PUTUSNYA PERKAWINAN AKIBAT SUAMI MENIKAH TANPA IZIN DARI ISTRI

Humani Jurnal Hukum dan Masyarakat Madani Pub Date : 2019-04-15 DOI:10.30743/jhk.v18i3.1184

Suhaila Zulkifli

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引用次数: 8

Abstract

Marriage is one of the Sunnahtullah that applies to all creatures created by Allah SWT, including humans, animals and plants. Marriage is defined as an agreement between men and women. Many families experience destruction because each individual runs without a clear guideline, as contained in Islamic teachings about marriage. Divorce is essentially a process in which the relationship between husband and wife does not meet harmony in marriage anymore. Regarding the definition of divorce, the marriage law does not regulate explicitly, but only determines that divorce is only one reason for the breakup of marriage besides other causes, namely death and court decisions. In this study, the author's team discussed a problem regarding the termination of marriage caused by a husband who is married without his wife's permission. The research is a normative juridical study using legislation review approach, and this study also applies primary, secondary and tertiary legal materials. The writing technique made by the writing team is descriptive analytical by which the obtained data is then arranged systematically to be subsequently analyzed to reach a conclusion. Keywords: marriage, polygamy, divorce

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未经妻子同意而结婚导致婚姻破裂

婚姻是圣训之一，适用于真主创造的所有生物，包括人类、动物和植物。婚姻被定义为男女之间的协议。许多家庭经历了破坏，因为每个人都没有明确的指导方针，就像伊斯兰教义中关于婚姻的教导一样。离婚本质上是夫妻关系不再满足婚姻和谐的过程。关于离婚的定义，《婚姻法》没有明确规定，只是确定离婚是除死亡和法院判决等其他原因外导致婚姻破裂的唯一原因。在这项研究中，作者的团队讨论了一个关于丈夫未经妻子同意而结婚而导致的婚姻终止问题。本研究是一项采用立法审查方法的规范性法律研究，本研究同时运用了一级、二级和三级法律资料。写作团队的写作技巧是描述性分析，将获得的数据系统地整理，然后进行分析以得出结论。关键词:婚姻，一夫多妻，离婚

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Humani Jurnal Hukum dan Masyarakat Madani

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24 weeks