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Muksalmina Muksalmina
Sekolah Tinggi Ilmu Hukum Al-Banna Lhokseumawe
Agriculture, Biological Sciences & Forestry Humanities Education Social Sciences

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PERNIKAHAN SIRRI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Muksalmina Muksalmina
Jurnal Inovasi Penelitian Vol 1 No 2: Juli 2020
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (420.097 KB) | DOI: 10.47492/jip.v1i2.50

Abstract

Marriage is the necessity of every human being in fulfilling the needs of his life as a social creature. Because the issue of marriage is an important affair to maintain the benefit of the whole community, then the State has the right to regulate this business in the form of clear rules with the aim to provide protection of law and order in the life of society. This study examines the legal aspects of marriage that occur in the community i.e. the marriage of Sirri. The marriage is lawful or not in the view of Islamic law and the positive law that often becomes a polemic in society causes a negative impact on the parties involved both husband, wife and child. The results of this research, can be concluded that the marriage of Sirri is valid either by Islamic law or positive law, but in the view of the Islamic law of marriage is unlawful.
LEGALITAS HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA Zulfadhli Zulfadhli; Muksalmina Muksalmina
Jurnal Inovasi Penelitian Vol 2 No 6: Nopember 2021
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jip.v2i6.1014

Abstract

Marriage law in Indonesia is based on religious norms as outlined in Article 2 paragraph (1). On the other hand, religion in Indonesia is plural in nature, to bring together two people with different beliefs to love each other cannot be avoided, besides that there is a religion that allows interfaith marriage and from the perspective of Human Rights (HAM) it is also prohibited to prohibit humans from forming a family. . Seeing the fact that there is an increasing number of different marriage partners both domestically and abroad. This writing aims to examine how the strength of marriage law in Indonesia. This research is a normative legal research through a qualitative approach which is carried out by first examining written laws and regulations established by state institutions or authorized and generally binding officials. The specification of this research is analytical prescriptive. The data collection technique used in this research is library research and the analysis used is normative qualitative analysis. The results of research on interfaith marriages against Muslims both domestically and abroad do not have legal legality, because there is no term civil marriage as adopted by Protestant Christianity.
Co-Authors Zulfadhli Zulfadhli