Pub Date : 2019-06-03DOI: 10.15642/alhukama.2019.9.1.103-129
Muhammad Agung Ilham Affarudin
Regent Regulations (Perbup) of Gunungkidul Number 36 Year 2015 Concerning Prevention of Marriage at the Age of Child is a special regulation regarding the efforts, programs, actions, activities used by the government agencies of Gunungkidul Regency in order to prevent and reduce the number of marriages at the age of child. Wonosari Religious Court statistics show a decrease in the number of submissions for marriage dispensations from 2015 to 2017 after the enactment of this regulation. In 2015 there were 109 cases of marriage dispensation, in 2016 there were 85 cases of marriage dispensation, in 2017 there were 65 cases of marriage dispensation. In its implementation, this regulation has benefits because it forms the basis of human life (maslahah dharuriyyah). This regulation has also answered the problems that humans need to eliminate the difficulties they face (maslahah hajiyyah). In addition, this regulation has preserved the wisdom and goodness of manners and social and cultural beauty (maslahah tahsiniyyah). Seen from its implementation, Perbup Gunungkidul Number 36 of 2015 concerning Prevention of Marriage at the Age of Child is in accordance with the principles of problem solving.
{"title":"Implementasi Peraturan Bupati Gunungkidul Nomor 36 Tahun 2015 Tentang Pencegahan Perkawinan Pada Usia Anak dalam Perspektif Maslahah Mursalah","authors":"Muhammad Agung Ilham Affarudin","doi":"10.15642/alhukama.2019.9.1.103-129","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.1.103-129","url":null,"abstract":"Regent Regulations (Perbup) of Gunungkidul Number 36 Year 2015 Concerning Prevention of Marriage at the Age of Child is a special regulation regarding the efforts, programs, actions, activities used by the government agencies of Gunungkidul Regency in order to prevent and reduce the number of marriages at the age of child. Wonosari Religious Court statistics show a decrease in the number of submissions for marriage dispensations from 2015 to 2017 after the enactment of this regulation. In 2015 there were 109 cases of marriage dispensation, in 2016 there were 85 cases of marriage dispensation, in 2017 there were 65 cases of marriage dispensation. In its implementation, this regulation has benefits because it forms the basis of human life (maslahah dharuriyyah). This regulation has also answered the problems that humans need to eliminate the difficulties they face (maslahah hajiyyah). In addition, this regulation has preserved the wisdom and goodness of manners and social and cultural beauty (maslahah tahsiniyyah). Seen from its implementation, Perbup Gunungkidul Number 36 of 2015 concerning Prevention of Marriage at the Age of Child is in accordance with the principles of problem solving.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126303048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.15642/ALHUKAMA.2019.9.01.75-102
Rifdatus Sholihah
This article discusses the law of preventing pregnancy from the perspective of Imam Ghazali and Sheikh Abdullah bin Baaz. Preventing pregnancy according to Islamic law is permissible. Delaying pregnancy means preventing the pregnancy temporarily, to give a distance to the previous birth. While limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children. Pregnancy restrictions like this, are not allowed. Shaykh Abdullah bin Baaz argues that preventing pregnancy, either by 'azl, pills, condoms, and so on is basically haram because it is contrary to maqasid shari'ah, which limits the existence of offspring, but then there are exceptions that make the law permissible, namely because the existence of a dharurat. This is different from Imam Ghazali's assertion, that the Family Planning law which is based on the ‘azl law is permissible because there is no text that shows the prohibition.
本文从伊玛目加扎里和谢赫阿卜杜拉·本·巴兹的角度讨论了防止怀孕的法律。根据伊斯兰教法，禁止怀孕是允许的。延迟怀孕是指暂时不怀孕，与前一次生育保持距离。而限孕则是指在生育了一定数量的孩子后永远不怀孕。这样的怀孕限制是不允许的。谢赫·阿卜杜拉·本·巴兹(Shaykh Abdullah bin Baaz)认为，通过阿兹尔(azl)、避孕药、避孕套等手段来防止怀孕基本上是非法的，因为这违反了限制后代存在的伊斯兰教法(maqasid shari’ah)，但也有例外，这条法律是允许的，也就是说，因为dharurat的存在。这与伊玛目Ghazali的主张不同，他的主张是，以azl法为基础的计划生育法是允许的，因为没有明文禁止。
{"title":"Hukum Mencegah Kehamilan Perspektif Imam Ghazali dan Syekh Abdullah Bin Baaz","authors":"Rifdatus Sholihah","doi":"10.15642/ALHUKAMA.2019.9.01.75-102","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2019.9.01.75-102","url":null,"abstract":"This article discusses the law of preventing pregnancy from the perspective of Imam Ghazali and Sheikh Abdullah bin Baaz. Preventing pregnancy according to Islamic law is permissible. Delaying pregnancy means preventing the pregnancy temporarily, to give a distance to the previous birth. While limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children. Pregnancy restrictions like this, are not allowed. Shaykh Abdullah bin Baaz argues that preventing pregnancy, either by 'azl, pills, condoms, and so on is basically haram because it is contrary to maqasid shari'ah, which limits the existence of offspring, but then there are exceptions that make the law permissible, namely because the existence of a dharurat. This is different from Imam Ghazali's assertion, that the Family Planning law which is based on the ‘azl law is permissible because there is no text that shows the prohibition.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"2009 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127335673","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.15642/alhukama.2019.9.1.130-148
Ulil Manaqib
This article discusses the juridical analysis of the reasons for the discovery of a fake novum as the basis of a second review in a civil case. This study aims to answer the question of how are the reasons for the discovery of a fake novum as the basis for a second review in a civil case? and how are the legal analysis of a reason for the discovery of a fake novum as a the basis for a second review in a civil case. The reason for receiving the second review in the civil case is based on the discovery of a novum which was declared false by the Criminal Judge of the Bandung District Court that has inkracht, is a reason that falls within the criteria of Article 67 letter (a) which reads: “If the decision is based on a lie or a ruse the opposing party that is known after the case has been decided or based on evidence which is later declared to be false by the criminal judge”, is not classified as a reason for finding novum or the reason there are two conflicting judicial decisions. Secondly, the second review in the pedata and criminal case is only limited to the reason that there are two Judicial Decisions that are interrelated with one another (SEMA Number 10 Year 2009), so in addition to these reasons, the Supreme Court has never issued a policy related to the second mechanism Judicial Review, including on the grounds that a novum has been legally and convincingly found false by a public court.
{"title":"Analisis Yuridis Terhadap Alasan Penemuan Novum Palsu Sebagai Dasar Peninjauan Kembali Kedua dalam Perkara Perdata","authors":"Ulil Manaqib","doi":"10.15642/alhukama.2019.9.1.130-148","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.1.130-148","url":null,"abstract":"This article discusses the juridical analysis of the reasons for the discovery of a fake novum as the basis of a second review in a civil case. This study aims to answer the question of how are the reasons for the discovery of a fake novum as the basis for a second review in a civil case? and how are the legal analysis of a reason for the discovery of a fake novum as a the basis for a second review in a civil case. The reason for receiving the second review in the civil case is based on the discovery of a novum which was declared false by the Criminal Judge of the Bandung District Court that has inkracht, is a reason that falls within the criteria of Article 67 letter (a) which reads: “If the decision is based on a lie or a ruse the opposing party that is known after the case has been decided or based on evidence which is later declared to be false by the criminal judge”, is not classified as a reason for finding novum or the reason there are two conflicting judicial decisions. Secondly, the second review in the pedata and criminal case is only limited to the reason that there are two Judicial Decisions that are interrelated with one another (SEMA Number 10 Year 2009), so in addition to these reasons, the Supreme Court has never issued a policy related to the second mechanism Judicial Review, including on the grounds that a novum has been legally and convincingly found false by a public court.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132568004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.15642/ALHUKAMA.2019.9.01.195-230
Miftah Bil Ibad
This article discusses interfaith marriage law according to the fatwa of the Indonesian Ulema Council and Muhammadiyah. According to the MUI’s fatwa, interfaith marriages are unlawful with the proposition of chapter of al-Baqarah verse 221. While Muhammadiyah believes interfaith marriages are permissible on the basis of al-Maidah verse 5. MUI forbids interfaith marriages because it can lead to conflicts between Muslims and cause unrest in the community. Muhammadiyah allows interfaith marriages because in Islamic history it is known that the Prophet Muhammad was married to a Christian woman from Egypt, namely Maria al-Qibthiyyah. Some of the Companions of the Prophet also married the women of the Book. MUI equates ahlu al-Kitab (Nashrani and Jewish) including the category of polytheists, while Muhammadiyah considers that women from ahlu al-Kitab does not include polytheists as stated in chapter al-Baqarah verse 221. This is because according to Muhammadiyah there are many verses that distinguish between ahlu al-Kitab and polytheism by considering the linguistic analysis in chapter al-Baqarah verse 105 and al-Bayyinah verse 1.
{"title":"Perkawinan Beda Agama Perspektif Majelis Ulama Indonesia dan Muhammadiyah","authors":"Miftah Bil Ibad","doi":"10.15642/ALHUKAMA.2019.9.01.195-230","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2019.9.01.195-230","url":null,"abstract":"This article discusses interfaith marriage law according to the fatwa of the Indonesian Ulema Council and Muhammadiyah. According to the MUI’s fatwa, interfaith marriages are unlawful with the proposition of chapter of al-Baqarah verse 221. While Muhammadiyah believes interfaith marriages are permissible on the basis of al-Maidah verse 5. MUI forbids interfaith marriages because it can lead to conflicts between Muslims and cause unrest in the community. Muhammadiyah allows interfaith marriages because in Islamic history it is known that the Prophet Muhammad was married to a Christian woman from Egypt, namely Maria al-Qibthiyyah. Some of the Companions of the Prophet also married the women of the Book. MUI equates ahlu al-Kitab (Nashrani and Jewish) including the category of polytheists, while Muhammadiyah considers that women from ahlu al-Kitab does not include polytheists as stated in chapter al-Baqarah verse 221. This is because according to Muhammadiyah there are many verses that distinguish between ahlu al-Kitab and polytheism by considering the linguistic analysis in chapter al-Baqarah verse 105 and al-Bayyinah verse 1.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"45 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134562445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.15642/alhukama.2019.9.1.47-75
Ahmad Mahrus
This article is a field research to answer the role of community leaders as mediators in the settlement of inheritance disputes in Wonosalam, Demak and how the legal power of resolving inheritance disputes through mediator community leaders in Wonosalam, Demak. Research data are collected through interviews and observations, then are analyzed with descriptive analytical techniques with inductive thought pattern. Wonosalam community leaders have an important role in the settlement of inheritance disputes, namely as a mediator, including: opening and leading the mediation process, explaining and determining the heirs' parts, providing the best advice and solutions, deciding and determining what has been agreed by the parties to the dispute, preventing the emergence of even bigger disputes, and still maintaining harmony and harmony in social life. The results of the settlement of inheritance disputes through mediators of community leaders in Wonosalam do not have an enforceable legal force, because they are not confirmed by making a peace certificate or a peace agreement letter, which is contained in: article 27 of the Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures and article 1851 Civil Code. Nevertheless, the determination of community leaders as mediators in the settlement of inheritance disputes is obeyed and implemented by the people of Wonosalam.
{"title":"Kekuatan Hukum Penyelesaian Sengketa Waris Melalui Mediator Tokoh Masyarakat di Desa Wonosalam Kecamatan Wonosalam Kabupaten Demak","authors":"Ahmad Mahrus","doi":"10.15642/alhukama.2019.9.1.47-75","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.1.47-75","url":null,"abstract":"This article is a field research to answer the role of community leaders as mediators in the settlement of inheritance disputes in Wonosalam, Demak and how the legal power of resolving inheritance disputes through mediator community leaders in Wonosalam, Demak. Research data are collected through interviews and observations, then are analyzed with descriptive analytical techniques with inductive thought pattern. Wonosalam community leaders have an important role in the settlement of inheritance disputes, namely as a mediator, including: opening and leading the mediation process, explaining and determining the heirs' parts, providing the best advice and solutions, deciding and determining what has been agreed by the parties to the dispute, preventing the emergence of even bigger disputes, and still maintaining harmony and harmony in social life. The results of the settlement of inheritance disputes through mediators of community leaders in Wonosalam do not have an enforceable legal force, because they are not confirmed by making a peace certificate or a peace agreement letter, which is contained in: article 27 of the Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures and article 1851 Civil Code. Nevertheless, the determination of community leaders as mediators in the settlement of inheritance disputes is obeyed and implemented by the people of Wonosalam.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122106443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.15642/alhukama.2019.9.1.149-171
Ahmad Zainuri
In implementing the works program of the Branch Management of Indonesian Islamic Students Movement of Malang Regency, for the sake of a good and interesting event, the owners of power use female activists to become workers. Women activists must carry out tasks that are not in accordance with their job descriptions, get coercion from fellow activists to carry out tasks that they themselves have not yet experienced and only try first, and the most striking is when female activists are not happy if there is a women's development program. The practice of exploitation of these women activists, seen in this article, uses Michel Foucault's body discipline theory. The body's discipline works as a normalization of behavior designed by utilizing the productive and reproductive abilities of the human body. The practice of power through disciplining the body, creates a situation where the individual body can internalize submission and make it look like a normal state. This practice is what Foucault calls the normalization of power over the individual body. Individuals will never feel that they are being used and subjugated because they already consider it to be within reasonable limits. It can also be said that this is a veiled exploitation.
{"title":"Ekploitasi Tubuh Aktivis Perempuan Pengurus Cabang Pergerakan Mahasiswa Islam Indonesia Kabupaten Malang","authors":"Ahmad Zainuri","doi":"10.15642/alhukama.2019.9.1.149-171","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.1.149-171","url":null,"abstract":"In implementing the works program of the Branch Management of Indonesian Islamic Students Movement of Malang Regency, for the sake of a good and interesting event, the owners of power use female activists to become workers. Women activists must carry out tasks that are not in accordance with their job descriptions, get coercion from fellow activists to carry out tasks that they themselves have not yet experienced and only try first, and the most striking is when female activists are not happy if there is a women's development program. The practice of exploitation of these women activists, seen in this article, uses Michel Foucault's body discipline theory. The body's discipline works as a normalization of behavior designed by utilizing the productive and reproductive abilities of the human body. The practice of power through disciplining the body, creates a situation where the individual body can internalize submission and make it look like a normal state. This practice is what Foucault calls the normalization of power over the individual body. Individuals will never feel that they are being used and subjugated because they already consider it to be within reasonable limits. It can also be said that this is a veiled exploitation.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128039942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-03-27DOI: 10.15642/alhukama.2019.9.2.433-458
Kurnia Pasa Dwi Putri, Adinda Dian Eka Saputri, N. Firdausi, Luthfia Chairun Nisa
Law in Indonesian has regulated the procedures for marriage, divorce, and reconciliation in Law No. 1 of 1974 concerning Marriage. And also stated in Law No. 22 of 1946 concerning the Recording of Divorce and Referrals. From the explanation contained in the positive law, it can be seen that the meaning of divorce is the breaking of the marriage ties of a married couple as a result of the failure to carry out the marriage due to several things such as death and court decisions. Divorce in law of Indonesian must be announced before the court. The pronouncement of divorce before the court is a mandate from article 115 of the Compilation of Islamic Law (KHI) which reads “Divorce can only be conducted in front of a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties.” But in fact, there are still many Indonesian people who do divorce not before the court. Divorce which is done outside the court is very negative, especially for the wife. Divorce is done only by word alone without going through a pledge in front of the court, then the state does not want to recognize the divorce, so that if the wife wants to remarry with another person, then it cannot be done because the wife does not have an official divorce certificate from the court.
{"title":"Analisis Yuridis Perceraian Luar Pengadilan di Desa Nyormanis Kecamatan Blega Kabupaten Bangkalan Madura","authors":"Kurnia Pasa Dwi Putri, Adinda Dian Eka Saputri, N. Firdausi, Luthfia Chairun Nisa","doi":"10.15642/alhukama.2019.9.2.433-458","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.2.433-458","url":null,"abstract":"Law in Indonesian has regulated the procedures for marriage, divorce, and reconciliation in Law No. 1 of 1974 concerning Marriage. And also stated in Law No. 22 of 1946 concerning the Recording of Divorce and Referrals. From the explanation contained in the positive law, it can be seen that the meaning of divorce is the breaking of the marriage ties of a married couple as a result of the failure to carry out the marriage due to several things such as death and court decisions. Divorce in law of Indonesian must be announced before the court. The pronouncement of divorce before the court is a mandate from article 115 of the Compilation of Islamic Law (KHI) which reads “Divorce can only be conducted in front of a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties.” But in fact, there are still many Indonesian people who do divorce not before the court. Divorce which is done outside the court is very negative, especially for the wife. Divorce is done only by word alone without going through a pledge in front of the court, then the state does not want to recognize the divorce, so that if the wife wants to remarry with another person, then it cannot be done because the wife does not have an official divorce certificate from the court.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123464363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-03-25DOI: 10.15642/alhukama.2019.9.2.347-372
Muh. Fathoni Hasyim
Marriage is a very important and sacred event in married life. Marriage is a legitimate starting point to establish kinship and brotherhood of the two extended families. So, it’s not uncommon for a wedding to be enlivened by a lively party, spending a very large budget. Nevertheless, there is a certain community in Madura that ignores it, so it does not record it in the official institution, the KUA (the Office of Religious Affairs). Even though marriage registration brings benefit, justice and protection of civil rights as well as preventive measures in preventing unawareness, so that the MWC NU of Gapura, Sumenep runs a program called “Mass Isbat Nikah”. The above problems raise two questions. Why do many isbat of marriage occur in a married couple? and how is the implementation? The review of this article will focus on how the implementation of mass marital marriage in Madura with socio-philosophical analysis.
{"title":"Implementasi Isbat Nikah Massal di Madura: Kajian Sosiologis-Filosofis","authors":"Muh. Fathoni Hasyim","doi":"10.15642/alhukama.2019.9.2.347-372","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.2.347-372","url":null,"abstract":"Marriage is a very important and sacred event in married life. Marriage is a legitimate starting point to establish kinship and brotherhood of the two extended families. So, it’s not uncommon for a wedding to be enlivened by a lively party, spending a very large budget. Nevertheless, there is a certain community in Madura that ignores it, so it does not record it in the official institution, the KUA (the Office of Religious Affairs). Even though marriage registration brings benefit, justice and protection of civil rights as well as preventive measures in preventing unawareness, so that the MWC NU of Gapura, Sumenep runs a program called “Mass Isbat Nikah”. The above problems raise two questions. Why do many isbat of marriage occur in a married couple? and how is the implementation? The review of this article will focus on how the implementation of mass marital marriage in Madura with socio-philosophical analysis. \u0000 \u0000 ","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132910255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-03-17DOI: 10.15642/alhukama.2019.9.2.325-346
Hawa’ Hidayatul Hikmiyah
The ideology of a wife in finding a new wife for her husband is considered to be another behavior of most wives in general. Every wife will not want to be polygamy by her husband, but in contrast to the behavior of the wives in the polygamy community is destiny, the majority of wives in the community are competing in achieving God's blessing by finding a new wife for her husband. The wife's behavior is not in the context of pressure from anywhere, which means finding a new wife for the husband purely from his own initiative. With the afterlife orientation, the wives seek, choose and also prepare the husband's marriage with a new wife. There are several motives that influence the idiosyncracy of these wives, including economic, religious, traditional and political motives. In the gender context of a marriage must meet four indicators namely access must be owned by each husband and wife in the family, get a fair role for what the husband and wife do, exercise the same rights and obligations especially in decision making in the family, and benefit from each other in domestic life. In practice polygamy families will have difficulty meeting the four indicators above. Because initially in the condition of the household not always together so that it will affect access, the division of family roles and responsibilities, especially in making all household decisions. Even though there are several motives in polygamy initiated by the wife, it will still have an impact that is vulnerable to family conflicts.
{"title":"Idiosinkrasi Istri dalam Mencarikan Pasangan Baru Bagi Suami Perspektif Gender","authors":"Hawa’ Hidayatul Hikmiyah","doi":"10.15642/alhukama.2019.9.2.325-346","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.2.325-346","url":null,"abstract":"The ideology of a wife in finding a new wife for her husband is considered to be another behavior of most wives in general. Every wife will not want to be polygamy by her husband, but in contrast to the behavior of the wives in the polygamy community is destiny, the majority of wives in the community are competing in achieving God's blessing by finding a new wife for her husband. The wife's behavior is not in the context of pressure from anywhere, which means finding a new wife for the husband purely from his own initiative. With the afterlife orientation, the wives seek, choose and also prepare the husband's marriage with a new wife. There are several motives that influence the idiosyncracy of these wives, including economic, religious, traditional and political motives. In the gender context of a marriage must meet four indicators namely access must be owned by each husband and wife in the family, get a fair role for what the husband and wife do, exercise the same rights and obligations especially in decision making in the family, and benefit from each other in domestic life. In practice polygamy families will have difficulty meeting the four indicators above. Because initially in the condition of the household not always together so that it will affect access, the division of family roles and responsibilities, especially in making all household decisions. Even though there are several motives in polygamy initiated by the wife, it will still have an impact that is vulnerable to family conflicts.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129213070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-03-17DOI: 10.15642/alhukama.2019.9.2.296-324
Amanda Zubaidah Aljarofi
This article discusses marital status in a family card that has a registered marriage and an unregistered marriage. The important question to be answered through this article is that the legal basis for making the marriage category has not been recorded as one of the marital status in the family card blank. The analysis is carried out using the applicable laws and regulations namely Law Number 1 of 1974 concerning Marriage, Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law, and Regulation of the Minister of Religion of the Republic of Indonesia Number 19 of 2018 concerning Marriage Registration. Changes in marital status in family card blanks regulated in Minister of Domestic Affairs Regulation Number 118 of 2017 concerning Family Card Blanks, Registration and Quotation of Civil Registration Deed, caused the Directorate General of Population and Civil Registration of the Ministry of Home Affairs of Indonesia to make the development of the population database change to SIAK 7. This change has caused the registration of marriages which initially functioned to guarantee legal order as instruments of legal certainty through proof of marriages, to be disorderly in the law. It is because in the long-term marriages have not been recorded and remain facilitated by the state through fulfillment of administrative rights.
{"title":"Kategori Perkawinan Belum Tercatat dalam Blangko Kartu Keluarga Perspektif Yuridis","authors":"Amanda Zubaidah Aljarofi","doi":"10.15642/alhukama.2019.9.2.296-324","DOIUrl":"https://doi.org/10.15642/alhukama.2019.9.2.296-324","url":null,"abstract":"This article discusses marital status in a family card that has a registered marriage and an unregistered marriage. The important question to be answered through this article is that the legal basis for making the marriage category has not been recorded as one of the marital status in the family card blank. The analysis is carried out using the applicable laws and regulations namely Law Number 1 of 1974 concerning Marriage, Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law, and Regulation of the Minister of Religion of the Republic of Indonesia Number 19 of 2018 concerning Marriage Registration. Changes in marital status in family card blanks regulated in Minister of Domestic Affairs Regulation Number 118 of 2017 concerning Family Card Blanks, Registration and Quotation of Civil Registration Deed, caused the Directorate General of Population and Civil Registration of the Ministry of Home Affairs of Indonesia to make the development of the population database change to SIAK 7. This change has caused the registration of marriages which initially functioned to guarantee legal order as instruments of legal certainty through proof of marriages, to be disorderly in the law. It is because in the long-term marriages have not been recorded and remain facilitated by the state through fulfillment of administrative rights.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"35 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133072769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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