlement of joint property, after husbands and wives divorced, is a crucial issue in the Religious Courts of Indonesia. According to the provisions of the Islamic Law Compilation (KHI) and Marriage Law No. 1/1974, a joint property should be divided equally if done peacefully. This research analyzes the joint property settlement after divorce in the Religious Court of South Jakarta and compares it with a number of cases in other similar institutions. This study finds out that the rules as stipulated both in the KHI and Marriage Law No. 1/1974, was not rigidly applied by the judges. Instead, the judges at the Religious Court of South Jakarta took a flexible and casuistic solution for the disputes over the sharing of joint property between divorced couples. The settlement methods used by the judges vary, depending on the case that occurs empirically. The peaceful settlement was also pursued by the Religious Court of South Jakarta, although in general, it was unsuccessful.
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Putri, Merlin, and Shafra Shafra. "People's Understanding of the Off-Court Talak (Case Study in Nagari Koto Tuo, IV Nagari District, the Sijunjung Regency)." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 7, no. 1 (July 1, 2021): 99–118. http://dx.doi.org/10.24952/fitrah.v7i1.3374.
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This study describes the understanding of the people of Nagari Koto Tuo, IV Nagari District, The Sijunjung Regency about divorce (talak) outside the Religious Court. Ideally, with the enactment of Law No. I of 1974 on marriage, talak should be decided in the Religious Court. However, this ideal procedure does not apply effectively in Nagari Kuto Tuo. Although the local settlement is not distant to the local Religious Court and the access for transportation is easy, many husbands recklessly decide to divorce their wives at home during the dispute between them without registering their lawsuits to the court. The purpose of this study is to lower the off-court divorce rate and raise legal awareness of the public about the importance of following the prevailing regulation regarding divorce in Indonesia. This is important because divorces decided without statutory procedures have adverse impacts, especially for women and children. This study uses a qualitative approach, with the divorced wives being the subject of the study. The data collection techniques include observation, interviews and documentation. Data validity techniques follow the triangulation method, whereas data analysis is performed through the following steps: data collection, data reduction, data presentation and conclusion drawing. This study found that the understanding of the people in Nagari Koto Tou about divorce is shaped by classical Islamic jurisprudence (fiqh) that posits husband to have the absolute right to divorce. With this absolute right, husbands can decide to divorce their wives whenever and wherever they want without being bothered to consider registering it formally to the local Religious Court. The divorced wives are left in despair without any power to defend her right. This provision on divorce is considered indisputable let alone contested. As a consequence, this off-court divorce generally leaves women traumatized, making many of them unwilling to get another marriage. This trauma partly contributes to the number of off-court marriages, for they do not see its importance. Legal certainty obtained from the court's verdict of divorce as recorded by the divorce certificate is deemed unnecessary, for they would not remarry in the future
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Ahmad Fauzi and Syamsul A'dlom. "SAKSI TALAK MENURUT IM?M AL-SY?FI’?" MAQASHID Jurnal Hukum Islam 2, no. 2 (August 27, 2019): 32–54. http://dx.doi.org/10.35897/maqashid.v2i2.193.
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Scholars differ about the necessity of witnesses in divorce. There are those who oblige, say the Sunnah, and while others say that divorce does not need a witness. These differences stem from an understanding of related sacred texts that are also diverse. In addition, those with their opinions hold their own logic.
In Indonesia itself, the witness' obligation is regulated in positive Islamic law or KHI. Divorce must be resolved through the Religious Courts. This means that the existence of witnesses in the divorce process in Indonesia is a necessity, as a form of efforts to protect the rights of all related parties.
Imam al-Shafi'i in his magnum opus, al-Umm, said that witnesses in divorce and reconciliation were the same as the position of witnesses in the sale and purchase agreement or other trade transactions that were highly recommended for the benefit of the people.
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Nizar, Muchamad Coirun. "The Religious Court's Decisions on Divorce: A Maqāṣid Sharīʿa Perspective." Ulumuna 24, no. 2 (January 19, 2021): 398–416. http://dx.doi.org/10.20414/ujis.v24i2.408.
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Maqāṣid sharīʿa is considered as a theory that can be applied to analyze the objectives of Islamic law. One of the developments of Islamic law in Indonesia, and in the Muslim world in general, is concerned with religious courts’ decision made by judges. This study analyzes court decisions from the maqāṣid sharīʿa perspective. This qualitative study focused on the divorce cases from the religious court of Salatiga district, Central Java. Twenty percent of the cases in 2017 were proportionally selected. This study shows that there were various reasons of divorce, ranging from constant quarrels to spousal negligence. The other reason was conversion, where one couple left Islam. The court decisions on those divorce cases suggest that the judges attempt to uphold the principles of maqāṣid sharīʿa, such as the preservation of life, descendant, asset and religion. Depending on the respective case, the judges may grant the petition if it will give a greater benefit to the parties concerned that does not contrary to the maqāṣid sharīʿa.
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Ulumuddin, Thoriq, M. Habibi, and Riyanton Riyanton. "KESESUAIAN FIQIH TALAK SYI’AH IMAMIYYAH DENGAN ATURAN PERKAWINAN DI INDONESIA." Asy-Syari'ah 23, no. 2 (September 2, 2022): 245–60. http://dx.doi.org/10.15575/as.v23i2.12109.
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Abstract: Although Muslims in Indonesia adhere to the Sunni ideology, the Compilation of Islamic Law (KHI), inaugurated through Presidential Instruction No. 1 of 1991, does not fully quote the opinions of the scholars from the al-Arba'ah School. For example, the provisions in Articles 115, 129, 130 and 134 require a divorce to be carried out before the court. This provision is not found explicitly in the view of the Madzhab al-Arba'ah. Therefore, many religious institutions and Islamic community organizations issue fatwas regarding divorce outside the court, including the Shia Imamiyyah group. This study aims to compare the concept of fiqh talak in the Shia Imamiyyah with the concept of talak in the Compilation of Islamic Law. This study uses qualitative research with a statutory approach and a comparative approach with library research methods. The results show fundamental similarities and differences between the two concepts. For divorce before the court, there are similarities where Shia Imamiyyah Fiqh requires that the divorce must be witnessed by two people who are fair, mature and reasonable. The KHI arrangement for divorce before the court does not doubt its validity and conformity with Islamic Shari'a because it was taken based on the results of the Ijtihad 'Ulama in Indonesia. The regulation's purpose is to protect women's rights and dignity against bad treatment from men who can impose unilateral divorce.Abstrak: Meskipun muslim di Indonesia menganut paham sunni, namun Kompilasi Hukum Islam (KHI) yang diresmikan melalui Inpres No. 1 Tahun 1991 tidak sepenuhnya menukil pendapat para ulama dari Madzhab al-Arba’ah tersebut. Sebut saja ketentuandalam Pasal 115, 129, 130 dan 134 yang mengharuskan talak dilakukan di hadapan pengadilan. Ketentuan tersebut tidak ditemukan dalam pandangan Madzhab al-Arba’ah. Oleh karena itu, banyak lembaga keagamaan maupun organisasi masyarakat Islam mengeluarkan fatwa akan jatuhnya talak di luar pengadilan, termasuk termasuk golongan Syi’ah ImamiyyahPenelitian ini bertujuan untuk membandingkan konsep fiqih talak pada Syi’ah Imamiyyah dengan konsep talak dalam Kompilasi Hukum Islamserta kesesuaiannya dengan aturan perkawinan di Indonesia. Penelitian ini menggunakan penelitian kualitatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan komparatif (comparative approach) dengan metode penelitian kepustakaan (library research). Hasil penelitian menunjukkan bahwa terdapat banyak kesamaan dan perbedaan yang mendasar di antara kedua konsep tersebut. Untuk perceraian di hadapan pengadilan, ditemukan persamaan dengan Fiqih Syi’ah Imamiyyah yang memiliki persyaratan bahwa perceraian harus disaksikan oleh dua orang yang adil, dewasa dan berakal. Pengaturan KHI atas perceraian di depan pengadilan tidak diragukan lagi keabsahanya dan sesuai dengan Syariat Islam karena diambil berdasarkan hasil Ijtihad ‘Ulama di Indonesia. Tujuan aturan tersebut tidak lain adalah untuk melindungi hak dan martabat kaum wanita atas perlakuan buruk dari laki-laki yang dapat menjatuhkan talak secara sepihak.
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Paisal, Paisal, and Pirza Adzkia. "Legal Construction of Isbat Talak According to the Fatwa of the Indonesian Ulema Council." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 19, no. 2 (December 31, 2021): 125–36. http://dx.doi.org/10.32694/qst.v19i2.1084.
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This article presents a discussion of the legal construction of divorce ratification in religious courts, or what can be termed isbat talak, because the norm regarding the ratification of talak does not yet exist, although it has been voiced by various groups, including the Indonesian Ulema Council through the fatwa commission. There are two main points to be discussed in this article. First, regarding the MUI fatwa framework regarding the ratification of divorce. Second, regarding the construction of ratification of divorce in religious courts. This study uses a qualitative approach with data collection techniques in documentation. The data sources were obtained from the ijtima' results of the MUI Fatwa Commission throughout Indonesia in 2012, the Marriage Law, and the Compilation of Islamic Law. This study shows that the MUI recommendation for divorce outside the court to be recognized as valid by the religious court is in order to find a middle way from debates between groups that rely solely on fiqh and the camp that relies solely on the laws and regulations. The ratification of divorce can basically be done through legal construction by judges with an analogous approach, namely equating the isbat of divorce with the isbat of marriage.
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Putri, Kurnia Dwi, Adinda Dian Eka Saputri, Nurul Firdausi, and Luthfia Chairun Nisa. "Analisis Yuridis Perceraian Luar Pengadilan di Desa Nyormanis Kecamatan Blega Kabupaten Bangkalan Madura." AL-HUKAMA' 9, no. 2 (March 27, 2019): 433–58. http://dx.doi.org/10.15642/alhukama.2019.9.2.433-458.
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Law in Indonesian has regulated the procedures for marriage, divorce, and reconciliation in Law No. 1 of 1974 concerning Marriage. And also stated in Law No. 22 of 1946 concerning the Recording of Divorce and Referrals. From the explanation contained in the positive law, it can be seen that the meaning of divorce is the breaking of the marriage ties of a married couple as a result of the failure to carry out the marriage due to several things such as death and court decisions. Divorce in law of Indonesian must be announced before the court. The pronouncement of divorce before the court is a mandate from article 115 of the Compilation of Islamic Law (KHI) which reads “Divorce can only be conducted in front of a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties.” But in fact, there are still many Indonesian people who do divorce not before the court. Divorce which is done outside the court is very negative, especially for the wife. Divorce is done only by word alone without going through a pledge in front of the court, then the state does not want to recognize the divorce, so that if the wife wants to remarry with another person, then it cannot be done because the wife does not have an official divorce certificate from the court.
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Umar, Masyithah. "Marriage and Divorce: How the Two Manifest within the Banjarise Community in Indonesia." Journal of Social Sciences Research, no. 63 (March 24, 2020): 245–51. http://dx.doi.org/10.32861/jssr.63.245.251.
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Currently, divorce rate in most big cities of Indonesia display an alarming trajectory that warrants close examination of the factors leading to it. With Islamic religious courts presiding over most of the divorce cases, which account for the largest portion of all legal cases in the country, this study examines the causal factors of divorce particularly in Bajarmasin city in South Kalimantan province. The study uses a qualitative research method. Data was collected through interviews, observations, and documentation study techniques. Findings indicate that there is little and sometimes no public awareness and understanding of the legal procedure of settling marriage deputes as many skip other available services like the Marriage and Divorce Advisory Board and directly seek divorce rulings from religious courts. It has also been established that domestic violence, secret marriages (Siri), early marriages and infidelity among other factors, are the main causes of the divorce. It has been established most of the couples seeking divorce ignore or are either ignorant about the roles and existence of the Marriage and Divorce Advisory Board which is formality tasked with the role counseling marriages couples with varying disputes and grievances. It is concluded that public awareness of proper channels and procedures of settling marriage disputes, women empowerment, increasing and promoting girl child education, strengthening family incomes, legal counseling on marriage law and a brief orientation on the dangers / impacts of secretary and early marriages could in the long-run curb the rampant divorce rates in the country and of course in Banjarmasin.
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Kasim, Nur Mohamad, and Trubus Semiaji. "Divorce Cases in Members of Indonesian Police Force: A Positive Law Perspective." Jurnal Ilmiah Al-Syir'ah 20, no. 1 (June 30, 2022): 91. http://dx.doi.org/10.30984/jis.v20i1.1793.
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This research aims to analyse the factors of divorce in members of a police force, the impacts, and alternatives offered by the court judge to overcome divorce problems from a positive law perspective, the juridical-sociological method. The study took place in the coverage area of Court in Gorontalo, Suwawa, and Limboto. Further, the present work applied a case approach and statute approach. The data from primary and secondary sources were collected from the literature study and field research. The results showed that the factors of divorce comprise: prolonged quarrelling, cheating, economic problems, and domestic violence. The divorce cases lead to several problems that impact the married couple, their children, and their shared wealth. Referring to the Islamic Law perspective, the court Judge provides several alternatives to optimise mediation as dispute settlement before divorce as a last resort. Moreover, the Judge provides post-divorce alternatives to ensure that the ex-husband gives the iddah and mut'ah allowances to his ex-wife and that the ex-husband still supports the children's development.Â
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Trigiyatno, Ali, and Sutrisno Sutrisno. "Dharar as a Reason for Divorce Lawsuit in Fiqh and Legislation of Some Muslim Countries: Study on Indonesia, Bahrain, Sudan, Qatar, and Morocco." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 205. http://dx.doi.org/10.29240/jhi.v7i1.3368.
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This paper aims to explain dharar as a reason for divorce in the legislation of five Muslim countries, namely Indonesia, Bahrain, Sudan, Qatar, and Morocco. The five countries were chosen with consideration of representing the Sunni Islamic School and one Shia Islamic School. The approach used is a normative approach combined with a comparative method of the law. Primary legal materials are acts and other legislation relevant to the topic of discussion. The results show that the five countries equally provide room for divorce for the wife if she is experiencing dharar, the judge or hakam is obliged to reconcile the two disputing spouses, dharar includes physical and psychological, and the accusation must be proven using evidence generally applicable in procedural law. As for the difference, only Indonesia emphasizes cruelty and physical abuse, while other countries are general. Morocco is the most complete in regulating dharar as a reason for divorce and has several specifics such as violating the marriage agreement which is categorized as dharar. Morocco also regulates compensation due to ḍarar suffered by the wife, while the other four countries do not discuss it in their family law.TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian // TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//
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Mubarok, Nafi'. "Living Law dan ‘Urf sebagai Sumber Hukum Positif di Indonesia." ISLAMICA: Jurnal Studi Keislaman 11, no. 1 (September 1, 2016): 135. http://dx.doi.org/10.15642/islamica.2016.11.1.23-46.
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This article deals with the issue of living law and ‘urf as the sources of positive law in Indonesia. The existence of living law and ‘urf (habits which are normally and consistently conducted by members of society) are acknow-ledged in Indonesian legal system. In fact, the theory of living law and ‘urf have been adopted as legal reasoning for many laws or bills, such as the law number 23/2014 on local government and the law number 21/2008 on Shariah banking. It can bee seen that many legal decisions by courts judges also have their sources from living laws, such as what deals with criminal sanction, female reciepient of inheritance, the validaty of a merriage. Many legal decisions by court judges also adopt the ‘urf, such as the amount of money for ‘iddah (waiting time before marriage after divorce), the validity of eloping (kawin lari), shared property in marriage.
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January Nasya Ayu Taduri, Fairus Augustina Rachmawati, and Dian Latifani. "Implementation of Children's Rights Execution In The Perspective of Civil And Islamic Law." YURISDIKSI : Jurnal Wacana Hukum dan Sains 17, no. 3 (December 20, 2021): 217–28. http://dx.doi.org/10.55173/yurisdiksi.v17i3.108.
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Divorce or the breaking up of a marriage between husband and wife through a court decision has legal consequences for both parties' rights and obligations, including children. In Indonesia, cases that are often problematic in divorce cases are the failure to achieve the execution of decisions, especially in the context of the right to support the wife and children and child custody. However, in this paper, the author is interested in examining more deeply the obstacles that occur in implementing the execution of child custody decisions that are seen from several legal perspectives, including the compilation of Islamic law, the Marriage Law, the Child Protection Law, and the regulation of the execution process of decisions. in Herziene Inlandsch Reglement (HIR). The legal research method used is Normative Law with a statutory approach or called the statute approach. This paper also uses secondary legal data sources, such as: scientific journals, books, related laws and regulations. The purpose of this paper is to provide solutions related to the obstacles that occur in the implementation of decisions on the execution of child custody rights, which until now often occur and still provide polemics both in society and within the scope of religious and state courts.
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Fadllurrohman, Fadllurrohman. "Islamic Law Criticism of Mental Disabilities Marriage." Eduvest - Journal of Universal Studies 2, no. 11 (November 26, 2022): 2485–504. http://dx.doi.org/10.36418/eduvest.v2i11.665.
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Marriage is the most useful and most important way in effort realize and maintain honor, because with this marriage somebody can awake from what Allah has forbidden. People with disabilities disability as normal human beings who are also blessed desire sexual naturally have desire for tie self in bond marriage . As for goals from study dissertation this is for knowing in a manner in application: Marriage Law For disabled Mental disabilities according to Law No. 8 of 2016, fulfillment obligation wife or husband disabled internal mental disability marriage, implementation marriage disabled mental disability according to the Marriage Law in Indonesia, Review of Islamic Law concerning marriage disabled mental disability. Method research used in writing dissertation this is study library (library research). technique deep data collection study this conducted through studies documentation about marriage disabled originating mental disability from books, articles, magazines, letters news, or source literature other, which later taken conclusion based on these data. kindly general religion of Islam is not once forbid the marriage that took place between disabled mentally handicapped p this remember the goal base marriage that is as means distribute desire sexual with good and true as well as as institution preventive happening wickedness and adultery. However, clan disability in Thing marriage not yet fully protected because they are very risky or susceptible to divorce.