scholarly journals Is It Possible to Perform Online Marriage during COVID-19 Outbreak?

2021 ◽  
Vol 1 ◽  
pp. 1-4
Author(s):  
A Syatar ◽  
M Bakry
Keyword(s):  
Marriage Law ◽  
Space And Time ◽  
Legislative Body ◽  
Marriage Contracts ◽  
Islamic Jurisprudence ◽  
The Future ◽  
Marriage Contract ◽  
Marriage Laws ◽  
The Government

This article aims to initiate on performing marriage contracts virtually during the co-19 pandemic in Indonesia. This article adopts normative and empirical facts that occur among Muslims in Indonesia. An interesting result of this study state the teachings of Islamic jurisprudence allows do a marriage contract via online as discussed by classical clerics across schools. The consideration for the government and legislative body in the future should be to look again at the views of classical and contemporary scholars. Muslims must accept the fact that marriage in Indonesia no longer refers to the books of the clergy, but to the marriage law. Therefore, the book of scholars is used as a source for updating the marriage law for the understanding and benefit of Muslims. Without banging on religious and state polemics but integrating them into marriage laws relevant to space and time

scholarly journals Hukum Pernikahan di Kesultanan Melaka Abad ke-15 dan ke-16 M

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 1-32
Author(s):  
Ayang Utriza Yakin
Keyword(s):  
Research Finding ◽  
Islamic Law ◽  
Common Law ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Marriage Law ◽  
Interfaith Marriage ◽  
Marriage Contract ◽  
Marriage Laws

This article examines legal aspects of Marriage law in the Sultanate of Malaka in the 15th and 16th centuries. It focuses on some legal aspects of Undang-undang Melaka (a text of laws of Melaka) represented by Liaw Yock Fang, regarding the issues of marriage such as wali (marriage guardian), ijāb-qabūl (consent of both parties), witness(es), t\alāq (repudiation), faskh (broken marriage contract), interfaith marriage and marrying slave. This study aims to know the source of the marriage laws of Undang-Undang Melaka (UUM). It shows that UUM was a collection of common law in Melaka and consisted of Islamic law. One aspect of Islamic laws was marriage law. In UUM, the legal aspect was based on fiqh of several schools (madhhab), particularly the al-Shāfi‘ī school derived from al-Iqnā’ written by al-Sharbini. This finding also refuses the previous research finding stating that it was derived from al-Taqrīb by Abū Shujā‘. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1248

scholarly journals Juridical Review on Confirmation of Unregistered Marriage (A Case Study of Palu Religious Court)

2019 ◽  
Vol 1 (1) ◽  
pp. 1-21
Author(s):  
M. Bahtiar Tahir ◽  
Sahabuddin Sahabuddin ◽  
Marzuki Marzuki
Keyword(s):  
Field Research ◽  
Research Problem ◽  
Marriage Age ◽  
Marriage Contract ◽  
Research Findings ◽  
Research Implication ◽  
Data Source ◽  
Marriage Laws ◽  
The Government

The research problem formulated was concerning judges’ consideration in determining the confirmation of unregistered marriage at Palu Religious Court as well as a juridical review on the judges’ consideration. The purpose of this research was revealing judges’ consideration in determining the confirmation of unregistered marriage at Palu Religious Court as well as a juridical review on the judges’ consideration. This research used field research methods with a quantitative approach at Palu Religious Court. The data source was coming from observation, interview, and written sources. The writer used observation, interview, and documentation methods in collecting the data. The research findings were that judges’ consideration in Palu Religious Court in determining the confirmation of unregistered marriage generally was already following the rules existing. However, Palu Religious Court did not consider the age of the couples of unregistered marriage in which when they held a marriage contract, evasion of law related to the marriage age of the couples was feared to happen for those holding the confirmation of unregistered marriage. The research implication was that the government should revise the marriage laws an include criminal elements for the couple unregistered marriage. The government also should apply a marriage amnesty program for the couple holding unregistered marriage with a certain period and then apply criminal law for the peoples who are marriage unregistered.

scholarly journals Perempuan Sebagai Wali Nikah

2007 ◽  
Vol 5 (2) ◽  
pp. 281
Author(s):  
Moh. Fauzi
Keyword(s):  
Legal Issue ◽  
Marriage Contracts ◽  
Islamic Jurisprudence ◽  
Marriage Contract

The debate on whether or not a wali is required in a marriage contract has been a long standing issue among Muslim jurists, particularly during the formation of madzahib (schools of thought). The mainstream view held by Indonesian Muslims who are mostly adhered to the Syafi'i madzhab is that the presence of a wali becomes a criteria for the validity of a marriage. However, if the issue of wali is being re-examined by using historical and Islamic jurisprudence approach it is found that the presence of wali is not required in all marriage contracts of all women. A woman may become a wali and may marry off herself without a wali if she fulfils the requirement of being a wali, namely intelligent, sound of judgment, mature and independent. Such a view is held by scholars from the Hanafi school of law. Nevertheless, the concept of wali is not merely a legal issue; it is a meant for guaranteeing the wellbeing of a woman upon entering her marriage. The Prophet is therefore suggested that wali should be presented in a marriage contract.

Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini

2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil
Keyword(s):  
Religious System ◽  
Islamic Jurisprudence ◽  
Ayatollah Khomeini ◽  
The Difference ◽  
The Government ◽  
The Right

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

Een Duits netwerk bij de voorbereiding van de Militärverwaltung in België (1939-1940)

2011 ◽  
Vol 69 (4) ◽  
pp. 289-305
Author(s):  
Etienne Verhoeyen
Keyword(s):  
Study Groups ◽  
Study Group ◽  
Student Group ◽  
German Army ◽  
The Future ◽  
French Speaking ◽  
The Government ◽  
Set Up ◽  
First World ◽  
Preparatory Work

Nadat Hitler in oktober 1939 beslist had een aanval in het Westen te ondernemen, werden in Keulen twee studiegroepen opgericht, die het toekomstig bezettingsregime van België en Nederland moesten voorbereiden. Er was een studiecommissie die geleid werd door de toekomstige leider van het Duits Militair Bestuur in België, Regierungspräsident Reeder, en daarnaast bestond een geheime studiegroep die de Sondergruppe Student werd genoemd. Deze bijdrage belicht het voorbereidend werk van de leden van deze studiegroep op het gebied van handel, industrie, recht, Volkstum en cultuur in België. De groep legde een grote belangstelling voor de Flamenfrage aan de dag en trok daarbij lessen uit de ervaringen met de bezetting van België tijdens de Eerste Wereldoorlog. Ofschoon er van diverse zijden in Duitsland werd op aangestuurd, hebben zowel de 'commissie Reeder' als de Sondergruppe de wederinvoering van de bestuurlijke scheiding van het Vlaams en Franstalig landsgedeelte, één van de 'verworvenheden' van het Vlaams activisme uit 1914-18, beslist afgewezen. De bijdrage laat ook de tegenstellingen zien die in Duitsland bestonden op het gebied van de beïnvloeding (ten voordele van Duitsland) in de te bezetten gebieden. ________ A German network in the preparation of the Militärverwaltung (Army administration) in Belgium (1939-1940)After Hitler had decided in October 1939 to carry out an attack on the West, two study groups were set up in Cologne in order to prepare the future occupational regime of Belgium and the Netherlands.  The future leader of the German Army Administration in Belgium, President of the Government Reeder chaired the study group, and in addition there was a secret study group called the Sondergruppe Student (Special Student Group).This contribution illuminates the preparatory work of the members of this study group in the area of trade, industry, law, Volkstum (nationality) and culture in Belgium. The group demonstrated a lot of interest in the Flamenfrage (Flemish question) and in doing so drew lessons from the experience of the occupation of Belgium during the First World War.Although people from various quarters in Germany aimed for the reintroduction of the governmental separation between  the Flemish and French speaking parts of the country, one of the 'achievements' of Flemish activism from the period of 1914-1918, both the 'Reeder committee' and the 'Sondergruppe' definitely dismissed it. This contribution also demonstrates the contradictions present in Germany in the area of influencing the territories to be occupied (in favour of Germany).

scholarly journals Envisioning Climate Change Adaptation Futures Using Storytelling Workshops

2021 ◽  
Vol 13 (12) ◽  
pp. 6630
Author(s):  
Rachel Harcourt ◽  
Wändi Bruine de Bruin ◽  
Suraje Dessai ◽  
Andrea Taylor
Keyword(s):  
Climate Change ◽  
Social Change ◽  
Climate Change Adaptation ◽  
Local Community ◽  
Adaptation Planning ◽  
The West ◽  
Community Or ◽  
Rebel Groups ◽  
The Future ◽  
The Government

Engaging people in preparing for inevitable climate change may help them to improve their own safety and contribute to local and national adaptation objectives. However, existing research shows that individual engagement with adaptation is low. One contributing factor to this might be that public discourses on climate change often seems dominated by overly negative and seemingly pre-determined visions of the future. Futures thinking intends to counter this by re-presenting the future as choice contingent and inclusive of other possible and preferable outcomes. Here, we undertook storytelling workshops with participants from the West Yorkshire region of the U.K. They were asked to write fictional adaptation futures stories which: opened by detailing their imagined story world, moved to events that disrupted those worlds, provided a description of who responded and how and closed with outcomes and learnings from the experience. We found that many of the stories envisioned adaptation as a here-and-now phenomenon, and that good adaptation meant identifying and safeguarding things of most value. However, we also found notable differences as to whether the government, local community or rebel groups were imagined as leaders of the responsive actions, and as to whether good adaptation meant maintaining life as it had been before the disruptive events occurred or using the disruptive events as a catalyst for social change. We suggest that the creative futures storytelling method tested here could be gainfully applied to support adaptation planning across local, regional and national scales.

Suggestions of China Participating in Global Recyclable Resources Circulation

2014 ◽  
Vol 1010-1012 ◽  
pp. 996-999
Author(s):  
Mo Zhang ◽  
Jing Chen
Keyword(s):  
Environmental Pollution ◽  
The Future ◽  
The Government ◽  
Recyclable Resources ◽  
And Control ◽  
Positive Effect

Development of recyclable resources industry makes a positive effect to alleviate the shortage of resources and control environmental pollution. At present, China's recyclable resources industry still has some problems. The Government should vigorously develop recyclable resources industry and participate in global recyclable resources circulation in the future.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

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