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Muhammad Faisol
Universitas Islam Negeri Maulana Malik Ibrahim Malang
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Principles of Marriage in the Perspective of Law Number 1 of 1974 Concerning Marriage in the Framework of a Compilation of Islamic Law Ahlunnaja, Ahmad; Busriyanti, Busriyanti; Faisol, Muhammad
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 2 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i2.4822

Abstract

Islam is the most complex religion among other religions in all lines of human life, all are regulated in Islam both human relations with God (Hablu minallah) to human relations with humans (Hablu minannas). In the realm of human relations with humans (Hablu minannas), 0basically humans are social creatures, of course, in socializing humans are required to be able to approach emotionally. In Islam, there is an order to carry out obligatory worship that is highly recommended for Muslims, it is called marriage, the meaning of marriage according to Islamic law is marriage, which is a very strong contract or mitsaqan ghalidzan to obey Allah's commands and carry it out in the form of worship, the purpose of marriage in Islam aims to create a household life that is sakinah, mawaddah, and rahmah. Marriage, of course, has a principle, the conditions for carrying out a marriage are five contents of the principles of marriage, the first is the principle of freedom to choose a partner, the second is the principle of equality, the third is mu'asyarah bil ma'ruf, the fourth is the principle of deliberation, the fifth is the principle of mutual acceptance of the five contents of this principle, making it a basic principle in carrying out a marriage. Indonesia is a state of law, all things have rules governing humans that are coercive and remember as well as a marriage that has sacred value, all of which are regulated in law number 1 of 1974 concerning marriage, whose contents in the law include the basics of marriage, the conditions, and pillars of marriage, all of which are contained in the law taken from the essence of Islamic law concerning marriage and all of which are in a collection called the Compilation of Islamic Law.
Contradictions on Age of Guardianship Provisions in Marriage Law and the Compilation of Islamic Law and Its Application in Religious Courts Rosyid, Abdur; Sa`adah, Sri Lumatus; Faisol, Muhammad
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 2 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i2.4825

Abstract

A child in general is someone who is not yet an adult or not married, and it is not possible for a child who is under this age to carry out legal actions by himself. For all legal actions, a child is under the authority of a guardian. The legal practice for the determination of legal guardianship for people who are Muslims according to the rules of law legislation is carried out in the Religious Court. The legal source of legal regulations regarding guardianship is regulated by Law No. 01 of 1974 concerning Marriage Chapter XI Guardianship Article 50 paragraph (1), namely the proposed child who has not reached the age of 18 years and is also regulated in Presidential Instruction No. 01 of 1991 Compilation of Islamic Law, namely in Chapter XV Guardianship Article 107 paragraph (1), namely the proposed child guardianship who has not reached the age of 21 years. The differences in legal regulations like this, create problems and do not implement the objectives of the law, namely the emergence of legal uncertainty (Contra Legal Certainty). This research uses Normative research (Normative Juridical). Namely using a statutory approach this approach is carried out by examining legislation and also an approach by examining cases or decisions of the Religious Court relating to Guardianship.
Fulfillment of Living for Minor Marriages Perspective of The Law. No.1 of 1974 and a Compilation of Islamic Law Azzaul, Azwin Ridwan; Busriyanti, Busriyanti; Faisol, Muhammad
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 2 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i2.4896

Abstract

Livelihood is a consequence of obligations that arise, one of which is with the marriage bond. But when the marriage is carried out by a minor, of course, other more complex problems arise. Underage marriage, which is mainly carried out by boys, makes it burdened with the obligation to provide when it should be still a student or college student. It also widens job opportunities in the field which is difficult due to the age of the minor. This condition is even worse if the parents of the couple are families who are still on the poverty line. So, the government must take the government seriously to respond to this problem considering that marriages carried out can occur legally because marriage dispensation is allowed. The purpose of this study is to analyze the causes of underage marriage and the concept of fulfillment when viewed from Marriage Law No. 1 of 1974 with the Compilation of Islamic Law. The research method carried out in this study is qualitative with a normative juridical approach. Data collection techniques through literature studies, by inventorying various main and supporting library materials related to the focus of the problem. Data analysis techniques are processed and discussed using descriptive methods. The results showed several factors causing underage marriage which was dominated by pregnancy out of wedlock, economy, technological and information advances as well as culture and religion. As for the fulfillment of bread, the state only regulates, in general, these provisions, both in Marriage Law No. 1 of 1974 and the Compilation of Islamic Law. Fulfilling the income carried out by the husband does not provide distinction to the husband who is underage but is legalized by the government with the marriage dispensation given. Therefore, it is necessary to revise the regulation so that it can guarantee the rights of every citizen are fulfilled.
Co-Authors Abdillah, Zein Abdur Rosyid Ahlunnaja, Ahmad Ali Zainal Abidin Atika, Nur Azzaul, Azwin Ridwan Bashiroh, Zaim Ahmad Zaki Billah, Moh Arif Busriyanti Busriyanti, Busriyanti Dian Mustika Fath, Muhammad Rifki Al Irhamni Irhamni Ishaq Ishaq Khoirunnajam, Muhammad Martoyo Martoyo, Martoyo Mazidi, Achmad Aisyul Muhammad Arsyad Muhammad Hasan Basri Muhammad Numan Mukhtaruddin Mukhtaruddin Mulyani Mulyani Muniroh Ahdaniah, Dzurrotul Muniroh, Saidah Munjiah, Ma'rifah Muslim Muslim Nisa', Maghfirotun Pembayun, Bayu Aji Pratama, Bayu Okta Rodiansyah, M Izzat Sa`adah, Sri Lumatus Sa’adah, Sri Lumatus Setiawati, Riza Wilda Rahmawati, Alfi