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Wahyu Safitri
Institut Agama Islam Abdullah Said Batam

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PERKAWINAN BEDA AGAMA DALAM PRESPEKTIF HADITS Lukman Hakim; Irwansyah; Wahyu Safitri
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

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Abstract

The phenomenon of interfaith marriage in Indonesia today is increasingly difficult to contain. Because the District Court in Surabaya has given its blessing and legalized interfaith marriages. Indeed, this phenomenon occurs, but until now interfaith marriages continue to occur. Although previously the legislation regarding marriage already existed. Only the prohibition of interfaith marriage has not been determined explicitly. The prohibition of interfaith marriages is only contained in the Compilation of Islamic Law (KHI) articles 40 and 44. Unfortunately, these two articles were weakened by the government by giving legal legitimacy through the Supreme Court Decree Number: 1400 k/Pdt/1986. Apart from that, Islamic law also has a big role to play in examining interfaith marriage laws, because marriage cannot be separated from religious rules. Based on these problems. So the focus of this research is how interfaith marriages in the perspective of Hadith. This study uses library research methods (library research). If examined in the hadith, there is no textual hadith that prohibits interfaith marriages. It's just that there is one piece of hadith that substantially instructs the Ummah of the Prophet Muhammad to pay attention to the quality of prospective husbands and prospective wives. This proposition is correlated with the concept of sadd dzariah and fiqh rules which sound dar'ul mafasid maqoddamun alajalbil masolih. So interfaith marriage in the perspective of hadith, the law is haram.
TINJAUAN HUKUM ISLAM TERHADAP PERNIKAHAN DINI Wahyu Safitri
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

This article focuses on early marriage. Where early marriage in today's life has become a social phenomenon involving marriage occurring at a relatively young age, especially in adolescents or children. In the context of science and health, early marriage has far-reaching consequences and implications. The review aims to analyze the foundations of Islamic law underlying early marriage, examine Islamic legal perspectives on early marriage, and explore the advantages, challenges, and implications associated with early marriage in Islam. This article also tries to make a fundamental point in dealing with this issue. The research method used is a library study involving analysis of primary sources, such as and secondary sources consisting of books, journal articles, fatwa, analysis results suggest that Islamic law provides the basis for early marriage, taking into account certain aspects, This means that although there is no proof of Islamic law to prohibit early marriage, it does not mean that early marriage can be prohibited. And ideally there should be crucial considerations for such early marriage. However, this review also reveals the advantages and challenges related to early marriage in the context of Islamic law. Benefits of early marriage include the fulfillment of sharia, the stability of the family, and the fulfillment of individual physical and emotional needs. However, early marriage challenges include health risks, as well as physical and psychological imbalances that may occur in married couples at an early age. On the other hand, negative effects also cause domestic violence, divorce and childbirth deaths. In conclusion, early marriage in the review of Islamic law is legal marriage. Nevertheless, it is ideal for the state to be present to consider the continuation of early marriage phenomen that occur in this country considering that there are a number of negative effects that will occur from early marriage.