Al-Syakhsiyyah: Journal of Law & Family Studies

Guarantee’s Right In Marriage By Perspective Of Women’s Study: A Gender Perspective

Nadhruna'im Abdilah — 2024-07-02

Departing from the shift in the meaning of ijbar which is identified with ikrah by most Indonesian people, especially in the gender perspective, the center for women's studies UIN Sunan Kalijaga, encourages researchers to conduct a study on the development of the implementation of ijbar rights in Indonesia today as well as legal regulations regarding the implementation of ijbar rights in marriage which are still a tradition in Indonesia and legal protection for women's human rights that have been degraded as a result of forced marriage as a consequence of the application of ijbar in a marriage. The type of research used is field research with a legal-formal approach. The results showed that the absolute right of ijbar thereafter should no longer be exercised in Indonesia after the birth of the Marriage Law and the Compilation of Islamic Law. From a number of chapters it is clear that the permission of the bride and groom, or prospective husband and wife, is an important component of the marriage itself. The concept of ijbar has a legal basis in fiqh, fiqh experts have different opinions about forced marriage (ijbar). Center for Women's Studies UIN Sunan Kalijaga provides two types of legal protection for women whose human rights are violated because of marriage with ijbar rights from the point of view of Islamic law. First, every woman has the same right to choose her partner. Second, a woman may ask her guardian's permission to marry her without his knowledge or consent.

Pemenuhan Hak Anak Pasca Perceraian Perspektif Hukum Positif dan Teori Tujuan Hukum Gustav Radbruch

Anisa Nur Kanifah — 2024-07-03

This research began with the problem of providing children with post-divorce rights which were not fulfilled by both parents. The aim of this research is to see the extent to which children's rights after divorce are implemented. This research is a type of qualitative field research. The approach used is normative juridical with a type of clinical research. The findings of this research show that explaining children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency from a positive legal perspective, of the 6 (six) residents who were used as informants in the parenting aspect, two informants were in compliance while the other four were not. The aspect of paying for a living (father) has been fulfilled by the father with all his efforts, but one informant enjoys the living carried out by the mother. Aspects of caring for children who are not mumayyiz yet with their mother, one is suitable while the other five are in the care of the father. Furthermore, the implementation of positive law regarding the granting of children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency, from the perspective of Gustav Radbruch's theory of legal objectives, in the aspect of legal justice regarding children who have the right to choose to live with their father/mother has not been implemented. In the aspect of legal benefits, some of it has been implemented, but regarding the care of children who are not yet mumayyiz, it has not been implemented well. While the aspect of legal certainty has not been implemented well, the value of certainty in obtaining support from the father has been implemented.

Understanding Interfaith Marriage: A Multidisciplinary Perspective

Lina Nur Anisa — 2024-07-03

Interfaith marriage is a phenomenon increasingly observed both in Indonesia and globally. This trend reflects broader social changes such as globalization, increased mobility, and greater cultural exchange. Although common, interfaith marriages present unique challenges that require comprehensive understanding from a multidisciplinary perspective. This research aims to explore interfaith marriage through theological, psychological, and sociological lenses to provide a holistic analysis of its complexities. The research approach is qualitative, utilizing library research involving the study or review of books and literature related to the topic discussed. The data collection technique used in this study is documentation. The data analysis techniques applied are content analysis, induction, and deduction. The findings of this study reveal that successful integration of religious identities in interfaith marriages involves open communication, mutual respect, and active engagement in the community. This study emphasizes the importance of supportive legal frameworks and educational initiatives in promoting social acceptance. These insights offer practical implications for interfaith couples, counselors, and policymakers, providing guidance for navigating the challenges of interfaith marriage and building harmonious relationships. By understanding the theological, psychological, and sociological dimensions of interfaith marriage, stakeholders can better support these unions and promote inclusive and respectful social norms.

Perspektif Qira'Ah Mubadalah Terhadap Sikap Posesif Istri Kepada Suami

Mahmudha Nurkhovivah — 2024-07-03

Domestic violence is a global problem, including in Indonesia, with a high This research started from a case of domestic violence which experienced disharmony in carrying out its rights and obligations resulting in a wife's possessive attitude towards her husband. The formulation of the problem in the research is 1. What is Qira>'ah Muba>dalah's perspective on forms of possessive attitudes of wives in interpersonal relationships between husband and wife in Kauman District, Ponorogo Regency? and 2. What is Qira'ah Muba>dalah's perspective on the rights and obligations of husband and wife in cases of possessive wives in Kauman District, Ponorogo Regency? This research is a type of qualitative field research. The analysis used in this research is descriptive analysis. The findings of this research show that the pattern of husband and wife relations in Kauman District, Ponorogo Regency, there is an imbalance in carrying out rights and obligations. The wife's possessive attitude creates discomfort and conflict, doubts the integrity of the family, and is contrary to the principle of Qira>'ah Muba>dalah. Marriage should be based on cooperation, mutual understanding, and balance in affection. A wife's possessive attitude which limits her husband in carrying out his obligations to earn a living can of course narrow the husband's career space and reduce his knowledge. This excessive control is not in line with Mubjadi's values which emphasize mutuality, partnership and cooperation. Gender equality is important to maintain family harmony.

Keterlibatan Hakim Perempuan Sebagai Pekerja Publik Sekaligus Istri Dalam Mencipatakan Keluarga Yang Harmonis Perspektif Hukum Islam

Alma Sari Gardeni — 2024-07-03

A female judge has a dual role when the judge is married. It's not just work that needs to be done. However, work as a wife and housewife must also be considered. A female judge certainly has high consequences for work. Not only is he responsible for his work, a judge must of course be ready to be transferred to various court areas throughout Indonesia. Moreover, a female judge, who is basically a woman, also plays an important role in the family, especially. For example, serving your husband and having to educate and give love to your children. The focus of the research is related to the role of female judges in earning a living and in creating family harmony when they have to be transferred to areas far from their families. This thesis is a qualitative research type of field research with a normative approach. Meanwhile, technical data collection involves conducting interviews and documentation. The analysis used in this research is descriptive analysis with an inductive method.

Implementasi Perbandingan Asas Equality Before The Law Dalam Sistem Peradilan Pidana Di Indonesia Dengan Negara Lain

Ahmad Ihsan Amri — 2024-07-03

Equality before the law is one of the most important and powerful principles in Indonesia's system of law enforcement. As a law-abiding state, certainly the application of this principle illustrates that every citizen has the same degree or position in the law without exception. The law presented no distinction for any party, it was expressly explained in chapter 27 of the verse (2) the 1945 law. The study aims to see if there is a link between the principle of equality before the law and Indonesia's criminal justice system and how it applies. In writing the study using the normative type of legal study method using the research approach: a legal approach, a conceptual approach and compartive approach. From this study, the conclusion is that the implemntation of equality before the law must be interpreted dynamically, not statically, both in Indonesia and other countries. This means that Indonesia, Jerman and Belanda view that equality before the law must be harmonized with the same treatment for everyone. Justice carried out by the state must provide benefits to all people, and the ask of law is to maintain justice so that it can reach all people without exception. Everyone has the same acces to justice regardless of whether they are rich or poor.

Eksistensi Hukum Pencatatan Perkawinan Dalam Reformasi Hukum Keluarga Di Dunia Islam

Andre Afrilian — 2024-07-03

Legal reforms carried out by Islamic countries since the beginning of the 20th century starting with Turkey in 1917, then Egypt (1920 and 1929), Jordan (1951), Syria (1953) and Tunisia in 1956 with the publication of the Code of Personal Status Law or Majallah al-Ahwal ash-Syakhsiyah. Then several countries in Asia such as Indonesia Malaysia and others. The material of family law reform in general is about marriage registration because it did not exist at the time of the prophet or the companions and the classical fiqh books. If reviewed, marriage registration has positive values for the sake of order and convenience in this modern era. This research is a library research that examines legal issues by relying on secondary materials, analyzing and then concluding using the theory of legal modernization. In this paper, the author tries to classify the provisions of marriage registration based on three sides, the law of marriage registration, sanctions and registration mechanisms in various Muslim countries and identify the extent to which some Islamic countries depart from the teachings of classical fiqh in reforming family law. The regulation of marriage registration is different in every Muslim country, some of which strictly enforce it so that it determines it as a crime for violators or only makes registration as an administrative requirement, while in terms of the mechanism it is also applied differently in each country.