International Journal of Sharia Studies
Vol. 1 No. 1 (2023): International Journal of Sharia Studies

Criminal charges in marriage from the perspective of positive law in Indonesia

Anizar Anizar (Program Studi Hukum Ekonomi Syariah, Institut Agama Islam Negeri Langsa)



Article Info

Publish Date
06 Oct 2023

Abstract

Charges of violating family law are one form of reform of marriage law that was never previously regulated. Muslim countries have different legal provisions against charges for violations of this family law. This research uses the literature method and normative juridical approach by examining library data as the source. Primary data sources used in this research are books, laws, court decisions, legal theories and opinions of jurists related to family law charges, and previous studies such as relevant research. This research aims to determine the legal provisions regarding charges for family law violations. The results of the discussion and research explain that not all countries have legal provisions regarding charges in violation of this family law, and the legal provisions regarding these charges vary from one country to another. In general, the legal charges are related to violations of various issues surrounding marriage, such as underage marriage, forced marriage, prevention of marriage permitted by sharia law, prohibited marriage, marriage registration, out-of-court marriage, dowry, marriage expenses, polygamy, divorce, maintenance, treatment of wives, women’s rights after divorce, and inheritance rights from spouses and families.

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Journal Info

Abbrev

ijss

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The focus and scope are directed toward scholarly studies oriented to Legal Studies, Islamic Law, Economics, Islamic Economics, Micro, Small, and Medium Enterprises (MSMEs), Islamic Business, Accounting, Finance, and other related themes. This journal serves as an academic platform for research ...