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All Journal Jurnal Kajian Islam dan Sosial Keagamaan
Hartono Hartono
Sekolah Tinggi Agama Islam Sangatta, Kutai Timur
Religion Humanities Education Social Sciences

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Pertimbangan Hukum Dalam Mengabulkan Perkara Isbat Nikah Contensius Di Pengadilan Agama Sangatta Nur Sholfa Adilla; Hartono Hartono; Mukhtar Mukhtar
Jurnal Kajian Islam dan Sosial Keagamaan Vol. 2 No. 4 (2025): April - Juni
Publisher : CV. ITTC INDONESIA

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Abstract

Many people conduct religious or customary marriages without registering their marriages at the Office of Religious Affairs (KUA) or civil registration institutions. As a result, the legal status of their marriage becomes unclear, which in turn has an impact on the non-recognition of legal rights, such as inheritance rights, maintenance rights, and the validity of the status of children. This study aims to analyze the legal considerations and factors influencing judges' decisions in isbat contensius cases. This research uses a qualitative method with a juridical-sociological approach, where data is collected through interviews, observation, and documentation studies. The results showed that the legal considerations used by judges in granting contensius isbat nikah cases at the Sangatta Religious Court were based on Law Number 1 of 1974 concerning Marriage, especially Article 2 Paragraph 2, as well as Article 7 Paragraph 3 of the Compilation of Islamic Law (KHI) which regulates the reasons for applying for isbat nikah.
Perjodohan Sebagai Upaya Mengurangi Tingkat Perceraian Dalam Pernikahan (Studi Kasus Kecamatan Sangatta Utara) Ferdiansyah Ferdiansyah; Hartono Hartono; Siti Munfiatik
Jurnal Kajian Islam dan Sosial Keagamaan Vol. 2 No. 4 (2025): April - Juni
Publisher : CV. ITTC INDONESIA

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Abstract

Marriage is a common thing in society but there are several phenomena such as LGBT, career women, pregnancy outside marriage, high dowry and others. This has an impact on society because the number of marriages decreases, while the number of divorces increases every year. This research aims to understand the role of arranged marriage as an effort to reduce the divorce rate in marriage. This research uses a descriptive method with a qualitative approach used to understand and explain social phenomena in depth and detail. The results showed that arranged marriage can play a role in reducing the divorce rate in marriage because of the factors that arise due to arranged marriage such as value compatibility, background, strong commitment, strong social support, more realistic expectations. However, the success of arranged marriage also depends on the readiness factor of the couple, good communication before marriage. Therefore, arranged marriage is not the only, but can be one of the effective approaches in creating a stable and harmonious marriage.
Keseimbangan Antara Hak Dan Kewajiban Suami Istri Dalam Hukum Keluarga Islam Muhammad Fasral Hafid; Hartono Hartono; Achmad Fahruddin
Jurnal Kajian Islam dan Sosial Keagamaan Vol. 2 No. 4 (2025): April - Juni
Publisher : CV. ITTC INDONESIA

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Abstract

This research can explore the basic principles that govern the rights and obligations of husband and wife in Islamic family law. This study aims to examine in depth the concept of balancing the rights and obligations of husband and wife in the perspective of Islamic family law. This research uses library research method by collecting and analyzing secondary data. The main data sources include the Qur'an, Hadith, classical and contemporary fiqh books, laws, the Compilation of Islamic Law, as well as various scientific literature, journals, and articles. The results show that Islamic family law pays great attention to the balance of rights and obligations of husband and wife. Although there are differences in roles and responsibilities, both have rights and obligations that must be carried out. The husband's rights include being obeyed and respected by his wife, while his obligations include providing physical and mental sustenance and treating his wife well. The wife's rights include receiving maintenance, good treatment, and protection from her husband, while her obligations include maintaining the honor of herself and her family and managing household affairs.
Co-Authors Achmad Fahruddin Ferdiansyah Ferdiansyah Muhammad Fasral Hafid Mukhtar Mukhtar Nur Sholfa Adilla Siti Munfiatik