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All Journal Al-Ihkam: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Al-Usroh : Jurnal Hukum Keluarga Islam
Syaiful Annas
Hakim Pengadilan Agama Batulicin, Kalimantan Selatan
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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CONSISTENCY OF JUSTICE IN RELIGION DEFENDING WOMEN'S RIGHTS Syaiful Annas
Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 11 No. 2 (2019): Desember
Publisher : Universitas Islam Negeri (UIN) Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (263.921 KB) | DOI: 10.20414/alihkam.v11i2.2168

Abstract

In a responsive legal framework, insistence on legal change is a natural thing, because the law should be seen as a rule that is closely linked to social reality. The existence of changing social realities, usually followed by a sense of justice that changes society and the law should also change. The reality of community life, especially relations between men and women, has changed from time to time. This is influenced by many things, including economic development, technology, education, and law.
REKONTEKSTUALISASI PENJATUHAN TALAK TIGA DALAM BINGKAI NEGARA INDONESIA Syaiful Annas
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 01 (2023): Juni
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i01.257

Abstract

This study discusses the law of three divorces in one word or one assembly which often occurs in Muslim societies. The basis used as a reference is the hadith of the Prophet SAW and Fiqh. As a rule of law country, Indonesia has provided rules for the implementation of divorce as stipulated in Law No. 1 of 1974 concerning Marriage, Law No. 7 of 1989 concerning the Religious Courts, and the Compilation of Islamic Law. The substance is that divorce can only be carried out before a court hearing. However, there are still many practices that occur in society imposing triple talaq on a wife in one word or one assembly. This research is library research with a qualitative approach. The results of this study, that the imposition of divorce with one word or in one assembly needs to be reconstructed in understanding hadith and Fiqh as a form of ijtihad with various approaches within the framework of a rule of law that realizes the goals of the law itself.
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