The culture of marriage varies from region to region, influenced by religion, customs, and community environment. One of them is the Merarik culture of the Sasak tribe in Lombok. This study aims to analyze the settlement of underage marriages and their legal consequences in the Merarik culture of the Sasak tribe in Merembu Village, West Lombok. The research method uses empirical legal methods and qualitative approaches with primary data from the research location and secondary data from reliable sources. Data collection techniques include observation, interviews, and document studies. The results showed that the process of settling underage marriages was carried out through negotiations and mediation involving village heads, religious leaders, and local communities. The legal consequences affect marital status, husband and wife, children, and property. Unregistered marriages are not recognized by the state, so the wife loses her rights if abandoned, divorced, or the husband dies. The child of the marriage only has a legal relationship with the mother and the mother's family, without a legal relationship with the father. Therefore, it is recommended that authorized institutions provide counseling on the importance of state-recognized marriages to prevent adverse effects in the future.
{"title":"THE LEGAL CONSEQUENCES OF UNDERAGE MARRIAGE IN THE MERARIQ CULTURE OF THE SASAK TRIBE IN MEREMBU VILLAGE, LABUAPI DISTRICT, WEST LOMBOK REGENCY","authors":"Ruslan Haerani","doi":"10.52496/mjhki.v2i1.33","DOIUrl":"https://doi.org/10.52496/mjhki.v2i1.33","url":null,"abstract":"The culture of marriage varies from region to region, influenced by religion, customs, and community environment. One of them is the Merarik culture of the Sasak tribe in Lombok. This study aims to analyze the settlement of underage marriages and their legal consequences in the Merarik culture of the Sasak tribe in Merembu Village, West Lombok. The research method uses empirical legal methods and qualitative approaches with primary data from the research location and secondary data from reliable sources. Data collection techniques include observation, interviews, and document studies. The results showed that the process of settling underage marriages was carried out through negotiations and mediation involving village heads, religious leaders, and local communities. The legal consequences affect marital status, husband and wife, children, and property. Unregistered marriages are not recognized by the state, so the wife loses her rights if abandoned, divorced, or the husband dies. The child of the marriage only has a legal relationship with the mother and the mother's family, without a legal relationship with the father. Therefore, it is recommended that authorized institutions provide counseling on the importance of state-recognized marriages to prevent adverse effects in the future.","PeriodicalId":513277,"journal":{"name":"Mawaddah: Jurnal Hukum Keluarga Islam","volume":"24 35","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141041359","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}
Jurnal Hukum, Keluarga Islam, Nafachatul Firdausi Nuzula, Mohammad Naufal, Dian Rafiqa Rizky, Uin Sunan, Kalijaga Yogyakarta, Hukum Islam
Islamic law has existed in the territory of Indonesia since the Muslims settled in Nusantara. Based on the opinions concluded at the Seminar on the Entry of Islam into Indonesia held in Medan in 1963. In the process of Islamization in Indonesia carried out by merchants through trade and marriage.The research in this journal comes from research into library data types that focus on the analysis of existing literature. This research does not involve collecting primary data through direct observations or experiments, but rather using written sources of information such as books, articles, and scientific publications.The Surakarta Residence has a legal system that has existed since the Mataram era and the Dutch Indian Governmentins the legal system under its supervision. Law is very closely linked to other fields, especially social and economic order. Keraton Surakarta has a government structure that inherited the reigns of Mataram II, Pajang and Demak.With such authority, the process of growth and development of the courts in various sections has their own uniqueness. Integration, or living side by side between custom and shara', is a settlement of conflict that occurs latently even manifest as studied in Aceh, Minangkabau, and in some places in South Sulawesi.
{"title":"ANALYSIS OF THE ROLE OF RELIGIOUS JUSTICE IN THE TIME OF THE SURAKARTA SULTANATE","authors":"Jurnal Hukum, Keluarga Islam, Nafachatul Firdausi Nuzula, Mohammad Naufal, Dian Rafiqa Rizky, Uin Sunan, Kalijaga Yogyakarta, Hukum Islam","doi":"10.52496/mjhki.v1i2.8","DOIUrl":"https://doi.org/10.52496/mjhki.v1i2.8","url":null,"abstract":"Islamic law has existed in the territory of Indonesia since the Muslims settled in Nusantara. Based on the opinions concluded at the Seminar on the Entry of Islam into Indonesia held in Medan in 1963. In the process of Islamization in Indonesia carried out by merchants through trade and marriage.The research in this journal comes from research into library data types that focus on the analysis of existing literature. This research does not involve collecting primary data through direct observations or experiments, but rather using written sources of information such as books, articles, and scientific publications.The Surakarta Residence has a legal system that has existed since the Mataram era and the Dutch Indian Governmentins the legal system under its supervision. Law is very closely linked to other fields, especially social and economic order. Keraton Surakarta has a government structure that inherited the reigns of Mataram II, Pajang and Demak.With such authority, the process of growth and development of the courts in various sections has their own uniqueness. Integration, or living side by side between custom and shara', is a settlement of conflict that occurs latently even manifest as studied in Aceh, Minangkabau, and in some places in South Sulawesi.","PeriodicalId":513277,"journal":{"name":"Mawaddah: Jurnal Hukum Keluarga Islam","volume":"289 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140792716","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}
Jurnal Hukum, Keluarga Islam, Alex Kusmardani, Ahmad Fathonih, Usep Saepullah
The ongoing family conflicts cannot be separated from the neglect of the position of the husband and wife in Islamic family law, known as nusūz. The purpose of this study is to understand Mufassireen's interpretation of nusyūz. This study is a qualitative research, a literature survey with an interdisciplinary approach - philosophical, Historical, psychological, sociological, and Islamic law approach - and a descriptive analysis from various sources such as tafsir, hadith, Islamic Yurisprudance, legal maxim and legislation. The meaning of nusyūz in al-Nisa 4:34 according to Mufassireen is similar. The difference between classical mufassirs and contemporary mufassirs is that classics allow and contemporary ones reject wife beating. There is also an interpretation of verse al-Nisa 128, where commentators argue that the husband's nusūz means relinquishing rights and obligations due to polygamy and unequal living, and the form of resolving the husband's nusūz is through advice and mediation. The judge's decision in resolving husband and wife nusu'us problems was the judge's reference to al-Baqarah paragraph 241, School Al-Dzahiriyah Article 39 paragraph 2 of Law Number 1 of 1974 concerning Marriage, Articles 149 and 241 Compilation of Islamic Law of 1991 as the implementation of takhsis al- qada is based on benefit which refers to the Islamic legal maxim Hukm al-Hakim Yarfa al-Khillaf, Tassaruf al-Imam Ra'iyah Ala Manut bi al-Maslahah.
{"title":"NUSHŪZ IN ISLAMIC FAMILY LAW","authors":"Jurnal Hukum, Keluarga Islam, Alex Kusmardani, Ahmad Fathonih, Usep Saepullah","doi":"10.52496/mjhki.v1i2.6","DOIUrl":"https://doi.org/10.52496/mjhki.v1i2.6","url":null,"abstract":"The ongoing family conflicts cannot be separated from the neglect of the position of the husband and wife in Islamic family law, known as nusūz. The purpose of this study is to understand Mufassireen's interpretation of nusyūz. This study is a qualitative research, a literature survey with an interdisciplinary approach - philosophical, Historical, psychological, sociological, and Islamic law approach - and a descriptive analysis from various sources such as tafsir, hadith, Islamic Yurisprudance, legal maxim and legislation. The meaning of nusyūz in al-Nisa 4:34 according to Mufassireen is similar. The difference between classical mufassirs and contemporary mufassirs is that classics allow and contemporary ones reject wife beating. There is also an interpretation of verse al-Nisa 128, where commentators argue that the husband's nusūz means relinquishing rights and obligations due to polygamy and unequal living, and the form of resolving the husband's nusūz is through advice and mediation. The judge's decision in resolving husband and wife nusu'us problems was the judge's reference to al-Baqarah paragraph 241, School Al-Dzahiriyah Article 39 paragraph 2 of Law Number 1 of 1974 concerning Marriage, Articles 149 and 241 Compilation of Islamic Law of 1991 as the implementation of takhsis al- qada is based on benefit which refers to the Islamic legal maxim Hukm al-Hakim Yarfa al-Khillaf, Tassaruf al-Imam Ra'iyah Ala Manut bi al-Maslahah.\u0000 ","PeriodicalId":513277,"journal":{"name":"Mawaddah: Jurnal Hukum Keluarga Islam","volume":"245 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140786247","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}
Jurnal Hukum, Keluarga Islam, Muhamad Nur Muhajir, Muhammad Ainun Luthfi, Siti Kholisoh, Esty Faatinisa, Hukum Keluarga, Universitas Islam, Muhammadiyah Bandung
Law no. 35 of 2014 focuses on children's rights and protection, including the right to receive good education and care. In this context, parents play an important role in educating and ensuring that children's rights are fulfilled. On the other hand, Islamic law also emphasizes the importance of the role of parents in children's education. There are many verses and hadiths that talk about the importance of educating children in a correct and fair way. The aim of this research is to explain and examine the role of parents in educating children according to Law no. 35 of 2014 concerning Child Protection and Islamic Law. The research method used is a literature study, where the author examines various sources, including legal texts and religious texts, and involves interviews or surveys with parents to understand how they apply these laws and principles in educating their children. . The results of the research will include findings on how these laws are implemented in practice, as well as recommendations for how these laws can be more effectively implemented.
{"title":"THE ROLE OF PARENTS IN EDUCATING CHILDREN ACCORDING TO LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION AND ISLAMIC LAW","authors":"Jurnal Hukum, Keluarga Islam, Muhamad Nur Muhajir, Muhammad Ainun Luthfi, Siti Kholisoh, Esty Faatinisa, Hukum Keluarga, Universitas Islam, Muhammadiyah Bandung","doi":"10.52496/mjhki.v1i2.12","DOIUrl":"https://doi.org/10.52496/mjhki.v1i2.12","url":null,"abstract":"Law no. 35 of 2014 focuses on children's rights and protection, including the right to receive good education and care. In this context, parents play an important role in educating and ensuring that children's rights are fulfilled. On the other hand, Islamic law also emphasizes the importance of the role of parents in children's education. There are many verses and hadiths that talk about the importance of educating children in a correct and fair way. The aim of this research is to explain and examine the role of parents in educating children according to Law no. 35 of 2014 concerning Child Protection and Islamic Law. The research method used is a literature study, where the author examines various sources, including legal texts and religious texts, and involves interviews or surveys with parents to understand how they apply these laws and principles in educating their children. . The results of the research will include findings on how these laws are implemented in practice, as well as recommendations for how these laws can be more effectively implemented.","PeriodicalId":513277,"journal":{"name":"Mawaddah: Jurnal Hukum Keluarga Islam","volume":"32 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140764097","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}
Jenal Wahidin, Diana Farid, Muhammad Husni Abdulah Pakarti, Iffah Fathiah, Kemal Al Kautsar Mabruri
The inheritance rights of children from unregistered marriages is an important aspect of the Compilation of Islamic Law. Although legal marriages should be registered, there are many cases where unregistered marriages can have legal consequences, especially regarding the inheritance rights of children. This research aims to explore the understanding of the inheritance rights of children from unregistered marriages in accordance with the provisions in the Compilation of Islamic Law. This research uses a qualitative research method with a normative juridical approach that is carried out based on legislation which in this case includes kuhperdata, Law No. 1 of 1974. Data is obtained from sources of Law, Civil Code and journals. Data analysis is carried out to filter the data obtained and collected according to its type and finally draw conclusions from the findings obtained. The results showed that, the inheritance status of children from irri marriage according to the Marriage Law can only be obtained from the mother and her mother's family, but after the decision of the Constitutional Court, extra-marital children can get inheritance rights from their father if it can be proven legally and clearly that he has a blood relationship with his biological father. Meanwhile, the inheritance rights of irri marriage according to the Compilation of Islamic Law remain in accordance with their position which states that they only have a nasab relationship and inheritance relationship with their mother and their mother's family but not with their father. Parents can apply for itsbat, the determination of isbat nikah is the emergence of inheritance that gets legal protection because of the kinship or nasab relationship between the person who inherits and the person who inherits caused by birth. So children born in marriage are entitled to inheritance from their parents. If there is a rejection of itsbat nikah, the status of the child from the siri marriage does not have legal force. So children from irri marriages are not entitled to receive inheritance from their father.
{"title":"THE INHERITANCE RIGHTS OF CHILDREN FROM MARRIAGE ARE NOT RECORDED ACCORDING TO THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW","authors":"Jenal Wahidin, Diana Farid, Muhammad Husni Abdulah Pakarti, Iffah Fathiah, Kemal Al Kautsar Mabruri","doi":"10.52496/mjhki.v1i2.15","DOIUrl":"https://doi.org/10.52496/mjhki.v1i2.15","url":null,"abstract":"The inheritance rights of children from unregistered marriages is an important aspect of the Compilation of Islamic Law. Although legal marriages should be registered, there are many cases where unregistered marriages can have legal consequences, especially regarding the inheritance rights of children. This research aims to explore the understanding of the inheritance rights of children from unregistered marriages in accordance with the provisions in the Compilation of Islamic Law. This research uses a qualitative research method with a normative juridical approach that is carried out based on legislation which in this case includes kuhperdata, Law No. 1 of 1974. Data is obtained from sources of Law, Civil Code and journals. Data analysis is carried out to filter the data obtained and collected according to its type and finally draw conclusions from the findings obtained. The results showed that, the inheritance status of children from irri marriage according to the Marriage Law can only be obtained from the mother and her mother's family, but after the decision of the Constitutional Court, extra-marital children can get inheritance rights from their father if it can be proven legally and clearly that he has a blood relationship with his biological father. Meanwhile, the inheritance rights of irri marriage according to the Compilation of Islamic Law remain in accordance with their position which states that they only have a nasab relationship and inheritance relationship with their mother and their mother's family but not with their father. Parents can apply for itsbat, the determination of isbat nikah is the emergence of inheritance that gets legal protection because of the kinship or nasab relationship between the person who inherits and the person who inherits caused by birth. So children born in marriage are entitled to inheritance from their parents. If there is a rejection of itsbat nikah, the status of the child from the siri marriage does not have legal force. So children from irri marriages are not entitled to receive inheritance from their father.","PeriodicalId":513277,"journal":{"name":"Mawaddah: Jurnal Hukum Keluarga Islam","volume":"50 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140795979","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}
Jurnal Hukum, Keluarga Islam, Koidin, I. N. Aen, Fauzan Ali Rasyid, Syahrul Anwar, Ahmad Hasan Ridwan, Uin Sunan, Gunung Djati, Bandung
This research starts from the fact that shows the high divorce rate in Indonesia, this is evidence of the absence of household harmony that is not sufficient before entering into marriage, so the State is responsible as ordered by law, for the welfare of its people, making their households happy and eternal, that is where the State must be present and act to realize the households of its people happy and prosperous, one of which is by establishing premarital education early on as a concrete step to reduce the high divorce rate in Indonesia. The purpose of this study is to determine and analyze the optimal function of BP4 in tackling the divorce rate, the divorce rate in the PTA Bandung area 2017 to 2022, the function of BP4 in relation to the competence of judges, and BP4's efforts to reduce the divorce rate in the PTA Bandung area. The results of this study indicate that, First, Optimizing the Function of the Marriage Counseling, Guidance, Preservation Agency in relation to the high divorce rate in the Bandung PTA area, including: enhancing and improving the quality of marriage and happy families, preventing underage marriage, preventing unhealthy polygamy, and providing information advice in guidance to those concerned about Nikah, Talak and Rujuk (NTR) issues, especially for broken home households.
{"title":"OPTIMIZATION OF THE PERFORMANCE OF THE MARRIAGE ADVISORY, GUIDANCE, PRESERVATION AGENCY (BP4) IN RELATION TO THE DIVORCE RATE IN THE BANDUNG HIGH RELIGIOUS COURT (PTA) AREA","authors":"Jurnal Hukum, Keluarga Islam, Koidin, I. N. Aen, Fauzan Ali Rasyid, Syahrul Anwar, Ahmad Hasan Ridwan, Uin Sunan, Gunung Djati, Bandung","doi":"10.52496/mjhki.v2i1.29","DOIUrl":"https://doi.org/10.52496/mjhki.v2i1.29","url":null,"abstract":"This research starts from the fact that shows the high divorce rate in Indonesia, this is evidence of the absence of household harmony that is not sufficient before entering into marriage, so the State is responsible as ordered by law, for the welfare of its people, making their households happy and eternal, that is where the State must be present and act to realize the households of its people happy and prosperous, one of which is by establishing premarital education early on as a concrete step to reduce the high divorce rate in Indonesia. The purpose of this study is to determine and analyze the optimal function of BP4 in tackling the divorce rate, the divorce rate in the PTA Bandung area 2017 to 2022, the function of BP4 in relation to the competence of judges, and BP4's efforts to reduce the divorce rate in the PTA Bandung area. The results of this study indicate that, First, Optimizing the Function of the Marriage Counseling, Guidance, Preservation Agency in relation to the high divorce rate in the Bandung PTA area, including: enhancing and improving the quality of marriage and happy families, preventing underage marriage, preventing unhealthy polygamy, and providing information advice in guidance to those concerned about Nikah, Talak and Rujuk (NTR) issues, especially for broken home households.","PeriodicalId":513277,"journal":{"name":"Mawaddah: Jurnal Hukum Keluarga Islam","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140768979","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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