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Legalitas Poligami; Studi Atas Aturan Praktik Poligami diberbagai Negara Islam 一夫多妻制的合法性;研究伊斯兰国家一夫多妻制的规则
Pub Date : 2022-04-27 DOI: 10.36420/asasi.v2i2.193
Luthfiyah Luthfiyah, Ali Imron Al-Farisyi
This article examines the existence of laws and regulations from various Islamic countries (only part of them). The study carried out is the existence of polygamy practices in various countries based on juridical law which is used with the aim of wanting to know the extent to which the implementation of the polygamy law is binding on each community with adherents of different religions and social conditions. The method used in this research is a normative juridical research with a statute approach. The results of this study indicate that there are fundamental differences from each country as an example, such as Indonesia, which is not an Islamic country, so it does not emphasize polygamy for its people, apart from that the principle of monogamy takes precedence. The difference is with the country of Somalia which is so loose in the practice of polygamy.
本文考察了各个伊斯兰国家存在的法律法规(只是其中的一部分)。所进行的研究是根据司法法在各国存在的一夫多妻制做法,其目的是想知道一夫多妻制法的执行在多大程度上对拥有不同宗教和社会条件的信徒的每个社区具有约束力。本研究采用的方法是一种具有成文法方法的规范性法学研究。这项研究的结果表明,每个国家都有根本的差异,例如印度尼西亚,它不是一个伊斯兰国家,所以它不强调一夫多妻制的人民,除了一夫一妻制的原则优先。不同之处在于索马里,该国实行一夫多妻制非常宽松。
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引用次数: 0
Upaya Istri Sebagai Wanita Karir Dalam Membentuk Keluarga Sakinah 妻子作为职业女性在组成一个Sakinah家庭方面的努力
Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.169
Akh Syamsul Muniri, Nur Shofa Ulfiyati
A wife as a career woman has both positive and negative impacts on their household life. Therefore, forming a sakinah family for career women certainly has many challenges and obstacles. So far, the stigma that is often attached to society that women must look beautiful, look beautiful, look gentle and be at home with enough to take care of the household can be considered as psychological violence. Thus, career women's efforts to build family harmony so that they become a sakinah family, the strategy is to maintain commitments obtained from agreements between husband and wife and good communication between husband, wife and children. It is this commitment and communication that is important for career women, because women who work in the domestic sector and in the public sector have limited time and energy to carry out the two roles they have. Therefore, career women need support from the closest people around them so that life continues to run harmoniously.
作为职业女性的妻子对家庭生活既有积极的影响,也有消极的影响。因此,对于职业女性来说,组建sakinah家庭当然有很多挑战和障碍。到目前为止,社会上经常附加的耻辱感是,女性必须长得漂亮,看起来漂亮,看起来温柔,在家有足够的时间照顾家庭,这可以被视为心理暴力。因此,职业妇女努力建立家庭和谐,使她们成为一个sakinah家庭,其战略是维持从丈夫和妻子之间的协议和丈夫、妻子和子女之间的良好沟通中获得的承诺。这种承诺和沟通对职业妇女来说是重要的,因为在家庭部门和公共部门工作的妇女只有有限的时间和精力来履行她们的两种作用。因此,职业女性需要身边最亲密的人的支持,这样生活才能继续和谐地运行。
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引用次数: 0
Tinjauan Fiqh ‘Urf Terhadap Praktik Perjanjian Perkawinan (Studi Empiris Adat Dayak Ngajudi Kota Palangka Raya) 《婚姻盟约》实践的Fiqh ' Urf概述(传统经验研究达亚克赌博城市帕洛阿尔托)
Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.195
Nurulia Shalehatun Nisa
Marriage agreements in Indonesia are regulated in the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and Law Number 1 of 1974 concerning Marriage (Marriage Law) jo. Decision of the Constitutional Court Number 69/PUU-XIII/2015 so that the marriage agreement is legal and lawful. The marriage agreement in the Dayak Ngaju indigenous people is called a symbol. Perlambang is one of a series of traditional Dayak Ngaju marriage procedures. This paper aims to analyze the practice of marriage agreements that grow and live to become a culture of the Dayak Ngaju indigenous people in Palangka Raya City when viewed from the point of view of 'Urf. This writing is the result of research qualitative or empirical studies.The marriage  agreement made to the Ngaju Dayak indigenous people has an important role, even though it is part of a series of traditional marriage rituals which in fact originates from the Hindu Kaharingan religion, but in its journey along with the introduction of Islam among the people, it has experienced various adaptations and adjustments to Islamic beliefs. . So that in practice, marriage agreements in the Dayak Ngaju customary community can still be carried out and benefited even by people who are Muslim.  
印度尼西亚的《民法典》(KUHPerdata)、《伊斯兰教法汇编》(KHI)和1974年关于婚姻的第1号法律(《婚姻法》)规定了婚姻协议。宪法法院第69/PUU-XIII/2015号决定,规定婚姻协议是合法的。在达亚克土著居民中,婚姻协议被称为一种象征。Perlambang是一系列传统的达雅族婚姻程序之一。本文旨在从“乌尔夫”的角度分析帕朗卡拉雅市达雅克·恩加朱土著人民的婚姻协议实践,并将其发展成为一种文化。这篇文章是研究定性或实证研究的结果。与Ngaju Dayak土著人民签订的婚姻协议具有重要作用,尽管它是一系列传统婚姻仪式的一部分,这些仪式实际上起源于印度教的Kaharingan宗教,但在伊斯兰教传入人民的过程中,它经历了对伊斯兰教信仰的各种适应和调整。因此,在实践中,达亚克·恩加朱习俗社区的婚姻协议仍然可以执行,即使是穆斯林也可以从中受益。
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引用次数: 0
Profetika Hukum Keluarga Islam Dalam UU Tindak Pidana Kekerasan Seksual 伊斯兰家庭法在性侵犯刑法中的教授
Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.146
M. Mohsi
Sexual harassment is unwanted sex-related approaches, including requests for sex, and other behavior that verbally or physically refers to sex. Sexual violence is an important topic that needs to be solved, given the high rate of sexual violence from year to year. The Law on the Elimination of Sexual Violence is a way that is expected by the Indonesian people as an umbrella of law and rule of law to take action against all forms of sexual crimes that plague Indonesian citizens. in this study tries to analyze the urgency and relevance of these rules for the development of law in Indonesia. reviewing regulations from the prophetic aspects of Islamic law and the reconstruction of Islamic law, as well as the spirit of legal moderation and responding to current issues related to forms of violence that befall society, especially children and women.
性骚扰是不受欢迎的与性有关的方式,包括性要求,以及其他口头或身体上涉及性的行为。鉴于每年的性暴力发生率都很高,性暴力是一个需要解决的重要话题。《消除性暴力法》是印度尼西亚人民所期望的一种方式,作为法律和法治的保护伞,对困扰印度尼西亚公民的一切形式的性犯罪采取行动。在本研究中,试图分析这些规则对印度尼西亚法律发展的紧迫性和相关性。从伊斯兰法律的预言方面和伊斯兰法律的重建方面审查条例,以及法律节制的精神,并对目前与降临社会的各种暴力形式有关的问题作出反应,特别是儿童和妇女。
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引用次数: 0
Hubungan Teori Hukum Dengan Praktik Penegakan Hukum Di Indonesia 法律理论与印尼执法实践的关系
Pub Date : 2022-04-20 DOI: 10.36420/asasi.v2i2.194
M. Holil
Indonesia is a state of law, all state apparatus must act in accordance with the law and all people who live within the scope of Indonesia must obey the law. However, the applicable law in Indonesia has not yet shown its effectiveness, so that the purpose of the law has not been properly achieved. The term that is very familiar is "the law is blunt up and sharp down", such is the law in Indonesia. The law is very binding and cruel to the common people, while it is as if the law does not apply to those in power. The law for rulers and people with money can be traded, as evidenced by the rampant bribery that occurred in the State of Indonesia. So in the eyes of society, the law will fall when there is money. One of the problems of law enforcement among the people of Indonesia is that the public is generally against the law, the law is very far from the word justice and the apparatus is arbitrary towards the common people.
印度尼西亚是一个法治国家,所有国家机构都必须依法行事,在印度尼西亚范围内生活的所有人都必须遵守法律。然而,印度尼西亚的适用法律尚未显示出其有效性,因此没有适当实现法律的目的。我们非常熟悉的术语是“法律是上钝下锐”,这就是印度尼西亚的法律。法律对普通人来说是非常有约束力和残酷的,而法律似乎不适用于当权者。统治者和有钱人的法律是可以交易的,印度尼西亚国家猖獗的贿赂就是明证。所以在社会的眼中,有了钱法律就会倒下。印尼人民在执法方面的一个问题是,公众普遍反对法律,法律与正义相去甚远,而执法机构对普通人是专断的。
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引用次数: 0
Mediasi Keluarga Islam Menurut Al-Qur’an Dan Tafsir Ibnu Kastir 伊斯兰家庭的调解,根据可兰经和伊本·卡斯提尔的解释
Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.111
Itsbat Itsbat
In life there are many conflicts that need to be straightened out. The fundamental factor that causes familial conflict in humans is the non-fulfillment of their interests as desired. Islam has provided a way of mediation in overcoming the conflict. In the Qur'an itself there are many verses that explain forms of mediation, one of which is conflict mediation in family disputes. Some scholars differ on the interpretation of the mediating verses in the Qur'an. Imam Abu Al-Fida 'bin Katsir Al-Qurasyi in his book Tafsir Ibn Kathir on the verse of mediation. There is a family dispute resolution process through a third party known as a hakam (mediator). There is also a settlement without a mediator, namely with the ishlah of both parties.
生活中有很多矛盾需要解决。导致人类家庭冲突的根本因素是他们的利益没有如愿以偿。伊斯兰教为克服冲突提供了一种调解方式。在《古兰经》中,有许多经文解释了调解的形式,其中之一是家庭纠纷中的冲突调解。一些学者对《古兰经》中介性经文的解释存在分歧。伊玛目Abu Al-Fida 'bin Katsir Al-Qurasyi在他的书《Tafsir Ibn Kathir》中谈到了调解的诗句。有一个家庭纠纷解决程序,通过一个被称为hakam(调解人)的第三方。也有一种没有调解人的解决办法,即与双方的伊什拉解决。
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引用次数: 0
Konstelasi Pemikiran Hukum Keluarga di Tunisia 突尼斯的家庭法律思想星座
Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.118
Fahmi Assulthoni
Tunisia is one of the many Muslim countries that continue to strive to build a family law system which is a permanent rule of law for Muslims. Both before and after Tunisia's independence, legal reforms were intensively carried out, including legal reforms in the field of family law. One of the laws implemented in Tunisia is the Tunisian Code of Personal Status (CPST) or other names Majallah Al-Akhwal Ash-Shakhshiyyah. The legal reforms carried out by Tunisia cannot be separated from the progressive thoughts that have colored family law policies which in the next stage will become state policies. This article is presented in a descriptive form using a literature study approach as the study material. The results of the study concluded that the Tunisian State carried out many Islamic family law policies based on the development of family law in the world and the needs of its citizens.
突尼斯是许多继续努力建立家庭法制度的穆斯林国家之一,家庭法制度是穆斯林的永久法治。突尼斯独立前后都进行了大量的法律改革,包括家庭法领域的法律改革。突尼斯实施的法律之一是《突尼斯个人地位法典》(CPST)或其他名称Majallah Al-Akhwal Ash-Shakhshiyyah。突尼斯进行的法律改革离不开影响家庭法政策的进步思想,这些政策在下一阶段将成为国家政策。本文采用文献研究法作为研究材料,以描述性的形式呈现。研究结果的结论是,突尼斯国家根据世界上家庭法的发展及其公民的需要执行了许多伊斯兰家庭法政策。
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引用次数: 0
Perlindungan Harta Kekayaan Dalam Pengaturan Perjanjian Perkawinan Di Indonesia 在印尼安排婚姻协议时保护财产
Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.112
Akh Syamsul Muniri, Nur Shofa Ulfiyati
The main purpose of marriage is the formation of an eternal, happy, and loving family between husband and wife. However, to anticipate the possibility of problems in marriage, of course a marriage agreement is needed, especially in the distribution of assets. The arrangement of the marriage agreement on the assets of husband and wife is in principle to provide legal protection for husband and wife against their property, if in the future they must divorce. However, the implementation of the marriage agreement as regulated in the Civil Code and Law no. 1 of 1974 concerning Marriage is still limited in time when making a marriage agreement. The legal reforms carried out by the Constitutional Court have given a time limit for the holding of a marriage agreement to be wider so that the factor of wanting to protect each other's property or protect themselves or their families from the threat of domestic violence can be anticipated through a marriage agreement.
婚姻的主要目的是在丈夫和妻子之间建立一个永恒的、幸福的、充满爱的家庭。然而,为了预测婚姻中可能出现的问题,当然需要一份婚姻协议,特别是在财产分配方面。关于夫妻财产的婚姻协议的安排,原则上是在将来夫妻必须离婚的情况下,为他们的财产提供法律保护。然而,执行《民法典》和《中华人民共和国民法典》规定的婚姻协议。1974年关于婚姻的第1号法律在订立婚姻协议时仍然有时间限制。宪法法院进行的法律改革规定了延长婚姻协议生效的时限,以便可以通过婚姻协议预见到想要保护彼此的财产或保护自己或其家庭免受家庭暴力威胁的因素。
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引用次数: 0
Perlindungan Hak Asasi Manusia Dalam Konsep Pembatasan Usia Pernikahan Pada Uu No 16 Tahun 2019 《保护人权》在2019年第16条婚姻年龄限制的概念上
Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.110
Ainullah Ainullah
The protection of human rights has a guarantee from the legal system in Indonesia. The Marriage Age Restriction regulated in Law No. 16 of 2019 is a new rule as a form of revision to natural rules. The latest regulation states that the age of marriage is nineteen years for both the prospective husband and the prospective wife. The results of the analysis show that the state has protected the rights of every citizen who wants to get married. Although the regulation has been promulgated through a new regulation, the state is still present in order to fulfill aspects of human rights, one of which is by enforcing marriage dispensation rules, for anyone who wants to marry under the age of marriage.
在印度尼西亚,人权的保护得到法律制度的保障。2019年第16号法律规定的结婚年龄限制是对自然规律的一种修正形式的新规定。最新的规定规定,未来的丈夫和未来的妻子的结婚年龄都是19岁。分析结果表明,国家保护了每个想要结婚的公民的权利。虽然该条例已通过新条例颁布,但国家仍然存在,以实现人权的各个方面,其中之一是通过执行婚姻豁免规则,对任何想要在结婚年龄以下结婚的人。
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引用次数: 0
Studi Fenomenologis Pernikahan Dini Dikalangan Santri Di Pondok Pesantren Wilayah Kecamatan Palengaan 桑翠在芒氏省寄宿学校的寄宿处对早婚现象的研究
Pub Date : 2021-10-15 DOI: 10.36420/asasi.v2i1.109
M. Muchlis
Early marriage among santri is a social phenomenon in society. This early age is more about the age of education that is being undertaken. the practice for santri is different from that among young people who incidentally ended up in divorce on the basis of previous research. while the santri based on their religious beliefs are better able to defend it. This study uses qualitative research with a phenomenological study approach to reduce individual experiences of phenomena to a description of an essence by presenting primary data, namely the results of observations, interviews, and documentation. Early marriage among the students of Islamic boarding schools in the Palengaan sub-district, some are married and continue their education or choose to drop out of education, some are married to be the choice of students with the blessing of both parents and teachers. The factors are the will of parents, family, lack of parental education, their own will even because of economic limitations to continue to higher education. The impact of early marriage is positive and negative, but what dominates more is the negative impact, especially the social impact related to social relationships to become a complete family in the social structure and the psychological impact that makes mender to take part because of the immature mental, spiritual and so on. encouraged by the age of the students who are still early.  
僧众早婚是一种社会现象。这个早期阶段更多的是正在接受教育的年龄。根据之前的研究,离婚的做法不同于那些偶然离婚的年轻人。而基于他们的宗教信仰的僧众更有能力捍卫它。本研究采用定性研究和现象学研究方法,通过呈现原始数据,即观察、访谈和文献的结果,将现象的个人经验简化为对本质的描述。Palengaan街道伊斯兰寄宿学校的学生早婚,有的结婚后继续接受教育,有的选择辍学,有的结婚后在家长和老师的祝福下成为学生的选择。这些因素有父母的意愿,家庭的意愿,父母教育的缺失,自己的意愿甚至因为经济的限制而继续接受高等教育。早婚的影响有正面和负面之分,但更主要的是负面影响,尤其是与社会关系有关的社会影响,在社会结构中成为一个完整的家庭,以及由于心智、精神等不成熟而使补习者参与其中的心理影响。受年龄鼓舞的同学们还早。
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引用次数: 0
期刊
ASASI: Journal of Islamic Family Law
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