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All Journal JUSTISI Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Mohamad Hilal Nu'man
Universitas Muhammadiyah Bandung
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Marriage and Divorce Practices in the Society of Bandung: Contestation of Islamic and State Law Diana Farid; Muhammad Husni Abdulah Pakarti; Iffah Fathiah; Hendriana Hendriana; Mohamad Hilal Nu'man
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i1.5673

Abstract

Differences in marriage and divorce law in Islamic and state law One of the triggers for the initial causes of the disorderly implementation of marriage and divorce in the Sukajadi Bandung community was an understanding regarding the separation of religion and state law as well as social welfare factors related to law enforcement. This study analyzes the legal consequences, factors, and legal remedies that can be taken in unregistered marriages and divorces. The method used in this study is empirical-juridical with a qualitative approach. This approach is carried out to obtain information in the Sukajadi Bandung community regarding unregistered marriages and divorces. The results of the study show that the factors behind the rampant practice of unregistered marriages and divorces are not recorded because people's understandings of the dichotomy between Islamic law and that of the state are different. There is a link between the legal awareness of the community and its understanding of religion and welfare. In addition, unregistered marriages and divorces have an impact on the absence of marriage, inheritance, custody, and maintenance, which are detrimental to children and wives. Several efforts need to be made to minimize the occurrence of unrecorded marriages and divorces, including counseling, legal assistance for divorce victims, mediation, and consultation. This effort does not only involve the government and law enforcers but also preachers, lectors, and social organizations.
Putusan Hakim Dalam Menuntaskan Sengketa Perkawinan Poligami Di Indonesia Nuryamin Nuryamin; Diana Farid; Muhammad Husni Abdulah Pakarti; Hendriana Hendriana; Mohamad Hilal Nu'man
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2303

Abstract

Polygamy only applies to those who according to law and religion allow their husbands to have multiple wives. This is explained in the general description of the Marriage Law Point 4c, which states: As permissible by law and the religion concerned, a husband can have multiple wives only if the parties so desire. The court has absolute power to negotiate on the basis and conditions of the polygamy permit application and the court has the authority to try and make decisions in the form of legal considerations and reasons. The scholars, the Prophets of the Qur'an and Hadith, depending on the case. In order not to harm the parties in the proceedings, cases decided in court must have clear reasons. Courts need such evidence to determine their case. Article (1) Law Number 7 of 1989 concerning the Religious Courts regulates all court decisions with reasons, and special provisions or relevant legal written sources used as the basis for decisions.
Co-Authors Diana Farid Hendriana Hendriana Iffah Fathiah Muhammad Husni Abdulah Pakarti Nuryamin Nuryamin