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ALASAN DAN TUJUAN LAHIRNYA UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Khiyaroh, Khiyaroh
Al-Qadha Vol 7 No 1 (2020): Al-Qadhâ: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : IAIN LANGSA

This articles illustrate the process of maked the Marriage Law Number 1 of 1974 begins with government initiatives to discuss the scope of legislative. Government initiatives did not just emerge, but long before they were submitted to the legislative, the government received many inputs regarding marital regulations. Submission of revisions to the marriage regulations were mostly submitted by women's organizations. The process of the formation of the Marriage Law for approximately seven months, starting from the government submitting the Draft Law to the legislature until all factions declare approval article by article. From 77 Articles to 66 Articles to become legislation. But there are many contradictions when the law will be passed. Especially from the Islamic group namely PPP factions they stated that the articles in it violated many Islamic rules. while the faction of the work actually considers its articles to be appropriate. Namely with the article that has highlighted the position of the wife in the household. Another of the PDI factions who only highlighted the issue of polygamy and the principle of monogamy. After being approved and approved by the government the impact of polygamy and divorce decreases. While the problem of Siri marriage is even more widespread.

Modin dan Otoritasnya; Studi Kasus Larangan Kawin Hamil Di Kelurahan Temas Kota Batu Nur Hadi, Mukhammad; Khiyaroh, Khiyaroh
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 11, No 1 (2020): Yudisia: Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

This study discusses the Modin and its authority as the officers of the marriage registrar in Temas village. The focus of this study is the idea of banning pregnant marriage by Modin. Pregnant women who want to marry are prohibited from doing marriage until she gives birth. This study is an empirical research of law by placing sociology of law as its approach. This research puts the theory of legal authority and reasoning in anlyzing data. Related to the theory of legal authority, the theory of Freidman and Khaled Abou el-Fadhl was chosen for legal sociology analysis. The three things which are focus of this study are about why did Modin issue the policy, how is the policy authority position, and how did Modin terpretarticle 53 KHI related to the prohibition of pregnant marriage. First, this study shows that there are two major narratives (sociological reasons) of why Modin should implement the idea; these are preventing stigmatization of free sex and preserving the lineage. Second,through the theory f autorithy, Modin got three authorities at once;persuasive authority, traditional authority, and charismatic authority. Therefore, that policy automatically had the authoroty. Third, in constructing his idea, Modin applied three interpretation methods; authentical interpretation, sociological interpretation, and historical interpretation.Â AbstrakKajian ini membahas tentangModindan otoritasnya sebagai Pegawai Pembantu Pencatat Nikah di kelurahan Temas.Fokus kajian ini adalah ide pelarangan kawin hamil oleh Modin. Wanita hamil yang hendak menikah dilarang melaksanakan pernikahan sampai ia melahirkan. Kebijakan ini berlaku di seluruh keluruhan Temas. Kajian ini merupakan kajian hukum empiris dengan menempatkan sosiologi hukum sebagai pendekatannya. Penelitian ini menempatkan teori otoritas hukum dan penalaran sebagai pisau analisisnya. Terkait teori otoritas hukum, teori Freidman dan Khaled Abou el-Fadhl dipilih untuk analisis sosiologi hukum. Tiga hal yang menjadi fokus kajian ini adalah tentang mengapa Modin mengeluarkan kebijakan tersebut, bagaimana posisi otoritas kebijakan tersebut, serta bagaimana penafsiran Modin atas pasal 53 KHI terkait larangan kawin hamil. Kajian ini menunjukkan bahwa, pertama, ada dua narasi besar (alasan sosiologis) mengapa Modin harus mengimplementasikan idenya, yaitu; untuk mencegah stigma legalisasi perzinaan dan menjaga kesucian nasab anak. Kedua,melalaui perspektif teori otoritas,Modin menempati tiga otoritas sekaligus; otoritas persuasif, tradisional, dan kharismatik. Oleh karena itu, kebijakan yang digagasnya secara otomatis memiliki otoritas. Ketiga,dalam mengkontruksi pemikirannya, Modinmenggunakan tiga jenis penafsiran hukum; penafsiran secara otentik, sosiologis, dan historis.

PERAN PLENO KAMAR AGAMA MAHKAMAH AGUNG DALAM MENCAPAI TUJUAN PERUNDANG-UNDANGAN KELUARGA INDONESIA khiyaroh, khiyaroh
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.311-332

The Plenary Meeting of the Supreme Court is a system established to maintain the unity of the application of the law and the consistency of the judge's decision. This system is carried out every year and starts in 2011. In the plenary meeting of the Supreme Court there is a division of rooms according to the abilities of each judge divided into five rooms. Namely the criminal chamber, civil chamber, state administration room, religious chamber, and military room. In the case of the plenary chambers of religion there are a number of things that are regulated every year and there are some rules that have been reformulated. With the existence of the plenary chamber of the Supreme Court of Religion, the rules in it partly reflect the purpose of family law legislation. But there are rules that are actually on the contrary to the goals of family law legislation. This paper aims to find out how the role of SEMA as a result of the Plenary Meeting of the Supreme Court of the Supreme Court has been in accordance with the objectives of Law No.1 of 1974 concerning marriage. This research is a library research with a juridical approach by looking at the legal rules and legal principles, and is analytic descriptive. The results obtained are the rules in the SEMA as the results of the plenary meeting of religious chambers are not all in line with the objectives of the Indonesian marriage law. Keywords: Supreme Court, Plenary Chamber, Purpose of Family Law.

Upaya Normatif Dan Sosiologis Mewujudkan Keluarga Sakinah Pada Pasangan Long Distance Marriage Khiyaroh, Khiyaroh; Imamudin, Fauzi
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 14 No 2 (2024): Ulumuddin: Jurnal Ilmu-Ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v14i2.2573

Long distance marriage (LDM) is a condition in which married couples choose distance and time constraints to meet each other. The impact of these obstacles causes a fairly short meeting time. Short meetings make families have less time to be together. In long distance marriage, there are several obstacles faced such as distance and communication and of course in carrying out obligations and rights in marriage. This research is a field research where the author will interview two respondents who are undergoing a long distance marriage because their husbands work outside the city. The author will analyze with two theories, namely Max Weber's theory of social action and maqashid Shari'ah. The results of the study found that the motive of husbands who work outside the city is purely to make a living for the family. And in the perspective of maqashid, there are three main things that are protected, namely hifdzu din, hifdzu maal and hifdzu nasl. So it can be said that families who choose to undergo a long distance marriage can form a sakinah family. This can be seen from the rights and obligations of husband and wife that are fulfilled.

NIKAH MISYAR DALAM PRESPEKTIF HUKUM PROGRESIF DAN UNDANG-UNDANG PERKAWINAN DI INDONESIA Khiyaroh, Khiyaroh
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.1852

This study discusses the practice of misyar marriage which is still one of the contemporary issues. Some scholars allow the practice of misyar marriage as long as the conditions and pillars of marriage are met. But in practice, misyar marriage is carried out because of a problem, such as infidelity, covering up the marriage of the previous wife, etc. In the implementation of misyar marriage, some of the wife's rights were deliberately not given. But if the wife is happy in this case, it will be a reward in itself. With the development of the times and the number of women who are able to meet their needs independently, whether in the future misyar marriage can be used as an alternative in national marriage law or not. The author will conduct research with a type of literature research. The author will collect data from various sources, both books, articles and rules related to misyar marriage. The author will analyze with a Normative Juridical approach. The theory used is the Progressive Law of Sadjipto Rahardjo and with the Marriage Law in Indonesia. The result of this study is that nikah misyar although legally valid is religious but not justified according to the view of progressive law and the marriage law in Indonesia. Because Nikah misyar is not in line with the principle of substantive justice, it does not protect the vulnerable and is also not in accordance with the principles in the Marriage Law because it does not pay attention to the position of women.

Aktualisai Dan Dampak Hadhanah Pada Anak Yang Tidak Diasuh Oleh Salah Satu Orang Tua (Studi di Kapanewon Piyungan) Khiyaroh, Khiyaroh
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.15173

Hadhanah applied by parents who are still complete with parents who have disappeared or separated, there must be differences. A child who is cared for by a parent who is complete and both give each other attention will grow up better than one who is only cared for by one of the parents. This study examines how the concept of hadhanah applied by parents is incomplete to children, and how it affects children who grow up without the role of parents who are complete with the perspective of Islamic law and positive law. In reality, in the environment of children who grow up without the role of one of the fathers or mothers, there is a negative impact that arises on the child. This research is a field research conducted in Kapanewon Piyungan, Bantul Regency, DIY with a qualitative research type. The approach in this study is with a positive legal approach and Islamic law with the theory of sharia maqashid. The author took data by direct interviews with the source. Then the data from the interview results were analyzed with the approach of the Marriage Law and the theory of maqashid as-sharia. The results of the study are that not all single parents can maximize into two roles as a father and mother at the same time. This causes negative impacts on children, including psychological disorders, deviant behavior and lack of socialization. In the study of Islamic law, it is not in accordance with the principles of hifzh nasl and hifzh aql.

Aktualisai Dan Dampak Hadhanah Pada Anak Yang Tidak Diasuh Oleh Salah Satu Orang Tua (Studi di Kapanewon Piyungan) Khiyaroh, Khiyaroh
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.15173

Hadhanah applied by parents who are still complete with parents who have disappeared or separated, there must be differences. A child who is cared for by a parent who is complete and both give each other attention will grow up better than one who is only cared for by one of the parents. This study examines how the concept of hadhanah applied by parents is incomplete to children, and how it affects children who grow up without the role of parents who are complete with the perspective of Islamic law and positive law. In reality, in the environment of children who grow up without the role of one of the fathers or mothers, there is a negative impact that arises on the child. This research is a field research conducted in Kapanewon Piyungan, Bantul Regency, DIY with a qualitative research type. The approach in this study is with a positive legal approach and Islamic law with the theory of sharia maqashid. The author took data by direct interviews with the source. Then the data from the interview results were analyzed with the approach of the Marriage Law and the theory of maqashid as-sharia. The results of the study are that not all single parents can maximize into two roles as a father and mother at the same time. This causes negative impacts on children, including psychological disorders, deviant behavior and lack of socialization. In the study of Islamic law, it is not in accordance with the principles of hifzh nasl and hifzh aql.

TUJUAN ATURAN POLIGAMI DALAM UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN Khiyaroh, Khiyaroh
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 1 (2025): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study discusses the rules of polygamy in the rules of Law No. 1 of 1974 concerning Marriage. The focus of the study in writing is about the reasons, objectives and the level of achievement of the rules of polygamy after being passed and enforced in Indonesia. Polygamy is an issue that has always been debated from time to time. Polygamy in Indonesia has been carried out since before Indonesia's independence. This is due to the absence of explicit rules governing marriage in Indonesia. Polygamy which is carried out arbitrarily makes women's rights discriminated and leaves children and wives neglected. This paper is a normative legal writing with the approach used, namely the historical approach to find out the historical values that are the background of the formation of the marriage law rules. So that by knowing the background or reasons for making rules about polygamy is expected to minimize the cases that occur in the family and one of them is polygamy. This paper uses the theory of legal protection with the aim of answering the formulation of the problem in the form of the objective of the existence of polygamy rules. With the existence of regulations on polygamy in the Marriage Law it is expected to improve the status of women by protecting the rights of wives in the family. In addition to emphasizing the rules of polygamy so that polygamy is not carried out arbitrarily.

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