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STUDI NORMATIF YURIDIS SENGKETA PENYALAH GUNAAN HARTA GONO GINI Ubaidillah, M. Burhanuddin; Shinwanuddin, M.
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : ProdiĀ  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

In practice, disputes often arise between married couples in the division of marital property in court. Even in the court process, there are often disputes about the division of marital property, which further complicates the divorce process because each party claims that the property is part of their rights. This article focuses on a normative juridical study of disputes over the misuse of marital property due to death, divorce, and polygamy. It begins by examining the concept of normative juridical methods, the historical roots of the term "marital property," the legal basis of marital property in Indonesian law, and a normative juridical study of disputes over the misuse of marital property due to death, divorce, and polygamy. The research results show that husbands and wives have the same rights and obligations to marital property. Wives have the same rights and obligations to marital property, namely to maintain their husband's property that is in their possession and joint property. The use of marital property by the husband for the needs of children from the first marriage must be with the wife's consent. A husband who does not fulfill his obligations, such as not providing for his wife, is included in the category of nusyuz and neglects his obligation to ask for permission to use marital property with his second wife. The solution that can be taken is consultation and peace. If the peace effort fails and even triggers a dispute (syiqaq) between the husband and wife, the solution is to bring in a mediator (hakam) from each party.
DASAR WAJIB PATUH PADA UNDANG-UNDANG PERKAWINAN (UUP) DALAM KONTEKS INDONESIA Mustakim, Ahmad; Shinwanuddin, M.
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This article aims to address the ambiguity or phenomenon developing in society regarding the obligation to comply with the Marriage Law in Indonesia. This is because Indonesians possess dual identities: as Muslims who must follow the rules of our religion, and as citizens of Indonesia who are required to adhere to the laws in force in Indonesia (Positive Law). These dual identities among Indonesian Muslims can become a serious issue if we are not wise in making decisions, especially regarding marriage. As Indonesian citizens and Muslims, we are obliged to comply with the Marriage Law because, as citizens of Indonesia, we are certainly required to follow it. This article addresses this issue by stating that the obligation to comply with the Marriage Law, when aligned with the Qur'an, can be found in Surah al-Nisa' (4:59) as a legal argument. This position arises because, in addition to being commanded to obey Allah and the Prophet, we are also commanded to obey those in authority (Ulil Amri), who, in the context of Indonesia, refers to the government/leaders. The relevance of the Marriage Law to Ulil Amri is that the Marriage Law is a product of the government. Ulil Amri includes a combination of leaders, Umara, and society working together for the welfare of the community, which means that as Indonesians and Muslims, we are obliged to obey it.
Pengaruh Ukuran Pemberian Nafkah Keluarga Dalam Mewujudkan Keluarga Yang Harmonis Wijaya, Jufri Aldhi; Shinwanuddin, M.
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

Marriage is a method chosen by God as the way for man to live. Maintaining the permanence of a marriage in harmony, full of love and affection is not easy. Because inmarriage there are rights and obligations that must be fulfilled each between husband and wife. Among the obligations of the husband is to provide for the wife, that is, all the needs and necessities that apply according to circumstances and places, such as food, clothing, home and so on. The study and discussion of this thesis is how the level of provision of income according to the people of Bancong Village, Wonoasri District, Madiun Regency, how household harmony according to the people of Bancong Village, Wonoasri District, Madiun Regency and how the relevance of the level of providing income to household harmony in the community of Bancong Village, Wonoasri District, Madiun Regency. The type of research used by the author in this thesis is field research. While the approach used in this study is qualitative. This research is descriptive. In data collection researchers use interview, observation and documentation methods. Data analysis techniques use data reduction, data presentation and conclusion drawing / verification. The results of this study show that in the opinion of the people of Bancong Village, Wonoasri District, Madiun Regency, the rate of providing is the size or size of the income given by the husband to the wife each month and cannot be determined the amount each month because it depends on the income obtained by the husband in that month and who regulates family needs is the wife while the husband has the obligation to earn a living to meet the needs family. While a harmonious household is the provision of overall husband affection to the whole family and the balance between the rights and obligations of married couples so that the family is always in peace and peace without any gaps between one another. Meanwhile, regarding the relevance of the level of provision according to the people of Bancong Village, Wonoasri District, Madiun Regency is that it cannot have an influence because the local community does not really mind the rules on the rate or size of bread, the most important thing is that the provision can meet the needs of the family.