Chaula Luthfia
Fakultas Hukum Universitas Sultan Ageng Tirtayasa

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Pandangan Fikih Terhadap Pembatasan Minimal Usia Perkawinan Hamdan Arief Hanif; Chaula Luthfia
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.17017

Abstract

Law Number 16 of 2019 is a law that the main point is to regulate new regulation regarding the minimum age for marriage. Previously, the minimum age for marriage was 19 years for men and 16 years for women. Then this minimum limit was changed to 19 years for both. In Islam, the marriage contract (‘aqd) is a contract that is full of religious activities. However, in Islamic law or fiqh, there is no any evidence that clearly regulates the minimum age for marriage. This paper aims to analyze the rules for limiting the minimum age for marriage from a fiqh perspective. This type of research is normative-empirical legal research with a conceptual approach. The results of the study show that normatively, changes of Law Number 16 of 2019 have been in line with the provisions and principles in fiqh. However, in practice, this research proves that the changing of this law is not fully in accordance with the purposes and benefits in fiqh.
Hak dan Kewajiban Suami Istri Perspektif Hukum Islam (Studi Kasus Wanita Karir Di Desa Benda Kec. Sirampog Kab. Brebes) Badriah Badriah; Chaula Luthfia; Qotrun Nida
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i1.19800

Abstract

Based on Islamic sharia teachings, a wife has obligations that must be carried out in the household, including obligations to husbands, obligations to children and also obligations to parents. The entry of wives into the world of work provides various changes in roles in carrying out their obligations and rights that have been agreed upon by husband and wife in the marriage system and this can be a source of problems for husbands and wives in the continuity of their marriage. A married couple in Benda village, Sirampog District, Brebes Regency is an example of a family that has experienced a shift in roles due to the participation of wives in making a living. This research is a field research using a sociological normative approach. This approach is intended to know and provide an overview of the fulfillment of the rights and obligations of husband and wife in the family of career women. From the results of the study, informants shared domistic work roles with husbands, 25% of informants acted as career women with conditions and limitations of domestic work had been carried out, 25% of informants performed the role of career women with full flexibility without being burdened by domestic work. This is in accordance with the Marriage Law on the rights and obligations of husband and wife in chapter V articles 30 to 34. Double burden wife who acts as a career woman who has an impact on domestic affairs. Where domestic affairs then become a shared responsibility with the man/husband, this is also as implicitly shown in QS An-Nisa: 32 and QS. Al-Baqarah [2]: 228.