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All Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Yusmita Yusmita
IAIN bengkulu
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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AKOMODASI BUDAYA LOKAL DALAM LEGISLASI BIDANG HUKUM KELUARGA (HUKUM TENTANG HAK DAN KEWAJIBAN DALAM RUMAH TANGGA) Yusmita Yusmita
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 4, No 2 (2017)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.222 KB) | DOI: 10.29300/mzn.v4i2.1021

Abstract

Abstract: This article would like to point out that some rules about family law in Indonesia are heavily influenced by the growing local culture in society. Evident from the provisions of the Marriage Act no. 1 of 1974 and the Compilation of Islamic Law is quite much influenced by the culture and conditions that developed in Indonesia and the progress of the times. This is evident from the desire to get out of the classical Jurisdiction of fiqh that puts too much of a man in a very high position, and women in disadvantaged positions. For example, the article that regulates the balance of the rights and the position of husband and wife in the household, in the association in society, and in doing legal action. The influence of local culture that is already rooted in the community appears in the statement that the husband is the head of the household and the wife is a housewife. This implies an imbalance in the position of the husband and wife, this is clearly influenced by the local culture and is supported by religious doctrine that is already integral with society, which states men are leaders for women.
THE AGE OF MARRIAGE ON INTERDISIPLINARY ISLAMIC LAW PERSPECTIVES Iwan Romadhan Sitorus; Yusmita Yusmita
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 7, No 1 (2020)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i1.3137

Abstract

Law Number 16 Year 2019 in article 7 provides an age limit for each person who will marry at the age of 19 years for men- and 19 years for women. The age limit given by the law does not look comprehensively in biological, sociological readiness, and so on. The modified law should be able to realize the benefit of the husband and wife in fostering the household. Determination of marriage age aims to protect offspring, create a family that is sawah mawaddah wa rahmah, maintain lineage, maintain family relationships, maintain diversity in the family, and prepare for maturity in the economy by paying attention to various aspects, both aspects, psychological, sociological, biological and certainly religious aspects. so that it can create a family in accordance with the marriage ceremony
Co-Authors Iwan Romadhan Sitorus