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All Journal JL3T (Journal of Linguistics, Literature and Language Teaching) Jurnal Hukum Islam dan Hukum Keluarga
Muzammil, Sa’dulloh
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Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Hukum Islam dan Hukum Keluarga

 1 
URGENSI PENCANTUMAN HAK-HAK ISTRI DALAM GUGATAN CERAI DI PENGADILAN AGAMA KELAS I-A PONTIANAK Febriani, Sabila; Ma'u, Dahlia Haliah; Muzammil, Sa’dulloh
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.1368

Abstract

The purpose of this research are to know: 1) Why did the inclusion of wives’ rights come as a requisite for filing a divorce at the religion court of the I-A Pontianak; 2) the effect of filing wives’ rights in filing for divorce at the religion court of the I-A Pontianak. Researchers use qualitative methods of study with a type of empirical judicial research and a qualitative approach. Data sources use the primary data of the religious court judge as a source in interviews conducted by researchers. While secondary data sources include a compilation of Islamic law, SEMA, PERMA, a letter from the Dirjen Badilag of the republic of Indonesia, books, journals, articles, and so forth on the research topic. A data-collection technique that conducting interviews and accompanied by documentation. Then technical data analysis, researchers performed data reduction, data presentation and came up with a conclusion. Then, the data was verified by the member check. The result of this study show that: 1) The inclusion of wives’ rights as a requisite for filing a divorce isn’t a requirement for filing a divorce at the religious court of the I-A Pontianak. But, the inclusion of women’s rights after divorce is highly recommended, because it has a rule over such rights, which is the rights of the post-female population of iddah living, of mut’ah and madhiyyah; 2) The positive effect of these regulations is to provide protection for women’s rights after divorce and to give their wives an advantage in post-divorce finance, while the negative effects of the divorce lawsuit that the wife makes are even higher than the husband’s. The effect of women’s rights after the divorce also affects the level of legal compliance, and the effect on the divorce proceedings is that it can make the trial long to the point of proof.
FAKTOR-FAKTOR PERNIKAHAN PAKSA (NIKAH SIRRI) DI DESA SIMPANG KANAN KECAMATAN SUNGAI AMBAWANG KABUPATEN KUBU RAYA Ubaidillah, Ubaidillah; Marluwi, Marluwi; Muzammil, Sa’dulloh
Al-Usroh Vol. 2 No. 1 (2022): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v2i1.544

Abstract

The purpose of this study was to find out: 1) What factors caused forced marriages to be carried out in Simpang Kanan Village, Sungai Ambawang District, Kubu Raya Regency; 2) In order to find out the opinion of religious leaders regarding forced marriages in Simpang Kanan Village, Sungai Ambawang District, Kubu Raya Regency. This research uses qualitative research which is classified into field research and normative-empirical approach. The data sources in this study used primary data sources in the form of interviews with religious leaders in Simpang Kanan Village, Sungai Ambawang District, Kubu Raya Regency, whose subjects had been determined, while secondary data sources were books, laws, regulations, journals, and works. other scientific sources that can complement and strengthen this research. The data collection technique in this study was using interviews. Furthermore, the data analysis technique, the researcher uses data reduction, data presentation, and drawing conclusions. The technique for checking the validity of the data is using a member check. The results obtained in this study indicate that: 1) The factors of forced marriage in Simpang Kanan Village, Sungai Ambawang District, Kubu Raya Regency, some people who carry out forced marriages are carried out due to several factors as follows: Social norms factors, Parents factors , the kiai/teacher factor; 2) Forced marriage according to religious leaders in Simpang Kanan Village, Sungai Ambawang District, Kubu Raya Regency, a. Forced marriage is considered normal by some people, b. Based on the opinion of religious leaders who refer to the opinion of Imam Syafi'i that forced marriages may be carried out, c. Marriages carried out by force in Simpang Kanan Village, Sungai Ambawang District, Kubu Raya Regency are still allowed according to the opinions expressed by religious leaders. Keywords: Marriage, Forced Marriage, Religious Leader
Co-Authors Febriani, Sabila Ma'u, Dahlia Haliah Marluwi, Marluwi Ubaidillah Ubaidillah