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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam El-Usrah: Jurnal Hukum Keluarga
Mardiana, Juli
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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The Impact of The Minimum Age Limit Regulation for Continuing Child Marriage After the Birth of Law Number 16 Of 2019 on The Child's Future Hayati, Amal; Hudafi, Hamsah; Mardiana, Juli; Limbong, Abdul Kalam
El-Usrah: Jurnal Hukum Keluarga Vol 6, No 1 (2023): El-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v6i1.16837

Abstract

Regulations will always be present as a compass so that humans as social creatures do not run away from the right path. This study shows from a direct perspective from society's perspective the impact of the Minimum Age Regulations for Entering into Child Marriages After the Birth of Law Number 16 of 2019 on the future of children which is studied by looking at how much the implementation of this law is in line with the current rules and habits of society. By using a descriptive research method, the author aims to be able to obtain results from research carried out using a Sociological Juridical approach, namely assessing the work of law in society because the functioning of law in society can be seen from the level of legal effectiveness. From the results of research on the impact of regulations on the minimum age limit for entering into a child marriage after the birth of Law Number 16 of 2019 on the future of children, it is clear that the law or a rule must always be updated so that it cannot be broken by developments in society's behavior as a legal subject
Polygamy and Nikah Sirri Culture of Agen Thrifting Families in Teluk Nibung: An Islamic Family Law Perspective Mardiana, Juli; Siddiq Turnip, Ibnu Radwan; Haekal, Fikri
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i2.8981

Abstract

Ideally, Islamic family law regulates polygamy with clear provisions to ensure justice and the welfare of all parties involved. In reality, within the culture of Agen Thrifting families in Teluk Nibung, Tanjung Balai, polygamy and nikah sirri (unregistered marriages) are often adopted as strategies to circumvent stringent legal regulations, creating issues related to legal status and family rights. This study aims to examine the practices of polygamy and nikah sirri in the context of Agen Thrifting families, focusing on how these practices interact with Islamic family law provisions. This article is categorized as qualitative field research. The methodology employed is a juridical-empirical approach, combining legal analysis with direct field observations. The research findings indicate that the culture of polygamy among Agen Thrifting families is often accompanied by nikah sirri as an effort to evade strict legal regulations. This results in negative impacts, including family separation and unclear status of children. Such practices undermine the principles of Islamic family law, particularly the assurance of family rights protection and legal recognition in accordance with justice principles.
Co-Authors Adnir, Farid Damayanti, Alfina Haekal, Fikri Hudafi, Hamsah Jayawarsa, A.A. Ketut Limbong, Abdul Kalam Siddiq Turnip, Ibnu Radwan