Jurnal Ar-Risalah
Vol 1, No 1 (2021): Volume 1 Nomor 1, 2021

ANALISIS SPIRITUAL CHARACTER PELAKU ISBAT NIKAH DI PENGADILAN AGAMA WATAMPONE

Syam, Andi Sri Mardiyanti (Unknown)



Article Info

Publish Date
03 Jun 2021

Abstract

Regarding the marriage legalization cases in the Religious Court  of Watampone, if the formal requirements have been met, then the religious court by the judges will make a verdict or decision of which written "the applicationis approved". Meanwhile, if the formal requirements are not met, then the judge will make a verdict or decision declaring that "the application is overruled". Judge in deciding a case will pay attention on posita and should be in accordance with existing procedures, among others, present witnesses at the hearing and show that there is evidence for consideration. The judge will put forward maqasid syari’ah, so that the impact will be on the benefit of generations, to keep and maintain the honor that will be seen in the decision or verdict of the judge who accepted and granted other. Therefore, marriage legalization in principle is one of the legal protection, as referred to in Article 7 KHI, toward a marriage that cannot be proven with a marriage certificate as an authentic document in accordance with the mandate of Marriage Act.

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Journal Info

Abbrev

arrisalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ar-Risalah: published by Islamic Family law Postgraduate Program of Institut Agama Islam Negeri Bone since 2021. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the ...