Legitima : Jurnal Hukum Keluarga Islam

Analysis of the Rights and Obligations of Husband and Wife in the Compilation of Islamic Law: A Review from the Perspective of Gender Equality

Okti Nur Hidayah — 2023-12-30

Purpose – This research aims to identify the manifestation of gender injustice in the Compilation of Islamic Law, especially in the chapter on the rights and obligations of husband and wife.

Methods – The research method used is library research with qualitative analysis.

Findings – The analysis shows that Article 79 Paragraph 1 creates stereotypical gender roles by reinforcing the traditional roles of husband and wife. On the other hand, Article 79 Clause 2, and Clause 3 reflect the principles of gender equality and justice in legal rights. The husband's duties, as set out in Article 80, involve a guiding role and financial responsibility, with the issue of discrimination in women's education in Article 80 Clause 3. The wife's duties, as outlined in Article 83, create the potential for gender injustice through psychological pressure, with Article 83 Paragraph 2 indicating a double burden in managing household affairs. Finally, Article 84 Paragraph 1 highlights the potential for gender injustice in judging the wife as nusyuz (defiant), creating inequality in response to acts of defiance from both parties.

Research implications – In the Compilation of Islamic Law, marriage aims to achieve a household life that is sakinah, mawaddah, and rahmah (peaceful, loving, and affectionate). To achieve this goal, married couples must commit to fulfilling their rights and obligations according to their respective abilities.

Originality/value – This research is important to identify and explain the differences in status between husbands and wives, opening up space for reflection and a better understanding of aspects of gender equality in the context of Islamic marriage.

The Concept of Professional Kafa'ah (Hirfah) in Perspective; Imam Malik, Imam Shafi'i, and The Correlation of The Opinion of Sheikh Muhammad Arsyad Al-Banjari in Kitab An- Nikah

Hallymah Thussadyah Maura Putri — 2023-12-31

Purpose - The researcher will analyze to understand the concept of kafa'ah in work from different perspectives, namely comparing the views of two madzhab imams with different backgrounds and their correlation with the opinion of Sheikh Arshad Al Banjari in Kitab and Nikah.

Methods - In this study, the comparative method was used to analyze the viewpoints they expressed regarding the concept of kafa'ah in employment.

Findings - In this study, Imam Shafi'i and Sheikh Arshad included profession/hirfah as one of the criteria of kafa'ah, while Imam Malik did not include hirfah as a criterion of kafa'ah because religious equality is the main thing. Thus, this comparative research is expected to provide a more comprehensive insight and understanding of the concept of kafa'ah in employment in the context of Islamic insight.

Research implications - Imam Syafi'i places kafa'ah in terms of the profession (hirfah) as prevalent in marriage as well as the opinion of Sheikh Arshad as a scholar of the Syafi'i Madzhab in South Kalimantan, while Imam Malik argues that kafa'ah does not depend on the profession but on one's religion or devotion.

Originality/value - The madzhab imams have different views on the criteria for kafa'ah in marriage. Comparing views is interesting because changing times can affect the existence of the law.

Comparative Study of the Law of Determining the Nasab of Children Outside of Marriage; Perspective of Family Law in Malaysia and Yemen

Hendi Hilmi Azizi — 2023-12-30

Purpose – In marriage regulations, children are divided into two categories, namely legitimate children and illegitimate children. Therefore, this study will examine the nasab status of children out of wedlock in Malaysia and Yemen.

Methods – The research method used is a literature study, namely the process of collecting data and information using various sources available in the library, such as books, hadith, and various other written materials.

Findings – The results show that in children out of wedlock or illegitimate children in Malaysia, the nasab (kinship) of children born to biological fathers less than six months of the child's age cannot be connected to their biological father. But the positive law of Malaysia issued a fatwa that those who do not have nasab with their biological father can be bin to Abdullah or Asmaul Husna. Similarly, the positive law of Yemen states that if a child is born in a valid marriage from a religious point of view and the birth is within six months, then the child can be related through the father and mother. If the child is born less than six months from the beginning of the marriage or marriage contract, then the child cannot be related through the father and can only be related to the mother.

Research implications - Marriage is a bond, both physically and mentally, between a man and a woman, which aims to form a happy and lasting family based on tawhid. Therefore, marriage must be carried out as applicable law and registered, because this will have an impact on the child's status.

Implementation of Regulation of the Minister of Religious Affairs Number 20 of 2019 in the Practice of Changing the Biodata of the Marriage Certificate in Krian District

Thoriq M Firdaus — 2024-02-21

Purpose – This study aims to determine the practice of resolving changes in the biodata of marriage certificates at the Office of Religious Affairs (KUA) in the KUA of Krian District, Sidoarjo Regency, besides that the author also wants to know what obstacles occur in the settlement of changes in marriage certificates after the issuance of Regulation of the Minister of Religion No. 20 of 2019 concerning Marriage Registration.

Methods – This research uses empirical juridical methods with a socio-legal approach. And in collecting data the author uses interview techniques, documentation, observation, literature study and internet searching. Data analysis is done in three ways, namely data reduction, data presentation, and drawing conclusions or verification..

Findings – The results showed that in the practice of resolving changes in the biodata of marriage certificates at the KUA Krian District, Sidoarjo Regency was not fully in accordance with the Regulation of the Minister of Religion No. 20 of 2019 concerning Marriage Registration. This is due to the absence of the latest birth certificate and certificate issued by the population and civil registration office as the basis for the KUA in changing the biodata of the marriage certificate.

Research implications/limitations – Thus, based on the above conclusions, the authors recommend as a form of evaluation for related parties regarding changes in the biodata of the marriage certificate at the KUA Krian District.

Originality/value – This research is important because the implementation of minister of religion regulation number 20 of 2019 at the religious affairs office has not been maximised. Therefore, the existence of this research is expected to be a practical reference for other KUAs by making the practice of changing the biodata of the marriage certificate of the Krian District KUA the object of study.

Portrait of a Sakinah Mawaddah Warahmah Family in the Community of Lenggerong Village, Bantarbolang District, Pemalang Regency

Fakhrunnisa Rosada — 2024-02-21

Purpose – Creating a sakinah mawaddah warahmah family is a goal for every married couple. These efforts are certainly faced with various challenges and obstacles. This is experienced by some people in Lenggerong Village, Bantarbolang District, Pemalang Regency. This research aims to see how the portrait of a sakinah mawaddah warahmah family in the community of Lenggerong Village, Bantarbolang District, Pemalang Regency.

Methods – This research uses qualitative research with a descriptive approach technique. The subjects and data sources of this research came from Mrs Sitih, Mrs Istiana and Mrs Eka Jayanti. The data collection techniques were interviews and observations.

Findings – The results showed that the portrait of a Sakinah, Mawaddah, warahmah family is a calm family condition, mutual understanding, no turmoil, serene, happy and harmonious. The husband fulfils the obligation of physical and mental nafkah and provides love and affection to the wife. Meanwhile, the wife's obligations towards the husband or the husband's rights over the wife are, among others: Obeying the husband, taking care of yourself when the husband is not around, maintaining self-respect and protecting the husband's property.

Research implications/limitations – Based on the results of the study, the researcher recommends that the authorities conduct socialization on the formation of a sakinah family, especially for married couples who are in a long-distance relationship in Lenggerong Village.

Originality/value – The existence of this research is expected to be a praxis reference for the community in an effort to form a sakinah mawaddah warahmah family. The empirical experiences of the informants in this study are expected to inspire married couples in other communities to form a sakinah family.

Factors that Cause the Occurrence of Siri Marriage in Tualang District

Paisal Ahmad Dalimunthe — 2024-02-23

Purpose – In the procedural rules of marriage within the Indonesian Islamic society, it is stipulated that marriages must be officially recorded and published in accordance with Marriage Law No. 1 of 1974. In reality, not all segments of the Indonesian population adhere to the established procedures or rules. This is evidenced by the fact that a portion of the population in the Tualang District of Siak Regency still engages in unregistered marriages that are not officially documented or published, which deviates from the provisions of Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. This study aimed to identify the factors underlying the occurrence of unregistered marriages in the Tualang District.

Methods – To achieve this objective, the researcher employed qualitative research methodology. Data collection was carried out using observation, interview, and documentation methods. The data validity testing technique used was triangulation of sources and methods. Data analysis was conducted using an interactive analysis model consisting of data collection, data reduction, data presentation, and drawing conclusions.

Findings – The research findings indicate that the practice of unregistered marriages in the Tualang District is similar to regular marriages, with the key distinction being the lack of official documentation. The factors contributing to unregistered marriages in the Tualang District include: out-of-wedlock pregnancies, economic factors, and the desire for polygamy.

Research implications/limitations – The impacts of unregistered marriages on the community include ease of conducting marriages, difficulties in obtaining birth certificates for children, a higher likelihood of divorce, document forgery, and conflicts.

Originality/value – The results of this research are expected to be a practical reference for the community and government to overcome the problem of nikah siri. The factors that cause nikah siri described in this research can be an illustration for the government to be able to formulate policies related to the problem of siri marriage.