Musawa : Jurnal Studi Gender dan Islam
Vol. 12 No. 2 (2013)

POLITIK HUKUM ITSBAT NIKAH

Rahayu, Ninik (Unknown)



Article Info

Publish Date
01 Mar 2016

Abstract

Marital Itsbat is still necessary as a policy, even for marriages conducted prior to the  entry to force of Law No. 1 of 1974 on Marriage. Changes regarding the provision of Itsbat are necessary to ensure that the law could still act as the guardian of legal certainty to achieve justice for citizens. In reality, a policy of legitimizing marital. Itsbat is necessary in Indonesia’s legal politics, which is not only based on past marital laws (iusconstituendum), current laws but must also encompass the need to regulate future marriages (iusconstitutum. Considering thse needs, the policy in question must not only fulfill the needs of Muslims, but also those who are deprived  of the chance to legitimize their marriages’ documentation; whether due to poverty, ignorance or other factors (such as the religious validity of the couple), migration or other issues. This material change of Itsbat should still be based on the principle of protection and non-discrimination towards women so that it can still give a sense of justice to women. In other words, it should not only stem from the fulfillment of the requirements in Law No. 1 of 1974, which in reality has been proven to be discriminatory to women.

Copyrights © 2013






Journal Info

Abbrev

MUSAWA

Publisher

Subject

Religion Arts Humanities Education Social Sciences

Description

Musãwa Journal of Gender and Islamic Studies was first published in March 2002 by PSW (Pusat Studi Wanita) Sunan Kalijaga Yogyakarta under contribution with the Royal Danish Embassy Jakarta. In 2008, published twice a year in collaboration with TAF (The Asia Foundation), namely January and July. ...