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Siri Marriage in Positive Legal Perspective Syafruddin Syafruddin
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3412

Abstract

This study aims to determine the policy the law against the act of unregistered marriage by the penghulu based on positive law in Langsa City, Then the factors that influence unregistered marriage and the impact of unregistered marriage according to positive law. That policyThe law against the act of unregistered marriage by the penghulu based on the Criminal Code that occurred in Langsa City violated the lawArticles 151 and 143 Draft Law on Material Law for Religious Courts (RUU HMPA)In 2007, it was judged that the act of unregistered marriage by the head of the village violated the criminal law and state administrative law, but so far in Langsa City there has been no confirmation of the crime against the perpetrators of the act of unregistered marriage. The factors that influence unregistered marriages in Langsa City are: factors of lack of awareness of the law, Religion factor, factor economy and status of children born considered an illegitimate child, so that in the eyes of the law he does not have a civil relationship with his father but only has a civil relationship with his mother and his mother's family (Articles 42 and 43 of Law No. 1 of 1974 and Article 100 KHI). The impact of unregistered marriage according to positive law due to not complying with the law in Pidie Regency, namely: the position of the wife is not recorded in the state administration, the position of children born from unregistered marriages is considered a child out of wedlock (considered illegitimate) by the State and joint property (Gono-Gini) in marriage if there is a divorce, the wife is difficult to get rights to joint property them if the husband does not give. In addition, if there is an inheritance left by the husband, because the husband dies, the wife and children are also very difficult to get the rights to the inheritance.DI hope the community does not carry out serial marriages, especially for women so that they do not become disastrous in the future. It is hoped that the Government will confirm criminal acts for perpetrators who carry out unregistered marriages, so that people do not carry out behavior that is detrimental to other parties.
Islamic Law and the Concept of Prophetic-Based Economic Welfare Syafruddin Syafruddin; Mukhlishin Mukhlishin
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5380

Abstract

Economic welfare is a topic that is often studied in the social sphere, especially in developing countries including Indonesia. Even in Law Number 11 of 2009, the government has specifically regulated social welfare, so that what is the state's goal, namely social welfare for all Indonesian people, can be realized into reality. In the concept of economic welfare, Islam views equity and justice as one of the keys to social welfare. This welfare is the maqashid (goal) of syara' or Islamic law in the economic field. In this regard, the Islamic economic system has attempted to eliminate the cumulative aspect with the philanthropic movement as the antithesis of the modern capitalist system which is individualistic. This study will describe islami law and the concept of prophetic-based economic welfare. This study uses a literature review method. The results show that the concept of prophetic-based economic welfare is the liberation of humans from economic exploitation, inequality, poverty, and at the same time increasing the quality of service to God. The welfare of the people as one of the pillars in the development of Islamic law is related to maqashid (the intent and purpose of syara' law). Maqashid itself as the basis in the formulation of Islamic law through a discipline of knowledge about the rules contained in the books of thought of the scholars (fiqh).
Co-Authors Ade Safitri Afifuddin Afifuddin Afrizal Tanjung Ahmad Ali Akbar Ainun Jariah Amalia Fatma Zahra Amalia Sutriana Amri Jahi Andi Sukri Syamsuri Andi Ulfah Magefirah Rasyid Andrianto Andrianto Andy Eddy Arman Sayuti Ashadi, Andri Aulia Brigitha Awanis Ilmi Bajang Asrin Budianto Panjaitan cut nila tasmi Damrah Darmawi Darmawi Dasrul Dasrul Debby Marinda Dessy Ayu Mega Putri Dewi Isnaeni Dian Masyitha Dinda Jasmal Sikumbang Dita Faradillah Edi Warman Eka Kurniasih Erida Nurahmi Erwin Erwin Erwin Saputra Andika Eryuni Ramdhayani Fahmi Yahya Fajar Fajar Farida Athaillah Fatayatun Nurarifiati Fitri Rahmadani Gebrille Rizki Nagata Gholib Gholib Gusnawan Mahendra Hadianur Hadianur Hafizuddin Hafizuddin Hairil Wadi Hamdan Hamdan Hamidsyukrie ZM Hapzi Ali Hasanuddin Hasanuddin Hasnah Hasnah Heni Pujiastuti Herawati Herawati Hermansyah Hermansyah Ida Bagus Kade Gunayasa iga rahmatullah Ihsan Ihsan Indah Dwi Lestari Irwanto Tandi Ismail Sulaiman Ismuhadi Ismuhadi Ivyna Clarisa Tampubolon Jan Bosarmen sinaga Kartono Kartono Khairuna Khairuna Lalu Hamdian Affandi Lestari Dekayanti M Hanafiah M. Nur Salim M. Sayuti Mahardika Darmawan Kusuma Wardana Mahdi Abrar Mahdi Abrar Marlina Marlina Maryulia Dewi Mauliana Mauliana Mayuda Arsa Nurfalah Akbar meutya silviana morow Mochammad Rhizal Effendhy Muhammad Fathur Ridho Muhammad Hambal Muhammad Ilyas Muhammad Nasir Mukhlishin Mukhlishin Mulyadi Adam Munadi Munadi Munirah Munirah Musahrain Musahrain Muslim Akmal Muslim Akmal Mustika Nila Nanda Yulian Syah Nelly Safitri Nora Afnita Nur Ismawati Nurfaujiah Nurfaujiah Nurseha Nurseha Oppi Oktaviany Priyanti Heriastuti Purnama Sari Rabiatul Adwiyah RATNA SARI Ratu Karmila Regi Putra Rehani rehani Riadi Suhendra Richard W.E. Lumintang Rika Annisa Ripa Nirpya Rispawati Rispawati Rivai Andika Pakpahan Ruba Franklin Silaen rubianti Arsyid Safrida Safrida Sahnan Sahnan Sajidan Sajidan Saputra, Edriagus Sara Febria Putri Sri Peni Wastutiningsih Sri Wahyuni Sri Widyastuti Sudirman Sudirman Sugito Sugito Sugiyarto Sugiyarto Sunarru Samsi Hariadi Sunarru Samsi Hariadi Suud Suud Syamsuddin Syamsuddin Syamsudin Syamsudin Syarif Fitriyanto t fadrial karmil Taqur Miranda Teuku Armansyah Teuku Rihayat Tongku Nizwan Siregar Tongku Nizwan Siregar Tongku Nizwan Siregar, MP Ulfa Hansri Ar Rasyid Ummu Balqis Vera Devani WAHYU SUKARTININGSIH Willadi Rasyid Winaruddin Winaruddin Wiwi Noviati Yelmida Azis Zuhrawati Zuhrawati Zultiniar Zultiniar