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Birbik, M. Hafil
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DINAMIKA PENCATATAN PERKAWINAN DALAM PERSPEKTIF HUKUM KEKELUARGAAN DI INDONESIA DAN PEMBARUAN HUKUM ISLAM Birbik, M. Hafil
International Conference on Humanity Education and Society (ICHES) Vol. 3 No. 1 (2024): Third International Conference on Humanity Education and Society (ICHES)
Publisher : FORPIM PTKIS ZONA TAPAL KUDA

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Marriage registration is one of the family law reformation carried out by muslim countries in the world. The aim is to achieve legal certainly, rule of law, and legal protections of a marriage. Hence, various contries in the Islamic world made the registration of marriage as on oligation which regalized in any regulatory. However, in itsimplementation, there is a difference perspective requirements and not related to the validity of the marriage because in this case validity of the marriage remained propped against the provisions of islmic law. Marriage registration is one of the national legal principles under Law Number 1 of 1974 on marriage. In Indonesia marriage legislation, the existence of marriage registration related to and devined validity of marriage besides following provision of their religions and beliefs. Otherwise registration and making marriage acte is an obligation in marriage legislation in Indonesia. But in the practice, registration and making marriage acte is ambiguity, because that obligation only administratively, not influence to marriage validity. Even the marriage done based on their religion provision, but if not registrate, the marriage does not have legal position. This unregistrative marriage cause husband, wife and ther children do not have legal protection. Relation with that, its need legal reform related to marriage regislation with constectual approach for giving legal certainly and protection for husband, wife and their children.
NIKAH HIBAH DALAM PERSPEKTIF TAFSIR AYAT AHKAM Birbik, M. Hafil
International Conference on Humanity Education and Society (ICHES) Vol. 2 No. 1 (2023): Second International Conference on Humanity Education and Society (ICHES)
Publisher : FORPIM PTKIS ZONA TAPAL KUDA

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Abstract

Marriage is a contract that legitimizes the relationship between a man and a woman with the purpose of building a family that is sakinah (tranquil), mawaddah (loving), and rahmah (merciful). In its implementation, there are specific pillars and conditions that must be fulfilled, including the use of specific utterances in the ijab (offer) and qabul (acceptance). While the majority of Islamic jurists stipulate the use of the terms zawaj (marriage) and nikah (matrimony), some Hanafi scholars permit the use of the term hibah (gift). This article examines the arguments employed by Hanafi scholars, as well as the counter-arguments from the majority of jurists who assert that the permissibility of using the term hibah was a specific privilege granted exclusively to Prophet Muhammad (SAW). This study aims to clarify the legal status of using the hibah utterance in the marriage contract based on the interpretation of legal verses (tafsir ayat al-ahkam) and the opinions of Islamic jurists.
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