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All Journal Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan
Andi Syamsulbahri
Fakultas Syariah dan Hukum Islam, IAIN Bone.
Religion Humanities Law, Crime, Criminology & Criminal Justice

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AKIBAT HUKUM PERKAWINAN BEDA AGAMA MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN Andi Syamsulbahri; Adama MH
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 2, No 1 (2020): Hukum Keluarga Islam Dalam Konteks Ke-Indonesiaan
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.475 KB) | DOI: 10.35673/as-hki.v2i1.895

Abstract

AbstractIn reality, in the life of the community that marriage is not a complicated issue where the couple embrace same religion. But this will be a problem if the two couples embrace different religions. This will be a problem because with religious differences, the marriage will be hindered. This study uses the normative juridical method, namely research conducted by reviewing the laws and regulations along with other regulations relevant to the problem under study. The laws and regulations that will be studied in this study are the laws and regulations that are related to marital problems of different religions.The legal consequence of interfaith marriages is that marital status of the different religions is not legal according to each religion so that it is also invalid according to Law number 1 of 1974 concerning marriage. With an illegitimate marital status, it will also have legal consequences on the status and position of the child. Children born from marriages of different religions are illegitimate or out-of-wed children. Because their parents' marriages are not legal marriages, the result is that the child has no civil relationship with his father, and the child only has a civil relationship with his mother.Keywords: Interfaith Marriage; Legal Consequence; Marriage Law.
ISBAT NIKAH BAGI PASANGAN CERAI MATI PADA PENGADILAN AGAMA KELAS 1A WATAMPONE PERSEPEKTIF HUKUM ISLAM Andi Syamsulbahri
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 4, No 1 (2022): Volume 4 Nomor 1 Juni 2022
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/as-hki.v4i1.2846

Abstract

AbstractThis article discusses the isbat nikah case for married couples who have died, by knowing the views of Islamic law on the isbat nikah case. The qualitative type, with the case study method, which is carried out in detail, is intensive on the phenomenon. The results showed that the judge granted the application for isbat nikah with the consideration that the marriage was carried out in accordance with Islamic law and occurred before the enactment of Law Number 1 of 1974, as one of the basis for the declarative dictum decision. Meanwhile, the view of Islamic law on the isbat nikah of a husband and wife who have been divorced, it is considered okay to submit an application, but the couple will not have a marriage certificate because it is not recorded at the Religious Affairs office for the reasons contained in Article 7, provided that during the marriage carried out in accordance with Islamic law.Keywords: Death divorce; Islamic law; Isbat Nikah
Co-Authors Adama MH