COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat
Vol. 2 No. 11 (2023): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat

Tinjauan Keabsahan Akad Perkawinan Mempelai Pria Penyandang Disabilitas Dihubungkan dengan Undang-Undang Perkawinan dan Hukum Islam

Karwiyah Karwiyah (Universitas Padjadjaran, Indonesia)
Renny Supriyatni (Universitas Padjadjaran, Indonesia)
Fatmi Utarie Nasution (Universitas Padjadjaran, Indonesia)



Article Info

Publish Date
27 Mar 2023

Abstract

People with disabilities, namely the speech impaired as normal human beings, have sexual desires with the opposite sex and want to be able to carry out the sacred bonds of marriage. Confusion in society makes the marriage contract as one of the pillars of marriage carried out with various forms of sign language methods. The objective to be achieved in this study is to understand and determine legal certainty regarding the position and analyze the legal consequences of the marriage contract related to the Marriage Law and Islamic Law. This research uses a normative juridical approach method with research specifications that are analytical descriptions. The data collection techniques used are in the form of literature studies, field research using data collection techniques, and interviews so that the data analysis method used is qualitative juridical. The results showed that the marriage contract by the bridegroom with a disability is valid according to the Marriage Law and Islamic Law which is in line with the effectiveness of article 17 paragraph (3) of the Compilation of Islamic Law and jurisprudence. The legal consequences that arise according to the Marriage Law and Islamic Law are the relationship between husband and wife to their respective rights and obligations, the emergence of a relationship with their marital property, and the child born is a legal child and obtains the right of inheritance of his parents.

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Journal Info

Abbrev

comserva

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Social Sciences

Description

The mission of COMSERVA : Indonesian Jurnal of Community Services and Devleopment as the result of community services activities. The activities are including the implementation of science development and applied technology to empower society and realize sustainable development. The journal ...