Journal articles on the topic 'Marriage'
To see the other types of publications on this topic, follow the link: Marriage.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Marriage.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Yakin, Muhammad Khusnul. "RATIO DECIDENDI PENETAPAN PENGESAHAN (ITSBAT) NIKAH DI PENGADILAN AGAMA." Yuridika 30, no. 2 (August 23, 2017): 254. http://dx.doi.org/10.20473/ydk.v30i2.4655.
Full textAbstract:
Phenomena that occur in society marriage only refers to the Islamic religious law met the requirements and harmonious marriaege, so it can be said only based on article 2, paragraph (1) of Constitution Number 1 of 1974 on Mariage, lawful religion also means lawful state, but their marriage is not based on article 2, paragraph (2) provisions on orders registration of marriage, known as a marriage under the hand. Marriage Constitution set is limited to marriages performed before the law was enacted, but the religious court based on legal considerans accept and grant approval under the hand of marriage to marriage after the Marriage Constitution enacted by basing on the Compilation of Islamic Law article 7, paragraph 3.
2
Wazzan, Rifqi Kurnia, Thohir Luth, Hanif Nur Widhiyanti, and Rachmi Sulistyarini. "Itsbat Nikah: Legalizing marriage outside the record in Indonesia." International Review of Social Sciences Research 4, no. 2 (May 9, 2024): 29–45. http://dx.doi.org/10.53378/353057.
Full textAbstract:
This study focuses on the legal impact of marriage registration in the context of itsbat marriages in religious courts, particularly for marriages that occurred after 1974 without an official certificate and were not registered in the compilation of Islamic law (KHI). It aims to evaluate the itsbat marriage as a legal mechanism for recognizing marriages that are not officially registered. Normative analysis, a philosophical and analytical approach, serves as the research method, reviewing the relevant legal framework and court practice in handling divorce cases. The results showed that unregistered marriages after 1974 can be legally recognised through the itsbat nikah procedure. The Article 7, Paragraph 3, letter KHI, outlines the necessary conditions. With this procedure, spouses can receive written evidence of their marriage’s legality in the form of a marriage certificate, which is then registered by the official Religious Affairs office. This study emphasizes the importance of marriage registration for legal certainty and protection of individual rights, and highlights how itsbat nikah plays a critical role in addressing the problem of marriage without official registration.
3
Rismantika, Dinada Junia, Djanuardi Djanuardi, and Rai Mantili. "Itsbat Nikah terhadap Perkawinan di Bawah Umur tanpa Dispensasi Kawin Ditinjau dari Undang-Undang Perkawinan dan Hukum Islam." Syntax Idea 4, no. 10 (October 21, 2022): 1447–62. http://dx.doi.org/10.46799/syntax-idea.v4i10.1927.
Full textAbstract:
The Marriage Law stipulates that marriages that occur must be recorded by an authorized official. If you have not registered your marriage, you can apply to the Religious Courts for Muslims. The Marriage Law stipulates the age requirement for marriage as one of the requirements for marriage. Underage marriages to be carried out must obtain dispensation permission from the Court. Marriages are often carried out under the hands without regard to the terms of the marriage. For example, the application for itsbat marriage against underage marriages without a marriage dispensation that occurs in the Religious Courts. The purpose of this study was to determine and analyze the validity and legal consequences of itsbat marriage on underage marriages without a marriage dispensation in terms of Marriage Law and Islamic Law. This study uses a normative juridical approach with analytical descriptive specifications. The data collection technique used is by conducting library research and field studies through interviews with related sources. The analytical method used is juridical qualitative. The absence of a marriage dispensation does not affect the validity of an underage marriage. Underage marriages without a marriage dispensation can be legalized in the Religious Courts by taking into account the conditions for itsbat marriage. Underage marriages without a marriage dispensation that have been legalized in the Religious Courts will have the same legal consequences as marriages in general. The marital status will have permanent legal force as evidenced by obtaining a Marriage Certificate Quotation
4
Prasetyo, Budi, Edy Sanjaya, and Indira Hastuti. "Marriage Law Perspective Against Underage Marriage." International Journal of Educational Research & Social Sciences 3, no. 1 (February 20, 2022): 518–24. http://dx.doi.org/10.51601/ijersc.v3i1.304.
Full textAbstract:
Underage marriages have been happening in Indonesia for a long time, especially in rural communities that are categorized as not yet advanced in their level of education, economy, or because of the local community's traditions. From the perspective of the Marriage Law, this is contrary to the provisions of Article 7 paragraph (1) of Law Number 16 of 2019 and is contrary to the purpose of marriage is to form an eternal family based on God Almighty. Early marriage in adolescents impacts the physical aspect and psychological impact on the perpetrators. The research method is empirical juridical research. The research specification in this study is descriptive-analytical. The study results show that the existence of underage marriages, this indicates that Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementing Regulations of Law Number 1 of 1974, is less effective. Given the existence of underage marriages, many divorces occur because the marriages are carried out by children who are still underage, so they have not been able to carry out the purpose of marriage fully.
5
Agustini, Sri. "PELAKSANAAN ISBAD NIKAH DAN DISPENSASI NIKAH DI KOTA PADANG." Ensiklopedia Sosial Review 3, no. 1 (February 21, 2021): 53–57. http://dx.doi.org/10.33559/esr.v3i1.677.
Full textAbstract:
Marriage is a marriage bond (contract) carried out in accordance with the provisions of Islamic law and teachings. Meanwhile, marriage is a marriage ceremony that is identified with the consent and kabul process. Literally, marriage is a sacred bond and is carried out by a combination of religious and state regulations. In order for the marriage bond to have legal certainty administratively, the marriage has been regulated in law. With the enactment of these rules, marriages that are not in accordance with the law cause their own problems in society. Especially about unregistered marriages and early marriage or marriages by minors.
6
Al-Hakami, Husain, and Kenneth McLaughlin. "Debatable Marriages: Marriage and Child Marriage in Saudi Arabia." Marriage & Family Review 52, no. 7 (February 24, 2016): 654–64. http://dx.doi.org/10.1080/01494929.2016.1157119.
Full text
7
Umar, Yunus I. M. "Kelalaian Pencatatan Nikah Pada Perkawinan di Bawah Umur di Kabupaten Gorontalo." Al-Mizan 15, no. 2 (December 1, 2019): 316–41. http://dx.doi.org/10.30603/am.v15i2.1395.
Full textAbstract:
Marriage registration is important in marriages in Indonesia because it can have legal consequences for those who carry out marriages. This study discusses the form of negligence of marriage registration in underage marriages in Gorontalo District and the legal consequences that occur due to negligence of marriage registration in age marriages in Gorontalo Regency. This research is a field research with a juridical and sociological approach. The collection of data in the form of observations at the study site, interviews with employees of the Office of Religious Affairs, parents and underage marriages with 182 respondents, as well as literature review. The results showed: First, the form of negligence in the registration of marriages in Gorontalo Regency, namely the negligence of parents, the negligence of children and the negligence of marriage registration officers; Second, due to the legal consequences caused by negligence in registering underage marriages in Gorontalo District, namely the legality of child marriages, divorce is easy, rejection of marriage dispensation, repeating the marriage contract and marriage without the presence of government officials.
8
Lumingkewas, Jitha. "The Consequences of Contract Marriage Law on the Position of Wives, Children, and Wealth in the Perspective of Islamic Law." Damhil Law Journal 2, no. 2 (November 30, 2022): 112. http://dx.doi.org/10.56591/dlj.v2i2.1744.
Full textAbstract:
<p align="justify">This article discusses the highest factors that hinder the settlement of property disputes. The legal status of contract marriages according to Islamic law, a marriage is said to be valid if it meets the requirements for a valid marriage and is carried out according to religion and belief, this is based on Article 2 of Law Number 1 of 1974 and Article 4 Islamic Law Compilation. Or in other words marriage is legal according to Islamic law if it fulfills the marriage requirements. The legal status of contract marriages in an unregistered marriage when viewed from Law Number 1 of 1974 concerning marriages does not have permanent law, because contract marriages are a form of marriage that is not registered so that it cannot be proven by an authentic certificate in the form of a marriage certificate. In this writing, the author uses a normative research method in which this method is a legal research method that is carried out by examining library materials or secondary data. Legal arrangements for contract marriages (mutah marriage) in the perspective of the Marriage Law are illegal marriages and have no legal force, as a result the contract marriage law for the position of wife and children is that the wife must carry out all obligations as a wife and child status. who was born illegitimate, because the marriage of his parents was not recorded in a legal marriage. If the marriage ends in a contractual marriage, there is no distribution of assets, even though assets were produced during the marriage. In addition, there is no inheritance right from the contract wife to the contract husband.</p>
9
Broyde, Michael J., and Rachel M. Peltzer. "Rethinking Religious Marriages When Done Without Any Civil Marriage: Non‐Marriage, Neo‐Marriage, Marriage, or Something Else?" Family Court Review 58, no. 4 (September 21, 2020): 992–1021. http://dx.doi.org/10.1111/fcre.12532.
Full text
10
Hasibuan, Zulfan Ependi. "Asas Persetujuan Dalam Perkawinan Menurut Hukum Islam: Menelaah Penyebab Terjadinya Kawin Paksa." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 5, no. 2 (April 26, 2020): 198–211. http://dx.doi.org/10.24952/el-qonuniy.v5i2.2138.
Full textAbstract:
A perfect marriage is a marriage that meets the terms and conditions, and upholds the principles of marriage. A perfect marriage will be realized in a sakinah, mawaddah and rahmah family. However, the phenomenon of forced marriages is considered to be able to reduce the harmony in marriage and even destroy the values of the principle of marriage, especially the principle of agreement from both parties to be married. Forced marriages occur because one party or both parties who are about to get married do not approve of the marriage being held. Then it is necessary to study specifically about the factors of forced marriages
11
Solehah, Solehah, Faisal Faisal, and Elidar Sari. "The Role Of Marriage Registration Employees At The Religious Affairs Office In Minimizing Underage Marriage To Realize The Sakinah Family (Research Study In Kua, Gunung Meriah District)." Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 2 (December 27, 2022): 00047. http://dx.doi.org/10.29103/micolls.v2i.121.
Full textAbstract:
This study aims to identify and understand the role of Marriage Registrar Employees in minimizing underage marriages in Gunung Meriah District and also to find out and understand the obstacles and efforts of Marriage Registrars in minimizing underage marriages in realizing a sakinah family. Underage marriage is a marriage carried out where one of the prospective partners or both of them has not reached the age of maturity or has not met the age requirements that have been determined by Law Number 16 of 2019 concerning Marriage in Article 7 paragraph (1) it is stated "Marriage is only permitted if men and women have reached the age of 19 years. This problem is interesting to study about the role of Marriage Registrar Employees in minimizing underage marriages in Gunung Meriah District and the obstacles and efforts of Marriage Registrars in minimizing underage marriages to create a sakinah family. This type of research is qualitative. Qualitative is the result of research that produces descriptive data. Descriptive data is data stated by respondents in writing or verbally as well as real behavior carried out through direct observation using a juridical-empirical approach, namely data obtained directly from the field. Data were obtained through library research and field research. The results showed that the role of the Marriage Registrar in minimizing underage marriages was to increase the administrative procedures for checking files strictly for couples who were registering marriages and collaborating with village officials in conducting socialization of Article 7 paragraph (1) regarding the age limit for marriage. Obstacles for marriage registrar employees in minimizing underage marriages are the lack of public understanding about the regulation of marriage age in article 7 paragraph (1) and the location of the residence that is difficult to reach. The solution for the Marriage Registrar is to conduct socialization and counseling about the age limit for marriage, conduct marriage guidance for prospective brides and provide guidance for sakinah families.
12
Rifqi, Muhammad Jazil. "Perlindungan Hukum terhadap Anak dalam Nikah Siri." Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam 23, no. 2 (December 19, 2020): 382–99. http://dx.doi.org/10.15642/alqanun.2020.23.2.382-399.
Full textAbstract:
Married couples must meet religious and state law. In Islamic law, marriages must be fulfilled, the harmony of the marriage, the bride and groom, prospective guardians, marriage, two people, consent and Kabul, while state law, needs to be added validity, marriage, must be in accordance with applicable law. However, not a few marriages in areas that carry out their marriages are only based on religious law and customary law, without involving Marriage Registrar to improve this marriage by considering siri marriages that increase returns to desired husbands and children. Civil rights are not guaranteed at the time of marriage to a siri marriage because the child will not obtain citizenship status, and the child only has a civil relationship with the mother and related family, which basically requires the cost of child care.
13
SURYA, I. KADEK ADI. "AKIBAT HUKUM KEDUDUKAN ANAK DALAM PERNIKAHAN SIRI DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN." GANEC SWARA 17, no. 3 (September 2, 2023): 770. http://dx.doi.org/10.35327/gara.v17i3.510.
Full textAbstract:
The goal to be achieved in this research is to find out the legal consequences of the position of children in unregistered marriages according to Islamic Law and the Marriage Law. To understand the concept of unregistered marriage according to Islamic Law and the Marriage Law. In this study the authors used the normative juridical writing method, namely legal research conducted using statutory regulations.According to Islamic law, an unregistered marriage is considered valid because a marriage that meets the pillars and conditions of marriage will be considered valid. Siri marriages are considered invalid according to the Marriage Law, because they refer to the provisions of Article 2 paragraph (2) of the Marriage Law regarding registration of marriages. From the provisions of this article, it can be seen that the Marriage Law focuses on the validity of marriage on two elements, namely; Marriage must be carried out in accordance with the conditions and procedures determined by law (state law) and religious law. This means that unregistered marriages that are carried out only by complying with religious law are not valid from the point of view of state law.For the legal status of children from unregistered marriages, according to Islamic law, they are considered legitimate children according to religion, because the child was born in or as a result of a legal marriage. According to the Marriage Law, the status of the child is the same as a child out of wedlock and cannot be said to be a child in a legal marriage, therefore the child does not have a birth certificate. As a result, legally the child has no right to claim support, inheritance or guardianship rights from his father. However, children from unregistered marriages can obtain their rights in accordance with Constitutional Court decision Number 46/PUU-VIII/2010 as long as they can prove it.
14
Zakaria, Endang, and Muhammad Saad. "Nikah Sirri Menurut Hukum Islam Dan Hukum Positif." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 20, no. 2 (October 9, 2021): 249–64. http://dx.doi.org/10.15408/kordinat.v20i2.21933.
Full textAbstract:
Islamic law defines marriage as an absolute obligation to follow Allah's command and carry it out as worship and represents a very strong bond. In the context of unregistered marriage, it can be defined as “a form of marriage based on religious law or custom, as well as one that is not announced to a crowd and is not registered with the marriage registry”. This paper discusses literacy in Islamic law and positive law on unregistered marriages. Positive law studies on unregistered marriages are carried out on the essence of the Law of the Republic of Indonesia and Government Regulations. According to Indonesian law, sirri marriage is a marriage that is not based on the principle of legality. In Islam, the study of unregistered marriage was based on Qur’an and hadith. This means that it is not legally binding. A marriage that is in accordance with the pillars and conditions of marriage is valid under Islamic law, as are marriages performed in sirri marriages, as defined in Indonesian law.
15
Jacob, Yessy Kenny. "Marriage counseling: A Pastoral guidance for contract married couples in Motoring Satu Village, Motoling District, South Minahasa Regency." International journal of social sciences and humanities 7, no. 2 (August 17, 2023): 153–60. http://dx.doi.org/10.53730/ijssh.v7n2.14505.
Full textAbstract:
The author grew up and was nurtured in Motoring Village, with its Christian population encompassing Protestant and Catholic believers. The community was tightly knit, upheld by robust kinship bonds, and upheld values of mutual support, "gotong-royong," and respect. The community encountered personal, familial, and societal challenges despite their mature and deep-rooted faith. The contentious issue of contract marriages arose, causing strife among the villagers. The Motoling villagers firmly believed contract marriages to be religiously and legally unlawful. However, instances persisted where contract marriages were established, typically lasting two years, especially involving men from the Philippines already married and women from Motoling. Despite the upheaval caused, these marriages proceeded. Recognizing the necessity, the church offered pastoral counseling, mainly targeting the couples involved, to prevent such occurrences in the future. Employing a literature review and conducting interviews with the contract marriage couple in Motoling Satu, the study highlighted the significance of pastoral guidance for contract marriage couples. The counseling aimed to imbue these couples with a comprehensive understanding of marriage's true essence and bolster their faith, enabling them to navigate challenges successfully. Interviews revealed that love united the contract marriage couple, although economic circumstances also played a role.
16
Sidiqah, Meliyani. "LEGAL VACUUM IN INTERFAITH MARRIAGE RULES IN INDONESIA." IBLAM LAW REVIEW 3, no. 1 (January 30, 2023): 99–110. http://dx.doi.org/10.52249/ilr.v3i1.119.
Full textAbstract:
The legal vacuum regarding the rules of interfaith marriage was not something new. However, this matter has not been resolved by the Government of Indonesia. After the Marriage Law’s promulgation, the rules of interfaith marriages "disappeared", even though before the promulgation of the Marriage Law, interfaith marriages were regulated clearly and firmly. The phenomenon of interfaith marriage in society which was very difficult to avoid was an essential point of concern for the state to accommodate the rules regarding interfaith marriages. This article discussed the phenomenon of interfaith marriages in Indonesia and the legal rules of interfaith marriages before and after the promulgation of the Marriage Law. This article was the result of normative juridical research using the statutory approach method. The data used was secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials, which were collected from the literature and then analysed using qualitative analysis methods. Based on the research results, many Indonesian people still carry out interfaith marriages in Indonesia, and the rules of interfaith marriages formulated in the Marriage Law are inadequate. The Indonesian government must accommodate interfaith marriage arrangements in order to provide legal certainty to all people.
17
Julian, Christopher A., Wendy D. Manning, Krista K. Westrick-Payne, and Lisa Carlson. "Prepandemic and Pandemic Marriages among Same-Sex and Different-Sex Couples." Socius: Sociological Research for a Dynamic World 8 (January 2022): 237802312211359. http://dx.doi.org/10.1177/23780231221135968.
Full textAbstract:
Most states experienced declines in marriages during the pandemic, with variation across states. Given that marriages to same-sex couples make up a small share of total marriages, these trends are overwhelmingly representative of marriages of different-sex couples. To test if the decline observed among marriages of different-sex couples is also observed among marriages of same-sex couples, the authors calculated ratios (2020 marriage count divided by 2019 marriage count) for 13 states, disaggregating marriages of same- and different-sex couples. The 13 states selected were the only states in which same-sex marriage administrative data were available. The results reveal disparate effects of the pandemic on marriage counts for same-sex and different-sex couples. For 11 of the states examined, marriages of same-sex couples either did not decline or declined less than marriages of different-sex couples. Further investigation is warranted as more state-level data on same-sex marriage become available.
18
IBRAHIM, FARHANA. "Cross-Border Intimacies: Marriage, migration, and citizenship in western India." Modern Asian Studies 52, no. 5 (June 21, 2018): 1664–91. http://dx.doi.org/10.1017/s0026749x16000810.
Full textAbstract:
AbstractThis article examines intersections between sexuality, migration, and citizenship in the context of cross-border and cross-region marriage migration in Kutch, Gujarat, to underscore that women's mobility across borders is one site on which national cultural and political anxieties unfold. It argues that contemporary cross-region marriage migration must be located within the larger political economy of such marriages, and should take into account the historical trajectories of marriage migration in particular regions. To this end, it examines three instances of marriage migration in Kutch: the princely state's marriages with Sindh, nineteenth-century marriages between merchants from Kutch and women from Africa, and contemporary marriage migration into Kutch from Bengal. The article asks whether the relative evaluation of these marriages by the state can be viewed in relation to the settlement policies undertaken after partition, where borderlands were to be settled with those who were deemed loyal citizens. Finally, by historicizing marriage—as structure, but also aspirational category—it seeks to move away from the singularity of marriage as framed in the dominant sociological discourse on marriage in South Asia.
19
Mucharom, Rully Syahrul, Wardah Yuspin, and Absori Absori. "Comparison of Law Between Merariq Traditional Marriage Law and Marriage Law Number 16 of 2019." International Journal of Social Science Research and Review 5, no. 10 (October 6, 2022): 321–27. http://dx.doi.org/10.47814/ijssrr.v5i10.594.
Full textAbstract:
Marriage Law in Indonesia is regulated in Act Number 1 of 1974 concerning Marriage and undergoing changes to Act Number 16 of 2019, which regulates how the norms and principles of marriage are considered and recognized by the Indonesian state. The purpose of marriage in Indonesia as regulated in Act Number 1 of 1974 article 1 states that: "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. one". The problem that arises then is whether the existing and developing customary marriages before the enactment of the Marriage Law can be recognized by the Indonesian state. The types of customary marriages that are not in accordance with the objectives, norms, and principles of marriage according to the Marriage Law are one of them is the Merariq Traditional Marriage Tradition, which from this merariq marriage tradition results in many early marriages or child marriages according to the legal age threshold. Law Number 16 of 2019 which is the main discourse of this study looks at the dimensions of Marriage Law through the eyes of the Merariq Indigenous Marriage of the Sasak Tribe. This study uses a normative juridical approach where this approach is carried out by tracing the norms that live in Indonesian positive law. Whereas the cases raised by merariq traditional marriages have caused many legal problems, furthermore, the high level of child marriage is due to the absence of a social safety net for anyone who wants to carry out a merariq marriage so that there is no legal protection and certainty for the parties to the marriage, especially women who are in a vulnerable position, Therefore, the implementation and enforcement of national marriage law must be considered again in its enforcement and implementation so that there is no legal vacuum where national law is not present in the community.
20
Junaidi, Mila Surahmi, Desmawaty Romli, Citra Dewi Saputra, and Liza Nofianti. "Legal Counseling On Civil Rights Due To Marriage Different Religions In Ogan Ilir Regency – South Sumatra Province." IJCS 1, no. 3 (November 7, 2021): 225–30. http://dx.doi.org/10.51601/internationaljournalofcommunityservice.v1i3.39.
Full textAbstract:
Interfaith marriage is a marriage bond between a man and a woman who have different beliefs and religions. In principle, interfaith marriages are prohibited by every religious teaching. Every religious instruction requires a marriage bond to be carried out in a bond of the same faith (one religion). Based on Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a marriage is considered valid if it is carried out according to their respective religions and beliefs. Legal problems arise due to interfaith marriages, including the validity of marriages that give rise to rights and obligations between husband and wife and children's status due to interfaith marriages on their inheritance rights. Interfaith marriages occur in society but are usually covered up. In the case of interfaith marriages in Ogan Ilir Regency, our Community Service Team, Faculty of Law, Sjakhyakirti University conducted legal counseling to understand the legal consequences of interfaith marriages, especially regarding the validity of marriages, child status, and inheritance.
21
Junaidi, Mila Surahmi, Desmawaty Romli, Citra Dewi Saputra, and Liza Nofianti. "Legal Counseling On Civil Rights Due To Marriage Different Religions In Ogan Ilir Regency – South Sumatra Province." International Journal Of Community Service 1, no. 3 (November 7, 2021): 225–30. http://dx.doi.org/10.51601/ijcs.v1i3.39.
Full textAbstract:
Interfaith marriage is a marriage bond between a man and a woman who have different beliefs and religions. In principle, interfaith marriages are prohibited by every religious teaching. Every religious instruction requires a marriage bond to be carried out in a bond of the same faith (one religion). Based on Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a marriage is considered valid if it is carried out according to their respective religions and beliefs. Legal problems arise due to interfaith marriages, including the validity of marriages that give rise to rights and obligations between husband and wife and children's status due to interfaith marriages on their inheritance rights. Interfaith marriages occur in society but are usually covered up. In the case of interfaith marriages in Ogan Ilir Regency, our Community Service Team, Faculty of Law, Sjakhyakirti University conducted legal counseling to understand the legal consequences of interfaith marriages, especially regarding the validity of marriages, child status, and inheritance.
22
Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i1.455.
Full textAbstract:
The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society.
Keywords: Marriage Law, Different Religions, KHI
23
Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i2.455.
Full textAbstract:
The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society.
Keywords: Marriage Law, Different Religions, KHI
24
Mardani, Mardani, Sardjana Orba Manullang, and Yessy Kusumadewi. "PROBLEMATIKA PERKAWINAN TIDAK TERCATAT (NIKAH SIRI) DAN SOLUSI HUKUMNYA." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 10, no. 2 (December 1, 2022): 255–68. http://dx.doi.org/10.52431/tafaqquh.v10i2.1086.
Full textAbstract:
This study aims to comprehensively describe the problems of unregistered marriages (sirri marriages) and their legal solutions. This study is a literature study that explains in detail the issues of unregistered marriages (sirri marriages) and their legal solutions. The data collection technique used in this research is the documentation technique. While the analysis technique used in this research is descriptive. After conducting in-depth research, an important conclusion was found that unregistered or unregistered marriages are events that still occur in society in the modern era as it is today. There are many factors that cause people not to register/register their marriage to the Office of Religious Affairs (KUA), including because they think that marriage is a personal matter so that the state does not need to interfere, they are worried that their pension money will be lost when registering their marriage, the marriage is carried out in minors, due to pregnancy out of wedlock. Unregistered marriages have negative impacts, including; The marriage does not have legal power and certainty, so it is difficult to claim his rights in the event of a divorce, and difficult in matters related to state administration, such as making a marriage certificate and others. Meanwhile, the positive impact is that a registered marriage can provide protection to the family and legal certainty. The role of the government to resolve cases of unregistered marriages is to carry out marriage istbat in an integrated and programmed manner for free.
25
Teuku Islahuddin, Dhiauddin Tanjung, and Ramadhan Syahmedi Siregar. "Implementation of Marriage Registration in Aceh Qanun Number 6 of 2008 concerning Administrative Registration (Analysis of Illegal Marriage Practices in Lhoksukon District, North Aceh Regency)." Britain International of Humanities and Social Sciences (BIoHS) Journal 4, no. 1 (February 2, 2022): 70–80. http://dx.doi.org/10.33258/biohs.v4i1.571.
Full textAbstract:
The implementation of Aceh Qanun Number 6 of 2008 Regarding Marriage Registration in Lhoksukon North Aceh, if analyzed based on the theory of legal effectiveness, is considered not maximally effective, even though this qanun has been enforced since 2018 and marriages carried out with wild qadhi . In addition, there are still many couples who submit Isbat Nikah to the Syar'iyah Court cannot prove their marriage at the time of examination in court. Legally, this qanun is very good. From the aspect of law enforcement, it still has weaknesses because the socialization carried out has not had a significant impact on the community, and the infrastructure is considered adequate, but from the aspect of public awareness it is still very low. Qanun Number 6 of 2008 concerning the Implementation of Population Administration relating to the registration of marriages is stated in several articles, namely Article 3, where the purpose of registering marriages is to ensure the legal status of each resident; protection of the rights of the population; ordered population administration; management of population administration information; and guarantee services for the rights of the population. Marriage registration is more firmly and specifically stated in Article 55 and Article 56. Article 55: (1) Every marriage, whether for residents who are Muslim or other religions, must be recorded. (2) Marriage registration for residents who are Muslim as referred to in paragraph (1) is carried out by marriage registrar employees at the District Religious Affairs Office. (3) The registration of marriages for residents of other religions as referred to in paragraph (1) is carried out by officials of the Regency/Municipal Population and Civil Registry Office. (4) The marriage registrar at the District Office of Religious Affairs shall record the marriage on the Marriage Certificate and issue the Marriage Certificate Quotation. (5) The Civil Registration Officer shall record marriages on the Marriage Certificate Registry and issue a Marriage Certificate Quotation. (6) Data on the results of marriage registration must be submitted by the District Office of Religious Affairs to the Regency/Municipal Population and Civil Registry Service within 10 (ten) days after the marriage registration is carried out. Article 56: Marriage registration as referred to in Article 55 also applies to: a) marriages determined by the court/Shari'ah Court; b) marriages of foreign nationals conducted in Aceh at the request of the foreign nationals concerned.
26
Labur, Avensius, and Fransiska Widyawati. "SEBAB DAN DAMPAK PERKAWINAN PAKSA DI STASI REWUNG PAROKI SANTA MARIA PENOLONG ABADI LAWIR KEUSKUPAN RUTENG DAN IMPLIKASI PASTORALNYA." JPAK: Jurnal Pendidikan Agama Katolik 22, no. 2 (October 5, 2022): 295–312. http://dx.doi.org/10.34150/jpak.v22i2.418.
Full textAbstract:
A Catholic marriage is valid if it has complied with applicable laws. One of the legal rules is if the wedding is done based on love and the partner's free will. On the other hand, forced marriage is invalid. Forced marriage has many adverse effects, including it can lead to divorce or separation. This study conducted a study on separated/divorced couples at the Rewung Station of the St. Maria Penolong Abadi Parish in Lawir Diocese of Ruteng. The main focus and objective of the research are to analyze the causes and effects of forced marriages in the area. This study found the factors causing forced marriages, namely: marriage due to arranged marriages by parents, marriage due to arranged marriages in a large family as part of the marriage culture within the clan and already pregnant. The effects of forced marriages are squabbles or disharmony, domestic violence (KDRT), and divorce/separation. This study concludes that forced marriage is not only against the nature of the sacramental union of the Catholic Church but also has a destructive impact on the family and the Church itself. This study recommends that marriage preparation be carried out correctly in the premarital canonical and pastoral investigation process. Likewise, pastoral care for Catholic families also needs serious attention.
27
Chiu, Tuen Yi. "Marriage Migration as a Multifaceted System: The Intersectionality of Intimate Partner Violence in Cross-Border Marriages." Violence Against Women 23, no. 11 (August 18, 2016): 1293–313. http://dx.doi.org/10.1177/1077801216659940.
Full textAbstract:
This article addresses the intersectional nature of intimate partner violence (IPV) against female marriage migrants in Mainland China–Hong Kong cross-border marriages. The author analyzes data from 15 battered female marriage migrants who share the same ethnicity as their husbands to illustrate how the immigration of female marriage migrants intricately intersects with gender, class, and culture to form a multifaceted system that traps battered marriage migrants in abusive marriages. It is proposed that marriage migration, as a distinct form of migration, involves certain intrinsic risk factors that make marriage migrants particularly vulnerable to IPV.
28
Hidayat, M. Taufiq, Ali Nu'man, Ashabul Yamin, Hafidh Hafidh, and Kasuwi Saiban. "Hukum Islam dan Hukum di Indonesia tentang Pernikahan Beda Agama." ARZUSIN 3, no. 1 (February 1, 2023): 11–27. http://dx.doi.org/10.58578/arzusin.v3i1.822.
Full textAbstract:
This research aims to examine the perspective of Islamic law regarding interfaith marriage. The method used is qualitative, with a comparative approach. In the study of Islamic law, interfaith marriages are classified into three categories: marriages between Muslim men and polytheistic women; Muslim man's marriage to ahlulkitab woman; and the marriage of Muslim women to non-Muslim men. Regulatively, interfaith marriages in Indonesia do not have legal force, because Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law as positive law has prohibited interfaith marriages. Therefore, the Office of Religious Affairs and the Civil Registry will not carry out administrative records of interfaith marriages.
29
DEWI, MIEKE ANGGRAENI. "ANALISIS PERKAWINAN BEDA AGAMA DALAM PRESPEKTIF RELIGIUSITAS DAN AKIBAT HUKUMNYA." GANEC SWARA 17, no. 4 (December 1, 2023): 1480. http://dx.doi.org/10.35327/gara.v17i4.632.
Full textAbstract:
In the reality of community life, marriage appears to be relatively straightforward when both couples share the same religious beliefs. However, issues arise when the couple holds differing religious convictions. These religious differences can impede the execution of a marriage. This research employs a juridical-normative method, which involves an approach that examines legal regulations and other relevant provisions related to interfaith marriages. The regulations explored in this research pertain to interfaith marriages. The legal consequences of an interfaith marriage are that the marriage is not recognized as valid according to the respective religious beliefs of the individuals involved. Therefore, from a legal standpoint, this marriage is also deemed invalid according to the Marriage Law No. 1 of 1974. The result of an invalid marriage also impacts the status and position of children born from an interfaith marriage. Children born from interfaith marriages are considered born out of wedlock, as the marriage of their parents is not recognized as valid. Consequently, these children only have legal relations with their mothers and not with their fathers.
30
Wahyuni, Sri, Resti Dian Luthviati, Muhammad Jihadul Hayat, and Utkarsh K. Mishra. "The Registration Policy of Interfaith Marriage Overseas for Indonesian Citizen." BESTUUR 10, no. 1 (August 6, 2012): 12. http://dx.doi.org/10.20961/bestuur.v10i1.64330.
Full textAbstract:
Interfaith marriages have long been a debated issue of marriage law in Indonesia. Since the marriage law was issued, there has been no clear legal stance governing interfaith marriage, particularly when involve Muslim/ah bride or groom. While the fact is, interfaith marriage is an unstoppable reality in the plural society. Not being recognized for its legitimacy according to Indonesian regulation makes the interfaith couples think to utilize out of the box solution that is conducting marriage overseas. The problem is whether interfaith marriages abroad can be considered legal in Indonesia and how is the registration process in Indonesia after their arrival. This study aims to explain the process of registering interfaith marriages carried out outside Indonesia after the couples return to Indonesia. The data was collected through the study of primary legal materials of Indonesian marriage laws and lower regulations. Data were also collected through interviews. This article argues that interfaith marriages are not well regulated in Indonesia. Therefore their validity cannot be justified. Interfaith marriages conducted abroad can be registered at the civil registry office. The civil registry office does not question the validity of the marriage.
31
Sembiring, Idha Aprilyana, Zulfi Chairi, and Aflah. "RECORDING AND PUBLISHING OF MARRIAGE BOOK IN ORDER TO PREVENT UNREGISTERED MARRIAGE IN BATANGKUIS DISTRICT." ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat 3, no. 2 (October 2, 2019): 358–68. http://dx.doi.org/10.32734/abdimastalenta.v3i2.4156.
Full textAbstract:
This community empowerment and development program aims to increase public awareness, especially marriage couples in Batangkuis District in legalizing their marriages. Basically, the couples have known the necessity of registering marriages, but do not register for various reasons. They do not have a marriage book even though they have been married for a long time.To achieve this goal, two (2) phases of activities were carried out, (1) Legal counseling carried out for two days in two partner villages with the theme of the introduction, usefulness and benefits of marriage registration and legal consequences arising from not registering marriages and to (2) assistance activities in making marriage books. The targets are couples in the two partner villages who have long been married religiously but have not registered marriage. After legal counseling about the benefits and importance of marriage registration, there was an enthusiasm to ask for assistance in recording their marriages because most of the couples had been married for a long time and had many children but had no evidence of legality of their marriage. The enthusiasm of the husband and wife shows the approach through legal counseling is effective to move their legal awareness to register their marriages.
32
Putri, Ananda Yuliana, and Sutrisno Sutrisno. "Effectiveness Giving Marriage Dispensation To Suppress Increase Early Marriage During Covid-19 Pandemic." LIGAHUKUM 2, no. 2 (January 26, 2022): 181–95. http://dx.doi.org/10.33005/ligahukum.v2i2.119.
Full textAbstract:
Abstract
Result of the COVID-19 pandemic, which has not yet ended, has now penetrated into all sectors, in addition to having an impact on the health, economy, and tourism sectors, the COVID-19 pandemic has also impacted increase in underage marriages. Underage marriage can certainly cause various problems due to the incompetence of the prospective bride and groom. However, in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, underage marriages are permitted if they receive a marriage dispensation from a religious court, therefore study analyze the effectiveness of granting a marriage dispensation. The type of research used in this research is normative juridical with literature study. Based on the results of the study, the marriage dispensation was deemed less effective in suppressing the increase in the number of underage marriages. for the minimum age in marriage isthe determination of marriage dispensation is still given even though it is based on the judge's consideration. This of course must be taken into consideration by law makers in reviewing the effectiveness and interrelationships between one regulation and another.
Keywords: Marriage Dispensation, Underage Marriage, Marriage Law
33
Sari Harahap, Marwah Amelia, and Imam Yazid. "Fenomena Peningkatan Permohonan Isbat Nikah di Pengadilan Agama Sibuhuan Tahun 2020-2021." ARBITER: Jurnal Ilmiah Magister Hukum 5, no. 1 (May 17, 2023): 1–8. http://dx.doi.org/10.31289/arbiter.v5i1.1609.
Full textAbstract:
Couples who cannot prove their marriage with a marriage certificate can submit a marriage certificate application to the Religious Court. This study aims to determine the factors causing the increase in applications for marriage certificates in the Sibuhuan Religious Court. The problem is focused on increasing applications for marriage certificates at the Sibuhuan Religious Court for 2020-2021. The data were collected through a field approach and literature were analyzed qualitatively using a Juridstic Empirical type of research. It was found that in the practice of carrying out marriages there are still many people who do not have a marriage certificate due to negligence in recording marriages. Then, with the increase in public legal awareness regarding the ownership of marriage certificates so that people are very enthusiastic about legalizing their marriages which were not originally recorded in countries with marriage certificates. There is an integrated marriage registration program with an easy submission process, fast completion, low cost and even free for the less fortunate. The facts that have been mentioned are the factors causing the increase in applications for marriage certificates in 2020-2021 at the Sibuhuan Religious Court.
34
Kwirinus, Dismas. "Pencatatan Perkawinan Campuran Beda Agama Berdasarkan Hukum Kanonik dan Hukum Positif." Kamaya: Jurnal Ilmu Agama 7, no. 1 (February 9, 2024): 1–11. http://dx.doi.org/10.37329/kamaya.v7i1.2809.
Full textAbstract:
The focus of this research examines the registration of mixed religious marriages based on canon law and positive law. The topic of study is related to the legal instruments governing mixed religious marriages, the implementation of mixed religious marriages based on Church law and positive law. The aim of this study is to serve as a guideline for government agencies that have firm authority regarding marriage and everything related to marriage. Researchers used descriptive qualitative methods and critical reading of texts, namely: (1) Canon Law 1124-1129; (2) Law Number 1 of 1974 article 2 paragraph (1) in conjunction with article 66; (3) Law Number 23 of 2006. The results and findings in this research are that interfaith marriages can be obtained and registered with the Civil Registry Officer and obtain a Deed and Excerpt from the Marriage Certificate, requiring first a decision from the court as regulated in article 35 Law no. 23 of 2006. Meanwhile, marriages issued by the Catholic Church do not receive enough Marriage Certificate Excerpts from the Population and Civil Registration Service. The conclusion from this research is that the implementation of a Mixed Mexta Religio marriage must first obtain a license from the Church authorities, because the marriage is a prohibited marriage. It is seen as a prohibition because there are many elements of similarity and togetherness between the Christian and Catholic Churches. Meanwhile, Marriage Disparity Cultus is seen as an obstacle to marriage (impedimentum disparity cultus) and to confirm this marriage a dispensation is needed.
35
Habib Adjie and Benny Aji Prasetyo. "Cancellation of The Marriage Agreement Dedicated After The Marriage is Conducted." YURISDIKSI : Jurnal Wacana Hukum dan Sains 17, no. 3 (December 20, 2021): 285–95. http://dx.doi.org/10.55173/yurisdiksi.v17i3.114.
Full textAbstract:
Marriage aims to form a happy, eternal, and conscious family without pressure. From a marital relationship, rights and obligations, including property, are regulated in the marriage law. For certain couples, marital property needs to be separated and a special agreement is made that regulates the separation of assets and obligations of both partners. In the case that it was found that there was a couple who made a separation agreement made after the marriage took place, there is a fact that the agreement was requested to be canceled for various reasons from the plaintiff. With these facts, the purpose of this study is to examine the legal aspects of the cancellation of the marriage agreement made after the marriage took place. This research method used a normative juridical method with a conceptual approach and legislation. The conclusion of this study is that marriage is a form of relationship between a man and a woman with the aim of forming a family, that it is undeniable that marriages are carried out between Indonesian citizens and foreigners and this is that there are legal differences that apply to men and women in mixed marriages because of differences in nationality. . In mixed marriages, there will be things regarding property that are different from marriages between Indonesian citizens and Indonesian citizens. The marriage agreement made by the couple before the marriage can be in the form of an authentic deed made before a notary as a public official, if the marriage agreement is made after the marriage it will result in null and void.
36
Madih, Muhammad, and Munsharif Abdul Chalim. "Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage." Jurnal Akta 6, no. 2 (August 16, 2019): 277. http://dx.doi.org/10.30659/akta.v6i2.5028.
Full textAbstract:
Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.
37
Osman, Fatima. "The Million Rand Question: Does a Civil Marriage Automatically Dissolve the Parties' Customary Marriage?" Potchefstroom Electronic Law Journal 22 (May 20, 2019): 1–25. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4337.
Full textAbstract:
In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, her customary marriage to former President Nelson Mandela continued to exist until his death, despite the dissolution of their civil marriage. Not long thereafter, in 2017, former President Jacob Zuma's daughter made headlines by claiming half of her soon-to-be-ex-husband's multimillion-rand estate despite the couple’s having entered into a valid ante-nuptial contract. The claim was that her preceding customary marriage had not been accompanied by an ante-nuptial contract, and therefore the marriage was in community of property. These high-profile cases raise the fundamental legal question: what effect does a civil marriage between parties have on the parties' customary marriage to each other?
Historically the subsequent civil marriage terminated the customary marriage, as such marriages were not legally recognised in South Africa. The Recognition of Customary Marriages Act 120 of 1998 allows for such dual marriages without specifying the consequences thereof. Most commentators have interpreted the provisions to perpetuate the historical position; the civil marriage terminates the customary marriage. While this appears distasteful, the rationale is legal certainty and accords with the recommendations of the South African Law Commission. Furthermore, alternative customary dispute resolution mechanisms are still available to the parties, who are unlikely to suffer prejudice under the interpretation. In addition, given the social reality in which dual marriages are conducted and how they are perceived by parties, parties should be allowed to conclude an ante-nuptial contract after their customary marriage but before their civil marriage to regulate the proprietary consequences of their marriage.
38
Suryani, Suryani. "SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY." IBLAM LAW REVIEW 2, no. 2 (May 31, 2022): 175–88. http://dx.doi.org/10.52249/ilr.v2i2.197.
Full textAbstract:
This research aims to describe the study of Islamic legal philosophy regarding unregistered marriages, with the problem of how to carry out unregistered marriages, the factors that influence them, and how Siri marriages are according to the review of Islamic legal philosophy, to describe the implementation of unregistered marriages and the factors that influence them, as well as analysis of Islamic legal philosophy on the implementation of unregistered marriage laws. This research is library research with sources from literature that talk about unregistered marriages and Islamic legal philosophy. Research shows that the factors that influence unregistered marriages are religious factors, not having the approval of parents, economics, muamalat, infidelity, and polygamy. From a juridical perspective, a review of Islamic philosophy states that the legality of a marriage is as stated in Article 2 paragraph (2) of Law No. 1 of 1974 concerning marriage, that every marriage is registered according to the applicable laws and regulations. In the compilation of Islamic Law, article 5 paragraph 10 also requires that every marriage that takes place be recorded to ensure marital order for the community. Based on the study of ushul fiqh, registration of marriages or marriages, apart from guaranteeing legal certainty for husband and wife couples, it is also necessary to pay attention to the Maqashidu Syari'ah aspect (purpose of law) in Islam, namely that marriages or marriages that are not registered will cause a lot of harm or harm to husband and wife couples. the results of the marriage as well as for parties related to the marriage.
39
Din, Hanis Nabihah Binti Hizamul, Rohani Abdul Rahim, Fieza Fazlin Binti Fandi, Mohd Fadhly Bin Yaccob, and Annalisa Yahanan. "Mixed-Orientation Marriages: An Analysis on Heterosexual Wife Legal Redress in Malaysia." International Journal of Asian Social Science 8, no. 5 (April 12, 2018): 241–55. http://dx.doi.org/10.18488/journal.1.2018.85.241.255.
Full textAbstract:
Mixed orientation marriages refers to marriages involving a partner who is gay or lesbian while the other partner may be heterosexuals or bi-sexual as well. Parties to such marriage are men and women who are gender fluid or transgender who wish to maintain their relationship that exist before or after the existing marriage commenced. In United States of America, there are as many as three million of such marriages – perhaps even more. Homosexuality or bisexuality is illegal in Malaysia and thus, the existence of mixed orientation marriage in Malaysia often hide behind a normal marriage. It has been difficult to quantify such marriage unless the courts that handle divorce matters identified such grounds to these divorces. Plus, mixed orientation marriage is an oppression towards the wives who are heterosexual. This paper will dwell on; (a) the definition of mixed-orientation marriage; (b) the factors that cause a bisexual husband to pursue a marriage with a heterosexual wife without her knowing of the fact ; (c) to find out the effects of such relationships to a heterosexual spouse in terms of her health, emotion and psychological impacts; (d) To identify the legal redress on heterosexual wife and her rights in such marriage; and (e) to analyse some strategies and the legal remedies available to deal with such kind of marriages, which denied the vary basis of contractual relationship acknowledge by civil and sharia marriages laws in Malaysia.
40
Candeub, Adam, and Mae Kuykendall. "Modernizing Marriage." University of Michigan Journal of Law Reform, no. 44.4 (2011): 735. http://dx.doi.org/10.36646/mjlr.44.4.modernizing.
Full textAbstract:
This Article proposes to modernize the archaic procedures states use to authorize marriages so as to provide legal flexibility, promote efficiency, and enhance individual choice. Almost universally, states require couples' presence within their borders, however briefly, for a ceremony. After considering the historical and policy rationales for this requirement and finding them either obsolete or incoherent, we propose that states offer marriages to those outside their borders. Such distance marriages could occur via video-conference, using the internet or even telephone, with readily available safeguards to prevent fraud. This simple reform would allow certain couples who cannot marry under local law to import the trappings of an official marriage ceremony in "real time," as well as assure access to the legal tie for any couple facing a barrier of physical separation. Our proposal builds upon the historical and present-day precedent of proxy marriage and legal principles such as choice of law for multi-jurisdictional contracts and corporate formation. With this reform, states would be free to compete over marriage procedure efficiency and experiment with alternative regulatory goals or menu options, such as enabling greater disclosure about personal or health histories, permitting more restrictive prenuptial arrangements (as with certain states' development of "covenant marriage") or tying access to certain distance marriages to advance agreement to accept jurisdiction for marriage dissolution. Finally, our proposal would allow same-sex couples (and other couples unable to marry under their home jurisdictions' laws) easier access to marriage authorization and the ability to perform wedding ceremonies before family and friends. Our procedural reform offers a gradualist approach to the controversies concerning the substantive rules of marriage, notably Judge Walker's recent ruling declaring Proposition 8 unconstitutional.
41
SUBARDAN, ISMAK. "TINJAUAN YURIDIS PASAL 4 AYAT 1 UNDANG UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN TERHADAP UPAYA MENDAPATKAN AKTA NIKAH." GANEC SWARA 17, no. 1 (March 4, 2023): 180. http://dx.doi.org/10.35327/gara.v17i1.384.
Full textAbstract:
The purpose of this research is to find out how the juridical review of article 4 paragraph (1) of law no. 1 of 1974 concerning Marriage regarding efforts to obtain a marriage certificate and to find out what causes marriage by married husbands without going through court approval. Marriages that often occur, namely when marriages are established between married men and women who are still virgins in secret or unregistered marriages, in other words polygamous marriages occur, of course this happens because the men do not want to deal with court proceedings which will complicate matters their marriage. Phenomena like this are very common in this modern era, meanwhile according to the Marriage Law No. 1 of 1974 Article 4 paragraph (1) requires that every husband who wants to be polygamous must obtain court approval to obtain a marriage certificate, this is not done by husbands for some reason. Many cases of polygamous marriages ignore the provisions stipulated in the Marriage Law, especially those contained in Article 4 Paragraph (1), so there is a legal review that must be put forward in addressing Article 4 Paragraph (1) so that there are not many polygamous marriages in series. namely by reviewing Article 4 Paragraph (1) that in order to obtain a Marriage Certificate it is not necessary to go through Court approval but can go directly to the Office of Religious Affairs in the area of residence for polygamous marriages to take place by attaching other supporting requirements that are already known by the Village Office local.
42
Hill, Matthew J. "Love in the Time of the Depression: The Effect of Economic Conditions on Marriage in the Great Depression." Journal of Economic History 75, no. 1 (March 2015): 163–89. http://dx.doi.org/10.1017/s0022050715000066.
Full textAbstract:
I examine the impact of the Great Depression on marriage outcomes and find that marriage rates and local economic conditions are positively correlated. Specifically, poor labor market opportunities for men negatively impact marriage. Conversely, there is some evidence that poor female labor markets actually increase marriage in the period. While the Great Depression did lower marriage rates, the effect was not long lasting: marriages were delayed, not denied. The primary long-run effect of the downturn on marriage was stability: Marriages formed in tough economic times were more likely to survive compared to matches made in more prosperous time periods.
43
Karney, Benjamin R., and Thomas N. Bradbury. "Contextual Influences on Marriage." Current Directions in Psychological Science 14, no. 4 (August 2005): 171–74. http://dx.doi.org/10.1111/j.0963-7214.2005.00358.x.
Full textAbstract:
Current proposals to promote and strengthen marriage among low-income populations focus on values and behavioral skills as primary targets of intervention. Marital research that examines contextual influences on marriage calls these emphases into question. Ethnographic and survey research reveal no evidence that populations experiencing higher rates of divorce value healthy marriages any less than other populations do. Longitudinal and observational research reveals two mechanisms through which the environment of a marriage may enhance or constrain effective relationship maintenance. First, some environments contain fewer sources of support and pose more severe challenges than others, presenting marriages in those environments with greater burdens than marriages in more supportive environments are faced with. Second, when demands external to the marriage are relatively high, even couples with adequate coping skills may have difficulty exercising those skills effectively. Together, such findings suggest that successful policies and interventions to strengthen marriages need to acknowledge the environments within which marriages take place.
44
Azhari, Ari. "PENYESUAIAN PELAKSANAAN PERKAWINAN DI KANTOR URUSAN AGAMA PADA MASA PANDEMI COVID-19." Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora 8, no. 2 (December 31, 2022): 331–43. http://dx.doi.org/10.37567/alwatzikhoebillah.v8i2.2166.
Full textAbstract:
The orientation of this research is how the implementation adjustment of marriage during the Covid-19 pandemic to PMA RI No. 20 of 2019 concerning registration of marriages. This study applies a qualitative paradigm. This research also includes library research with documents as the main data source. The research results show that the procedure for registering marriages has been regulated in it. The stages or procedures are: registration of the will of marriage, examination of the will of marriage, announcement of the will of marriage, contract of marriage, and implementation of registration of marriages. This aims to prevent and reduce the risk of the spread of the Covid-19 outbreak and protect KUA employees and the public at the time of the marriage contract while adhering to very strict health protocols.
45
Əzim qızı Əzimova, Sabina. "Psychosocial consequences of early marriages." SCIENTIFIC WORK 15, no. 3 (March 24, 2021): 83–86. http://dx.doi.org/10.36719/2663-4619/64/83-86.
Full textAbstract:
One of the most common forms of child exploitation in the world is early marriage. Although the number of underage marriages has declined to some extent, it continues to rise in a number of countries. Early marriage usually means the marriage of a child under the age of 18. Many of these marriages are also referred to as "child and forced marriages" because they are performed without conscious consent. Early marriage separates children from their families and peers, exposes them to domestic violence, and jeopardizes their development, educational, social and professional opportunities. Such marriages can also lead to psychological problems such as depression, adaptation disorders, post-traumatic stress, and suicide attempts. This review article aims to assess the causes and psychosocial consequences of early marriage. Key words: Family age, child exploitation, psychosocial aspects
46
Probert, Rebecca. "When are we married? Void, non-existent and presumed marriages." Legal Studies 22, no. 3 (September 2002): 398–419. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00199.x.
Full textAbstract:
In recent years the courts have been faced with the problem of deciding what status should be given to marriages that are celebrated outside the provisions of the Marriage Act 1949 yet believed to be valid by the parties to them. Some such marriages have been classified as non-marriages, while others have been saved by the application of the presumption in favour of marriage. The decisions are unsatisfactory for a number of reasons. It will be suggested that the concept of non-marriage should be confined to ceremonies that in no way purport to be marriages. The presumption in favour of marriage should also be limited to situations where there is a valid basis for presuming a marriage rather than being used to avoid dealing with the deficiencies of the law.
47
Laksana, Endri Nugraha. "Kewajiban Pencatatan Nikah dalam Tinjauan Qiyas dan Kepastian Hukum." Al-'`Adalah : Jurnal Syariah dan Hukum Islam 7, no. 2 (December 28, 2022): 355–76. http://dx.doi.org/10.31538/adlh.v7i2.2642.
Full textAbstract:
Abstract:
Apparently, quite a lot of marriage actors do not register their marriages. In fact, the provisions for registration of marriages have been regulated in Article 2 of Law No. 1/1974, paragraph 2 which expressly states that every marriage is recorded according to the applicable laws and regulations. From this it can be understood that marriage registration is an integral part that determines the validity of a marriage. More detailed rules regarding marriage registration are regulated in Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. The reality is that many Indonesian citizens do not register their marriage with the Marriage Registrar (PPN). Marriages that are carried out are usually only assumed to have fulfilled the demands of their religion, even though they did not meet the demands of the state administration. One of the reasons is because of the indecisiveness of the marriage registration law. This is often corroborated by religious leaders' fatwas supporting unregistered marriages. This paper reinforces the law of marriage registration from the point of view of the Shari'a and the legislation in force in Indonesia. Based on qiyās, then the legal registration of marriage is obligatory as it is recorded in accounts payable (Q.S. Al-Baqarah: 282). From the laws in force in Indonesia, it takes courage to get out of the dichotomy of interpretation of Article 2 of Law No.1 of 1974 by using six juridical arguments as a reference. Religious experts, morally, must also support the registration of marriages. In addition, it is necessary to come up with new regulations to improve Law No. 1 of 1974, which has been in force for 48 years in Indonesia. The draft Law on Material Law for Religious Courts is a hope for a more integral and perfect marriage law in Indonesia.
48
Iffah Fathiah. "ITSBAT NIKAH POLIGAMI PERSPEKTIF UNDANG-UNDANG PERKAWINAN DAN SEMA NO. 3 TAHUN 2018." Mawaddah: Jurnal Hukum Keluarga Islam 1, no. 1 (January 22, 2024): 14–38. http://dx.doi.org/10.52496/mjhki.v1i1.2.
Full textAbstract:
Sirri marriage or marriage under the hand is something that has become very common in society. One of the factors influencing it is the principle that if the conditions and pillars of marriage have been fulfilled, then it is sufficient to carry out a marriage, including in polygamous marriages. This kind of marriage violates Article 2 paragraph (2) of the 1974 Marriage Law which requires the registration of every marriage. The necessity of marriage registration is not only for administrative order, but also to ensure legal certainty and protection for wives and children. Thus, the wife and children of a sirri marriage will lose legal certainty and protection because sirri marriages are not recognized by law. As a solution to the rise of sirri marriages, itsbat nikah is held so that the sirri marriages that have occurred are recorded and recognized by the state as regulated in article 7 of the Compilation of Islamic Law. Regarding the itsbat nikah of irri polygamy, it is still possible to be accepted and granted by the Religious Court based on the Decree of the Chairman of MARI Number KMA/032/SK/IV/200611 dated April 6, 2006 concerning the Application of Book II Guidelines for the Implementation of Court Duties and Administration. The rules contained in Book II contradict SEMA No. 3/2018 which states that the application for itsbat nikah polygamy on the basis of irri marriage cannot be accepted.
49
Bachtiar, Moch Yusuf, and Nuryanto Ahmad Daim. "Urgensi Penetapan Hakim Atas Permohonan Itsbat Nikah Sebagai Solusi Memperoleh Hak Identitas Hukum." Law and Humanity 1, no. 3 (December 24, 2023): 233–56. http://dx.doi.org/10.37504/lh.v1i3.582.
Full textAbstract:
Marriage without a marriage certificate will have many consequences related to the various rights of the wife and the right to provide for the children born from her mother's womb, both material and immaterial that must be received in marriage, as well as rights to property owned while in the marriage. Marital life itself, as well as matters relating to rights relating to third parties. Such a marriage situation will experience problems when dealing with marriage documents as authentic proof of marriage. In this context the breakthrough of itsbat marriage law which was never found in Law Number 1 of 1974 was appreciated by the Compilation of Islamic Law / KHI precisely in the provisions of article 7 paragraphs (1), (2), (3) and technically formulated by the procedural guidelines chapter in PA/Society, that the rules for legalizing marriage/itsbat marriage, are made based on marriages held based on religion or not being recorded by the authorized VAT. Responding to the legal needs of Muslims regarding ownership of a marriage book, namely for married couples who are married religiously but whose legal certainty is doubtful in the eyes of the law. The itsbat marriage referred to in this study is the legalization of marriages by the Religious Courts according to their respective jurisdictions. The determination of itsbat of marriage by the Surabaya religious court is very urgent for legal certainty of husband and wife marriages that have not been registered at the Office of Religious Affairs (KUA).
50
Jokar, Habib, Zahra Yousefi, and Hajar Torkan. "Exploring the Components of a Comprehensive Model Governing Successful Marriages: A Qualitative Study." Journal of Qualitative Research in Health Sciences 11, no. 3 (September 20, 2022): 148–55. http://dx.doi.org/10.34172/jqr.2022.01.
Full textAbstract:
Background: A successful marriage is a dynamic growing relationship in which both partners continue to grow to achieve personal satisfaction. Building a successful life depends on a successful marriage. Therefore, this study aimed to explore the components of a comprehensive model governing on-time marriages among Iranian married men. Methods: This study was conducted using a qualitative thematic analysis approach. Using a homogeneous purposive sampling method, 14 married men in Bushehr were selected and interviewed. The collected data were analyzed using the content analysis method. Results: The analysis of the data from the interviews revealed three main categories related to on-time marriage among men including having a family that supports marriage, a marriage loving character, and the conditions facilitating marriage. Conclusion: Following these findings, it can be argued that a successful marriage depends on three important components of personality, requirements, and family supporting the on-time marriage. Thus, the improvement of marital life also depends on multidimensional corrections made by taking into account these factors. Accordingly, some measures need to be taken to promote marriage among young people and make them interested in marriages. Furthermore, families need to support their children and provide facilities for them to have successful and on-time marriages. Finally, social institutions and officials are required to facilitate conditions for people to have successful marriages.