Legitima : Jurnal Hukum Keluarga Islam

Marriage Registration in the Qur’an: Historical Insights and Contemporary Legal Relevance

Maulidia Mulyani — Sun, 30 Jun 2024 00:00:00 +0000

Purpose – Explicitly, the rules for registering a marriage in the Al-Qur’an are not explained. However, if we trace the text through historical and interpretive aspects, some texts refer to marriage registration. This research presents two questions related to the historicity of marriage registration in Islam, the texts of marriage registration in the Al-Qur’an and its legal relevance in the contemporary era.

Methods – This qualitative analysis is based on library research data that traces the history and texts of the Al-Qur’an related to marriage registration.

Findings – This research concludes several findings: First, legal regulations for marriage registration in Islam are rarely found, but texts have been found that have meaning, even though they do not lead to marriage registration, so interpretation is needed. Second, marriage registration is then carried out in law to provide protection within the scope of family law practice.

Research implications – Marriage registration is needed as a form of protection in family law practice in Indonesia. The background of the Al-Qur’anic texts is not explained due to certain conditions in the past, but in the search, it is implied that recording something makes things easier.

Analysis of Law No. 23/2004 and the Ideals of Elimination of Domestic Violence in Indonesia from the Perspective of Sadd adz-Dzari'ah

Muhammad Sunarto, Alfin Haidar Ali, Nadiyah Rofikah — Sun, 30 Jun 2024 00:00:00 +0000

Purpose - This research aims to analyze domestic violence using the concept of sadd adz-dzari'ah to find out whether domestic violence prevention efforts by the PKDRT Law are following the concept of sadd adz-dzari'ah.

Methods - The research method in this study is based on the manhaji method, which is a method of solving problems by following the way of thinking and the rules of determining the law that has been compiled by the imam madzhab are sadd adz-dzari'ah.

Findings - Based on the research results, it can be concluded that domestic violence is an intermediary or dzari'ah that can cause greater harm that must be prevented.

Research implications - So the presence of the PKDRT Law is following the concept of sadd adz-dzari'ah because it is a prevention of domestic violence so as not to cause greater harm.

Resolving the Problems of Early Marriage in the Religious Courts: An Analysis of the Assessment of the Institute for the Protection of Women and Children

Achmad Najib, Sakirman, Husnul Fatarib — Sun, 30 Jun 2024 00:00:00 +0000

Purpose – The main purpose of this research article is to analyze the significance of the assessment conducted by the Gunung Sugih Women and Children Protection Agency (LPPA) on marriage dispensation applications at the Gunung Sugih Class I B Religious Court.

Methods – The Class 1B Gunung Sugih Religious Court serves as the location of a specific type of field research. This research used a juridical-empirical approach to gather information. Primary and secondary sources were used as data sources. Judges in charge of reviewing marriage dispensation cases and LPPAs who provided recommendations for judgment were the primary data sources. In contrast, all data not obtained from primary sources were considered secondary data sources in this study.

Findings – The Women and Child Protection Agency (LPPA) of Gunung Sugih plays an important role in the marriage dispensation application process at the Religious Court Class I B Gunung Sugih. Their assessment is crucial as they conduct a thorough evaluation of the prospective bride and groom, taking into account their understanding of religious issues, psychological readiness, mental well-being, commitment to their future children, the stability of their children, and the family's financial situation. The ultimate goal is to ensure that decisions regarding marriage dispensation are taken following the principle of maslahah, which prioritizes the long-term welfare of both individuals and society.

The Divorce Phenomenon in Cenggu Village: Psychological Impact and Childcare Responsibilities

Rabiatul Adawiah — Sun, 30 Jun 2024 00:00:00 +0000

Purpose – Islam allows divorce if the household is truly untenable due to continuous conflict. However, there are many things that must be considered after the divorce, such as the ex-wife's right to maintenance and childcare. The most vulnerable party to the negative impact of divorce is the child, especially the psychological impact. This article aims to determine the psychological impact of children and parental care responsibilities after divorce in Cenggu Village.

Methods – This research is descriptive-analytical qualitative research with a juridical-empirical approach. Primary data in the study are families who have divorced in Cenggu Village including husbands, wives, and children. Secondary data in this study are references from journals, books, and theses. The data collection techniques used are observation and interview.

Findings – The results showed that divorce in Cenggu Village was caused by three factors, namely: domestic violence, economic factors, and infidelity. The impact of divorced parents on children is that children become insecure when they are in the surrounding environment, divorce becomes a mental burden for children. Lack of attention and affection for children due to parental divorce causes feelings of anxiety, confusion, shame, and sadness. Meanwhile, regarding children's education after divorce, this is a shared responsibility, between a mother, father, family members, and the community in which they live.

Research implications/limitations – Based on the results of the study, researchers recommend strengthening harmonious family values through socialization by related parties, for example the government through religious instructors.

Marriage Dispute Resolution in Muslim Populated Countries: A Comparative Study of Divorce Law in Indonesia and Singapore

Mohammad Ainul Hakim Hakim — Sat, 10 Aug 2024 00:00:00 +0000

Purpose – The issue of reasons for divorce is an interesting discussion to study. In Indonesia, the reason for divorce that is mostly submitted by parties who want to divorce is the dispute between husband and wife. The reason for divorce in Law No. 1 of 1974 is Article 39 paragraph (2), and husband and wife disputes are included as reasons for divorce in the law. Meanwhile, in Singapore, the factors contributing to divorce between husband and wife are also mostly due to husband and wife disputes. The grounds for divorce in Singapore are regulated in Article 49 AMLA 1966 concerning fasakh.

Methods – Data collection methods using library research and descriptive-comparative data analysis. The data that has been collected is analyzed using Descriptive Comparative Law Theory.

Findings – The results of the research obtained that the provisions of the reasons for divorce under these two laws have differences and similarities. The difference is that Law No. 1 Year 1974 explicitly determines that the dispute between husband and wife is the reason for divorce, while Article 49 AMLA indicates that the provisions therein are factors in the occurrence of husband and wife disputes that are the cause of divorce. The similarity between these two laws is that they require husband and wife to participate in mediation or counseling when one of them files for divorce before proceeding to trial.

Research implications/limitations – Based on the conclusions reached, this research recommends the reconstruction of divorce law in Muslim countries. A multidisciplinary approach is expected to maximize the chances of the success of mediation in divorce cases.

Marriage Guardians in Indonesian and Algerian Legislation: A Comparative Analysis of the Concept of Maslahat and Gender Justice

Ghifari Hirza Firhan Ali — Mon, 12 Aug 2024 09:49:02 +0000

Purpose – The existence of guardians as a pillar of marriage has been regulated in family law in Muslim countries, two of which are Indonesia and Algeria. These two countries base each other on maslahat in formulating regulations regarding marriage guardians, but with different sociological realities and mazhab tendencies. This is due to the absence of qathi' nash that can be used as a basis for its determination. This study aims to comparatively analyze the provisions of marriage guardians in family law in Indonesia and Algeria in the concept of maslahat theory.

Methods – This research uses normative juridical research methods with a statutory approach (statue approach) and comparison (comparative approach). Data sources come from secondary data sources consisting of primary legal materials in the form of Law No.1 of 1974 concerning Marriage, Compilation of Islamic Law (KHI), and Family Code 1984 (Qanun Al Usrah). Meanwhile, secondary legal materials are obtained from books and scientific articles.

Findings – The results of this study indicate that the principle of the problematical provisions of marriage guardians is aimed at maintaining and safeguarding the rights of women under their guardianship. The Indonesian Marriage Law and KHI stipulate that the marriage guardian is a pillar in the marriage contract, and explains in detail the provisions relating to guardianship in marriage in line with the opinion of the majority of scholars on this matter. Meanwhile, in the Qanun Al Usrah Family Code 1984, the marriage guardian is also a pillar of the marriage contract, but it does not elaborate in detail on matters relating to guardianship in marriage. The Family Code 1984 also gives adult women the freedom to choose their guardian to be present in the marriage contract. This seems to make guardianship not one of the pillars of marriage in accordance with the Hanafiyah opinion. It appears that Algeria attempted to adopt all of the scholarly opinions in the Family Code 1984.

Research implications/limitations – Looking at the modern realities in the two Muslim countries, it is appropriate to make reforms to guardianship regulations that prioritize gender equality.