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All Journal Al Hurriyah : Jurnal Hukum Islam
Yustiloviani, Yustiloviani
IAIN Bukittinggi
Law, Crime, Criminology & Criminal Justice

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PERNIKAHAN BEDA AGAMA MENURUT HUKUM POSITIF DI INDONESIA (Antara Tuntutan Normatif dan Kepentingan Kemashlahatan) Yustiloviani, Yustiloviani
Alhurriyah Vol 16, No 2 (2015): Juli - Desember 2015
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (932.411 KB) | DOI: 10.30983/alhurriyah.v16i2.634

Abstract

The Problem of inter-religion marriage had been appeared since the beginning of Islamic Civilization. Nowadays, it is most often discussed and placed as a burning issue in public discussion. But actually, there are three opinion viewed differently this problem. First, the opinion which always forbids us to inter-religion marriage in any reason; whether between a moslem (man) with a non-moslem woman or vice a versa. Second, the opinion which permints or allows us to do it in all condition. Third, the opinion which allows us to do it in a very limited condition; it requires a specific term and condition. This problem accured across the nation because of misinterpretation in understanding qur’an and hadith. In Indonesia, it has been regulated in (article No. 1/1974 and KHI) where it is forbidden to all citizen to do it.
INTERPRETASI SURAT AL-BAQARAH AYAT 232 DAN PENGARUHNYA TERHADAP WEWENANG WANITA DALAM PERKAWINAN Yustiloviani, Yustiloviani
Alhurriyah Vol 15, No 2 (2014): Juli - Desember 2014
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (808.98 KB) | DOI: 10.30983/alhurriyah.v15i2.619

Abstract

Al-Baqarah: 232 describes the marriage of a woman who had finished her waiting period in order not to be prevented from marrying. There are two interpretations of this verse. First: This verse is a reprimand or an order addressed to the trustee not to preclude the woman remarry her ex-husband. Second, it is a reprimand or a command addressed to ex-husband not to hinder his ex-wife marrying a man she loves. Both of them affect marriage law. The effect of the first interpretation is an adult woman who will get married must get permission from the guardian and is vowed by him. The guardian has prerogative rigths of woman under his guardianship. In the wedding – vow procession women is passive. Meanwhile the impact of the second interpretation is that women have the right to determine her future husband even can perform her wedding vow herself without depending on the guardian. The guardian in this procession is not required at all, marriage is not based on guardian authority but based on the consent of women. The interpretation of Al-Baqarah:232 is more accurately assumed that adult women have the authority to determine the preferred candidate husband. In the vow implementation, women should authorize to the guardian or trustee for her benefit and for her rights protection.
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