5 research outputs found

    FENOMENA NIKAH SIRRI DITENGAH MASYARAKAT: STUDI KASUS DI DESA SEKOTONG TENGAH KECAMATAN SEKOTONG LOMBOK BARAT

    Get PDF
    Sirri marriage is a legally valid marriage because it fulfills the pillars and conditions of marriage. However, because there is no written evidence in the form of a marriage certificate, it is still illegal under state law. The implementation of sirri marriages will have an impact in the future in their marital affairs in the form of child custody, property rights in the event of divorce in the future. Covering the area that the author will examine, the middle Sekotong village, Sekotong sub-district, West Lombok, there are still many marriages that are carried out in a sirri. The actions taken by the people of the village of Sekotong Tengah, Sekotong sub-district, West Lombok, must be based on the factors that cause them to carry out sirri marriages. The results of the study show that: (1) The implementation of sirri marriage is carried out according to the customs that apply in sekotong Tengah. Some of the Facts and Reasons for Sirri Marriage in Indonesian people's lives, are reality, the reasons ranging from the high cost of registering marriages to personal reasons that must be kept secret. The wedding will be held as usual, inviting many people from relatives to neighbors. The event is carried out the same as a wedding in general, except that it is not registered with the KUA. (2) The factors that cause unregistered marriages, there are many reasons why the marriage was carried out, namely: Because it was an application. To save costs and avoid administrative procedures that are considered cumbersome. Because the future wife is already pregnant out of wedlock. One of the bride and groom is not old enough to get married through KUA. (3) the impact of sirri marriage is: for the wife, it is not legal in the eyes of the law, automatically will not be able to get an inheritance from her husband and cannot also sue her husband because he is not given a living. For his son, his father's name could not be written on the birth certificate, and others would doubt if he had a real father. As for her husband, he will feel free in the eyes of the law, because there are no dependents on his wife and children

    RASIO LEGIS DISPENSASI USIA PERKAWINAN DALAM UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

    Get PDF
    Marriage is an inner and outer bond between a man and a woman as a happy and eternal husband and wife based on the One Godhead. This has been regulated in Law Number 16 of 2019 concerning marriage, which regulates marriage, one of which is the minimum age limit for marriage. However, this study focuses more on the ratio of the legal age of marriage dispensation according to the law. This study presents the problems and views that are studied in concepts and behavior in social life, namely qualitative research with descriptive research. Data collection techniques used are observation, interviews, and documentation. Based on this research, the results of the study show that, first, the age dispensation according to the Marriage Law is someone who wants to get married but is less than 19 years old. when the bride is not of that age, she can apply for dispensation to the religious court. Two, the comparison of this marriage law is, the difference in the minimum age limit for marriage of prospective brides from 16 years to 19 years as stated in article 7 paragraph (1) but this change has caused a lot of polemics in the community

    ANALISIS YURIDIS HAKIM TERHADAP KEDUDUKAN WALI DALAM PERMOHONAN PERKARA ISBAT NIKAH (STUDI PUTUSAN PENGADILAN AGAMA KABUPATEN MALANG Nomor 0991/Pdt.P/2019/PA.Kab.Mlg)

    Get PDF
    Marriage is a sacred event that can form the smallest unit, namely the family, in this case it has the main joint for the development of a society, nation and state. Marriage is a sacred, strong and solid agreement to live together legally. Forming a family that is eternal, polite, caring, loving, peaceful and peaceful. In Indonesia, it is regulated according to Law no. 1 of 1974 concerning marriage and the Compilation of Islamic Law (KHI). The existence of a guardian as a pillar of marriage as contained in the thoughts of Malikiyyah, Syafi'iyyah and Hanabilah. Based on the decision of the Malang Regency Religious Court Number 0991/Pdt.P/2019/PA.Kab.Mlg, there has been a rejection of the case in which the applicant did not provide a clear reason for the guardian after his father was absent, namely his grandfather, in fact his grandfather is still alive. The focus of the research in the discussion of the proposed thesis is the position of the guardian, the analysis of the judge's considerations and the solutions offered by the judge to the case number 0991/Pdt.P/2019/PA.Kab.Mlg

    ANALISIS FATWA MUI TENTANG PELAKSANAAN IBADAH DI MASJID SELAMA PANDEMI (FATWA MUI NO. 14 TAHUN 2020 TENTANG PENYELENGGARAAN IBADAH DALAM SITUASI TERJADI WABAH COVID-19)

    Get PDF
    The Covid-19 virus is a very dangerous invisible small virus, which attacks the human respiratory tract. The virus is rapidly spreading through direct physical contact between humans as in public places that are crowded with gatherings of people. As is the case with The Islamic community who pray in mosques that include many people, so it is feared that people who are in this mosque can be exposed to the Covid-19 virus from people who are not believed whether they have been exposed or not. Therefore, the Indonesian Ulema Council issued a new fatwa related to religious measures during the Covid-19 pandemic as a precautionary measure and countermeasures of the Covid-19 virus in the implementation of worship in mosques or other public places during the pandemic, which is contained in mui fatwa No. 14 of 2020. This fatwa provides solutions and advice to the Islamic community in Indonesia in the face of the challenges of the Covid-19 pandemic. Some important things to note in the implementation of worship in mosques during the Covid-19 pandemic are looking at the health condition of the person, the condition of the territory, and also must comply with health protocols (as well as government policy) while in the mosque or other public places

    ANALISIS TERHADAP TINGGINYA ANGKA GUGAT CERAI TERHADAP LEMBAGA HUKUM DI PENGADILAN AGAMA KABUPATEN MALANG KELAS 1A

    Get PDF
    Cases of divorce, divorce and divorce are the most common cases in the Religious Courts, with this high number no one can be blamed, because maintaining a family that is not harmonious is the same as maintaining an existing disease in the body. What must be a concern is how to make the marriage understood by every couple, so that in this case it is not easy to declare divorce. Based on the existing data exposure, the author summarizes all the data available at the Malang Regency Religious Court for 3 years, starting in 2017. Divorce by divorce. From data from the Malang Regency Religious Court, divorce cases from 2017 to 2020 reached 8,087. While the divorce lawsuit that occurred at the Malang Regency Religious Court from the last 4 years reached 18,764. Based on the description of the divorce data. Divorce lawsuits are the most common cases in the Religious Courts of Malang Regency. This can be seen from the latest data in 2020 reaching 4,980/year. Thus the author is interested in researching how a wife files for divorce and what are the legal grounds for a judge in deciding a divorce case filed by a wife
    corecore