KRIMINALITAS PRAKTIK NIKAH SIRI DAN POLIGAMI DI INDONESIA

Defel Fakhyadi — Fri, 13 Dec 2024 04:12:47 +0000

Siri marriage and polygamy are forms of marriage that are permitted in Islamic law, these actions are categorized as against the law if they are not carried out according to applicable laws. Criminality in civil law in the form of violations can occur if the aggrieved party files a lawsuit in court over the case of siri marriage and polygamy that does not have a license because every marriage must be recorded. The state regulates the registration of marriages and polygamy in order to create marriage administration so that it does not cause harm to the married couple when divorce, maintenance and inheritance rights occur. This literature-based study wants to reveal the criminality in marriage based on the social reality of society in Indonesia. This type of research is descriptive qualitative based on literature research with data analysis through a descriptive critical analysis approach so as to produce a comprehensive understanding of legal marriage in Islamic law. This study concludes that the behavior of siri marriage and polygamy has a major impact on the order of family law in Indonesia so that the government regulates the administration of marriage by considering the side of kemashlahatan even though it sometimes has an understanding debate with traditionalist-centric fiqh thinking. The provision of sanctions against the criminal behavior of nikah siri and polygamy is a sanction against criminal offenders so that it is more social in nature so that the creation of responsive family law for the realization of a sakinah family, mawaddah warahmah

REFORMASI PEMIKIRAN MUHAMMAD RASYID RIDHA DALAM HUKUM KELUARGA ISLAM KONTEMPORER

Endah Mustika Pertiwi — Fri, 13 Dec 2024 04:34:21 +0000

This research aims to analyze Muhammad Rasyid Ridha's thoughts on the condition of Muslims in the contemporary realm. As a reform scholar in Islamic thought, Rasyid Ridha contributed many of his thoughts in the realm of education, social and law with the characteristic of revisiting Islamic laws based on the Qur'an and Hadith which were then revitalized in accordance with the conditions of the people. This research investigates Rasyid Ridha's thoughts on family law reform because many of Rasyid Ridha's thoughts were influenced by the social conditions at that time, especially women's rights in family law. This study found that Rasyid Ridha in contemporary thought; the decision to polygamy must be based on something logical and urgent, allowing interfaith marriages on the condition of similarity of values and principles between partners, the right to divorce for women and the calculation of inheritance in accordance with the amount of responsibility of their role in the family. This research uses the literature analysis method, deeply examining data sources in the form of documents and texts that are relevant to the issues raised.

El-Ahli : Jurnal Hukum Keluarga Islam

KRIMINALITAS PRAKTIK NIKAH SIRI DAN POLIGAMI DI INDONESIA

REFORMASI PEMIKIRAN MUHAMMAD RASYID RIDHA DALAM HUKUM KELUARGA ISLAM KONTEMPORER