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All Journal Al-Syakhsiyyah : Journal of Law and Family Studies
Abdilah, Nadhruna'im
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Guarantee’s Rights in Marriage by Perspective of Womens’s Study Center of Sunan Kalijaga UIN: A gander Perspective Study Abdilah, Nadhruna'im
Al-Syakhsiyyah: Journal of Law & Family Studies Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v5i1.6070

Abstract

Based on the changing meaning of ijbar, which the majority of Indonesians equate with ikrah, especially from the gender perspective of the Women's Study Center at UIN Sunan Kalijaga, researchers are encouraged to do the following research . From the perspective of gender institutions, what is the development of the implementation of Ijbar rights in Indonesia today? Equality, UIN Sunan Kalijaga Women's Studies Center? (3) Women's human rights degraded as a result of forced marriage as a result of the use of ijbar in marriage, based on the perspective of UIN Sunan Kalijaga's Center for Women's Studies What are the legal protections for the research? As a research type, we have adopted a field research with a statutory formal approach. The data analysis method uses descriptive analysis in multiple stages such as pre-study, data processing, data validity check and data analysis. All data were obtained by observation and interview methods. The research showed that after the enactment of the Marriage Law and the compilation of Islamic law, absolute rights to izibals became unenforceable in Indonesia. Many articles indicate that permission for newlyweds or would-be couples is an important part of the wedding ceremony itself. According to UIN Sunan Kalijaga's Center for Women's Studies, Ijbar's conception of her Fiqh There are legal grounds. The basis is in the hadiths of the Prophet found in various hadith books. As one of the concepts forming the legal basis of fiqh in relation to the rule of law, fiqh experts hold mixed opinions on forced marriage (ijbar). The Women's Studies Center at UIN Sunan Kalijaga offers her two types of legal protection in terms of Islamic law to women whose human rights have been violated as a result of marriage to Ijbar rights. First, all women have an equal right to choose a partner. Second, women may be asked by their guardians permission to marry without their knowledge or consent.
Guarantee’s Right In Marriage By Perspective Of Women’s Study: A Gender Perspective Abdilah, Nadhruna'im; Yuni, Kusnul Ciptanila
Al-Syakhsiyyah: Journal of Law & Family Studies Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.6640

Abstract

Departing from the shift in the meaning of ijbar which is identified with ikrah by most Indonesian people, especially in the gender perspective, the center for women's studies UIN Sunan Kalijaga, encourages researchers to conduct a study on the development of the implementation of ijbar rights in Indonesia today as well as legal regulations regarding the implementation of ijbar rights in marriage which are still a tradition in Indonesia and legal protection for women's human rights that have been degraded as a result of forced marriage as a consequence of the application of ijbar in a marriage. The type of research used is field research with a legal-formal approach. The results showed that the absolute right of ijbar thereafter should no longer be exercised in Indonesia after the birth of the Marriage Law and the Compilation of Islamic Law. From a number of chapters it is clear that the permission of the bride and groom, or prospective husband and wife, is an important component of the marriage itself. The concept of ijbar has a legal basis in fiqh, fiqh experts have different opinions about forced marriage (ijbar). Center for Women's Studies UIN Sunan Kalijaga provides two types of legal protection for women whose human rights are violated because of marriage with ijbar rights from the point of view of Islamic law. First, every woman has the same right to choose her partner. Second, a woman may ask her guardian's permission to marry her without his knowledge or consent.
Guarantee’s Right In Marriage By Perspective Of Women’s Study: A Gender Perspective Abdilah, Nadhruna'im; Yuni, Kusnul Ciptanila
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.6640

Abstract

Departing from the shift in the meaning of ijbar which is identified with ikrah by most Indonesian people, especially in the gender perspective, the center for women's studies UIN Sunan Kalijaga, encourages researchers to conduct a study on the development of the implementation of ijbar rights in Indonesia today as well as legal regulations regarding the implementation of ijbar rights in marriage which are still a tradition in Indonesia and legal protection for women's human rights that have been degraded as a result of forced marriage as a consequence of the application of ijbar in a marriage. The type of research used is field research with a legal-formal approach. The results showed that the absolute right of ijbar thereafter should no longer be exercised in Indonesia after the birth of the Marriage Law and the Compilation of Islamic Law. From a number of chapters it is clear that the permission of the bride and groom, or prospective husband and wife, is an important component of the marriage itself. The concept of ijbar has a legal basis in fiqh, fiqh experts have different opinions about forced marriage (ijbar). Center for Women's Studies UIN Sunan Kalijaga provides two types of legal protection for women whose human rights are violated because of marriage with ijbar rights from the point of view of Islamic law. First, every woman has the same right to choose her partner. Second, a woman may ask her guardian's permission to marry her without his knowledge or consent.
Analysis of Guarantee’s Rights in Marriage by Perspective of Womens’s Study Center of Sunan Kalijaga UIN: A gander Perspective Study Abdilah, Nadhruna'im
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 5 No. 1 (2023)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v5i1.6070

Abstract

Based on the changing meaning of ijbar, which the majority of Indonesians equate with ikrah, especially from the gender perspective of the Women's Study Center at UIN Sunan Kalijaga, researchers are encouraged to do the following research . From the perspective of gender institutions, what is the development of the implementation of Ijbar rights in Indonesia today? Equality, UIN Sunan Kalijaga Women's Studies Center? (3) Women's human rights degraded as a result of forced marriage as a result of the use of ijbar in marriage, based on the perspective of UIN Sunan Kalijaga's Center for Women's Studies What are the legal protections for the research? As a research type, we have adopted a field research with a statutory formal approach. The data analysis method uses descriptive analysis in multiple stages such as pre-study, data processing, data validity check and data analysis. All data were obtained by observation and interview methods. The research showed that after the enactment of the Marriage Law and the compilation of Islamic law, absolute rights to izibals became unenforceable in Indonesia. Many articles indicate that permission for newlyweds or would-be couples is an important part of the wedding ceremony itself. According to UIN Sunan Kalijaga's Center for Women's Studies, Ijbar's conception of her Fiqh There are legal grounds. The basis is in the hadiths of the Prophet found in various hadith books. As one of the concepts forming the legal basis of fiqh in relation to the rule of law, fiqh experts hold mixed opinions on forced marriage (ijbar). The Women's Studies Center at UIN Sunan Kalijaga offers her two types of legal protection in terms of Islamic law to women whose human rights have been violated as a result of marriage to Ijbar rights. First, all women have an equal right to choose a partner. Second, women may be asked by their guardians permission to marry without their knowledge or consent.
Co-Authors Kusnul Ciptanila Yuni K