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All Journal Al Qadhi : Jurnal Hukum Keluarga Islam JURIS (Jurnal Ilmiah Syariah)
Dedi Sumanto
IAIN Sultan Amai Gorontalo
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pernikahan Tanpa Persetujuan Salah Satu Pihak dalam Perspektif Hukum Perdata dan Hukum Islam Ahmad Uno; Titin Samsudin; Dedi Sumanto
Al Qadhi Journal of Islamic Family Law Vol 4 No 1 (2022): Al Qadhi : Jurnal Hukum Keluarga Islam
Publisher : International Journal of Publication Unit (IUJP) Agus Salim Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47902/alqadhi.v4i1.216

Abstract

There are several reasons for a husband to marry without asking his partner for approval, disharmony in domestic relations, boredom to his wife, his wife's beauty has decreased, the service for inner needs has decreased because the wife has reached a monoupous period, the wife often utters excessive words that causing confusion a husband or wife has neglected the dress code accompanied by not wearing make up. Things like this can influence a husband to marry a second time. The state guarantees religious life and has participated in securing it through statutory regulations, even many legal products that refer to the material of Islamic law. Law Number 1 of 1974 concerning Marriage which reflects the government's appreciation and concern for the joints in religious teachings, especially Islam. Islamic law has really paid attention to family problems, it is the first foundation in building an ark for marriage in the community.
HUKUM ADAT DI INDONESIA PERSPEKTIF SOSIOLOGI DAN ANTROPOLOGI HUKUM ISLAM Dedi Sumanto
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.488 KB) | DOI: 10.31958/juris.v17i2.1163

Abstract

This paper aims to reveal the implementation of customary law in terms of the form of marriage carried out in several regions in the portrait of the sociology and anthropology of Islamic law. The study was carried out with a socio-cultural approach through phenomena in the field that were in accordance with the literature and empirical observations of each customary event related. The method used is Library Research and observing phenomena in the field regarding customary law that applied in the community. The results of the study in customary law shown that based on reality, social and cultural customary law communities in Indonesia indicated the form of marriage as an Honest Marriage,  Semenda Marriage, Free Marriage, Mixed Marriage and Out of Law Marriage as the forms of legal cultural habits that exist in a customary community in the form of unwritten so that the functions and applications can be carried out in accordance with the obedience of the law based on a sense of justice in society and practice in the community where the written law is not always in line with developments in society.  It can be conluded that the written rules cannot solve existing problems and sometimes it does not reflect a sense of justice in society.
Co-Authors Ahmad Uno Titin Samsudin