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All Journal International Journal of Contemporary Islamic Law and Society
Rusli Rusli
Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu
Religion Social Sciences

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The Concept of A Marriage Agreement in the Compilation of Islamic Law Haerunnisa Yunus; Rusli Rusli; Abidin Abidin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 2 No 2 (2020)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (561.344 KB) | DOI: 10.24239/ijcils.Vol2.Iss2.20

Abstract

The aim of this paper is to discusse the concept of a marriage agreement in the Compilation of Islamic Law. This study is literature review research with a qualitative methods. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The result of research shows basically, there is no difference between the Marriage Law and the Islamic Law Compilation regarding the marriage agreement. Second, the legal consequences of the marriage agreement made by each party—husband and wife, are binding. Therefore, if a violation occurs, each party can take legal action.
Gender Analysis of Marriage Guardians in the Compilation of Islamic Law Abd. Rasyid Sidiq; Rusli Rusli; Syahabuddin Syahabuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.913 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.24

Abstract

The concept of marriage guardians in Islamic Law Compilation still seems biased and patriarchal, because women do not have the right to marry themselves or others. Articles on guardian of marriage are still less responsive to women's interests. A gender imbalance regarding the concept of marriage guardians is further strengthened by the provisions of marriage guardians in the Islamic Law Compilation which are strictly aimed at men. This research used literature review method based on the Compilation of Islamic Law and gender theory. This study found that, the information about guardian of marriage which is a man’s right from the father's line is actually in line with the pagan Arab culture, including the contribution of Quraish hegemony in interpreting religious propositions. In this regard, Arab societies like Quraish had great respect for a person based on their lineage, so that everyone who was respected would wholeheartedly keep their honor. The lineage in Arabic culture is in the hands of the male lineage, and women are entered into second-class citizens in front of them.
Analysis of Judges’ Considerations in Deciding Child Care Case Against Apostate Wife Aryati Yahya; Rusli Rusli; Muhammad Akbar
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.63 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.34

Abstract

The study focuses on analysis of the judge’s consideration in deciding the case of child care against the wife who converted to religion other than Islam. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at Parigi Religious Court. The findings of the study show that The judges have paid attention to the juridical, philosophical and sociological aspects that reflect the principles of legal certainty, justice and expediency in giving decisions. In addition, the judge’s basic consideration in granting the divorce suit was based on the assumption that if in a conflicting household atmosphere, according to the judge, divorce was the best solution to avoid greater harm on the grounds that the purpose of marriage was to realize harmonious family.
Co-Authors Abd. Rasyid Sidiq Abidin Abidin Aryati Yahya Haerunnisa Yunus Muhammad Akbar Syahabuddin Syahabuddin