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PRADIGMA HUKUM ISLAM DAN HUKUM POSITIF PADA PERKAWINAN DIBAWAH UMUR TANPA IZIN ORANGTUA Sawaluddin Siregar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v8i1.5692

Abstract

In this article the author will examine the regulation of underage marriage without parental consent. The author explains through the eyes of Islamic law and positive law. What are the legal consequences for underage marriages without parental consent? While the research method carried out by the author is through a normative juridical approach. That refers to the norms contained in Islamic law and positive law. While the nature of this research is analytical descriptive.The results of the study explain that underage marriage without parental consent in Islamic law and positive law cannot be justified. This means that these two laws prohibit underage marriages from taking place without parental consent. The legal consequences are both null and void. The difference between Islamic law and positive law in terms of marriage is the setting of age limits and the granting of parental consent. 
RELEVANSI TERM KAFA’AH PADA PERNIKAHAN ADAT BATAK MANDAILING DI TABAGSEL Sawaluddin Siregar; Misbah Mardia
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i2.4688

Abstract

In the Mandailing community in Tabagsel, they tend to ignore the element of estrangement when looking for a life partner for their child. Most of those who marry off their sons and daughters without sequencing become households with broken homes, often resulting in divorce. This research is categorized as descriptive qualitative research. The data is taken from predetermined informants (people who marry without kafa'ah, village heads, traditional leaders, and in the form of books, the results of previous research that are relevant to the focus of the study. With data collection techniques through observation, interviews, and documentation.            The findings in the field indicate that the mandailing community in Southern Tapanuli. Not paying attention to the kafa'ah factor in marriage. Many are married without kafa'ah in the household. Often found discrepancies, fights, cornering each other, not even a little lead to a court (divorce) due to not paying attention to the element of kafaah in question. Through this research, it is hoped that in the future the community will consider the kafaah element in marriage. Because with kekufu in a marriage it will be easy to make the family sakinah, mawaddah warahmah, my home is my heaven