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All Journal Muqaranah LAWYER: Jurnal Hukum
Mohamad Faisal Aulia
UIN SGD Bandung
Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pernikahan Paksa Gadis Dibawah Umur oleh Wali Perspektif Ulama dan Keempat Madzhab Mohamad Faisal Aulia; Amin Mukrimun
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.11737

Abstract

Abstract: Marriage is one of the themes that gets great attention in Islam because it involves the goals in one of Al-Dharuriyyat Al-Khomsah in Maqashid Al-Shari'ah, namely Hifzh Al-Nasl (keeping offspring). To obtain an accurate and relevant data to the problem under study, the authors use a normative legal research methodology with a library research approach that uses library materials. The results of the discussion show that some scholars are of the opinion that girls are still small and immature so that they cannot make a decision, so in the context of the benefit of the Shari'a it is permissible to marry them; that the girl who has not been able to make a decision then the guardians who have full power to marry her for the benefit of herself based on the rules of the Shari'a in order to avoid damage. The second opinion says that it is not permissible to force a girl to get married, but to wait until she is an adult and her permission can be asked for marriage.
Tinjauan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Dalam Kepastian Hukum Poligami di Indonesia mohamad Faisal aulia
LAWYER: Jurnal Hukum Vol. 1 No. 1 (2023): LAWYER: Jurnal Hukum, Maret 2023
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i1.136

Abstract

This study aims to determine the legal certainty of polygamy in Law Number 1 of 1974 concerning Marriage in Indonesia. This research uses the Pustaka research method (field research). This research is descriptive normative, namely how to approach the problem under study based on the norms contained in laws relating to the legal certainty of polygamy. Data collection techniques include observation and interviews. The data analysis uses inductive and deductive techniques. The results in this study show that Law Number 1 of 1974 concerning Marriage has a requirement of a regulation, namely having legal certainty. This law has regulated how a man under certain conditions can have more than one wife. Criticism of gender injustice by making reproductive reasons as the basis for a man to be able to marry more than 1 person is also a living law that must be accommodated in regulations. The pros and cons of community living law related to polygamy must be addressed wisely by the regulators (DPR) so that the middle way can be accepted by all parties, such as eliminating the reason for sitri more than 1 person in psal 4 paragraph (2) of Law Number 1 of 1974 concerning Marriage, and directly to article 5
Co-Authors Amin Mukrimun