scholarly journals Aspek Hukum Pencatatan Perkawinan menurut Hukum Indonesia di Desa Tumpatan Nibung Kecamatan Batang Kuis Kabupaten Deli Serdang

2019 ◽  
Vol 4 (2) ◽  
pp. 50
Author(s):  
Khairun Nisa ◽  
H.A. Lawali Hasibuan ◽  
Zaini Munawir Lubis
Keyword(s):  
Marriage Record ◽  
The Cost ◽  
Legal Consequences ◽  
Husband And Wife

<p class="1judul"><em>Legal </em><em>Aspects of </em><em>Marriage </em><em>Registration </em><em>According to </em><em>Law of Indonesia in Tumpatan Village Nibung Kecamatan Batang Kuis Deli Serdang District</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>The background of this writing is that there are still records of marriages that have not been registered so that the purpose of this writing. A marriage is legal if carried out according to the laws of religion and their respective beliefs. In addition, every marriage must be registered in accordance with the applicable legislation. For those who are Muslim, recording at the Marriage Registrar, Divorce and Referral. Whereas for various non-Muslims, marriage records are conducted at the Civil Registry Office. However, it is still unregistered. The reason is because the cost of a marriage registration is expensive, the procedure is complicated, and people do not know the benefits of a marriage record. The legal consequences are registered, affecting the position of husband and wife, children's status and property position. Marriage carried out by religion and their respective beliefs is legal, even though they are not registered in the office of the civil register, strictly regulated in Article 2 Paragraph (1) of Law Number 1 of 1974 concerning marriage. If the marriage is not recorded, there is no validity of the marriage. This also means that the marriage never existed. In conclusion, according to Article 2 Paragraphs 1 and 2 that marriages are not listed on the Marriage Registrar, then the marriage is considered non-existent.<strong></strong></h1><p class="1judul"><em><br /></em></p>

scholarly journals Wanita Pencari Nafkah dalam Pandangan Ulama Pedesaan

2019 ◽  
Vol 14 (2) ◽  
pp. 231
Author(s):  
Ila Nurmila ◽  
Zaki Abdul Wahab ◽  
Miftah Farid
Keyword(s):  
Cost Of Care ◽  
Living Alone ◽  
Head Of Household ◽  
The Cost ◽  
Legal Marriage ◽  
Legal Consequences ◽  
Husband And Wife

Marriage is an important worship. Even marriage is a part of perfection in religion. This procession is a sacred thing. Everyone who does marriage must meet the pillars and marital requirements, which leads to the rights and obligations of both. The duty of a husband, as well as a wife varies according to his ability. The legal consequences of a legal marriage include: arising rights between husband and wife, husband becoming head of household and wife becoming housewife. Also arise the obligation of the husband to finance and educate the children and his wife, and seek a place to live with the obligation of the husband with regard to the necessities of life not only provide a living alone. the obligation of the husband also provides shelter, household expenses such as electricity, water and other needs, to the cost of care for the wife and children if they are sick.

Nafkah Sebagai Konsekuensi Logis Pernikahan

AL-HUKAMA ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 218-242
Author(s):  
Darmawan Darmawan
Keyword(s):  
Logical Consequence ◽  
Intimate Relationship ◽  
Qualitative Approach ◽  
Children's Education ◽  
Marriage Contract ◽  
Children’S Education ◽  
Household Costs ◽  
The Cost ◽  
Husband And Wife

This research aims to find out what are the forms of zahir (material) and inner (non-material) livelihood that a husband must give to his wife? Is the living provided by the husband because of the obedience of the wife or because of the marriage contract? By using a qualitative approach. Zahir livelihoods are related to basic daily necessities, which can be classified as الكسوة (clothing), الطعام (food) and السكن (board), household costs and maintenance, the cost of children's education. While the inner livelihood can be classified as: 1) Husband teaches the values of tauhid, morality and worship. 2) Husband treats wife well, gently. 3) Husband gives sovereignty to wife to interact with society. 4) The husband gives an explanation of what the wife is lacking. 5) Having an intimate relationship between husband and wife. Livelihood is the logical consequence of the marriage contract, both zahir and inner. Zahir is a gift from the husband that must be given to the wife when the marriage contract is completed, provided that they both exercise their rights and obligations. If a wife does not fulfill her obligations as a wife, then the husband is not obliged to provide zahir support to his wife. Meanwhile, the inner livelihood is the living that the husband must give to the wife from the completion of the marriage contract until the end of the marriage, whether the wife is obedient or not.

History of Marriage Contracts in Egypt

Hawwa ◽  
2005 ◽  
Vol 3 (2) ◽  
pp. 159-196 ◽  
Author(s):  
Amira El-Azhary Sonbol
Keyword(s):  
Nineteenth Century ◽  
Women's Agency ◽  
Modern Period ◽  
Marriage Contracts ◽  
Personal Status ◽  
History Of ◽  
Women’S Agency ◽  
The Cost ◽  
Husband And Wife ◽  
History Of Marriage

AbstractWhile religious guidance may be central in choosing a spouse or expectations from marriage, until the nineteenth century, it was the contractual nature of marriage that defined the actual union entered into by husband and wife and according to which they lived together. Most importantly, marriage contracts could and often did include specific conditions agreed upon by the parties to the contract. The modern period will witness a shift toward privileging the religious side of marriage at the cost of the contractual and women's agency would experience a serious shift due to modern personal status laws.

scholarly journals RECORDING AND PUBLISHING OF MARRIAGE BOOK IN ORDER TO PREVENT UNREGISTERED MARRIAGE IN BATANGKUIS DISTRICT

2019 ◽  
Vol 3 (2) ◽  
pp. 358-368
Author(s):  
Idha Aprilyana Sembiring ◽  
Zulfi Chairi ◽  
Aflah
Keyword(s):  
Public Awareness ◽  
Development Program ◽  
Community Empowerment ◽  
Long Time ◽  
Legal Consequences ◽  
Husband And Wife

This community empowerment and development program aims to increase public awareness, especially marriage couples in Batangkuis District in legalizing their marriages. Basically, the couples have known the necessity of registering marriages, but do not register for various reasons. They do not have a marriage book even though they have been married for a long time.To achieve this goal, two (2) phases of activities were carried out, (1) Legal counseling carried out for two days in two partner villages with the theme of the introduction, usefulness and benefits of marriage registration and legal consequences arising from not registering marriages and to (2) assistance activities in making marriage books. The targets are couples in the two partner villages who have long been married religiously but have not registered marriage. After legal counseling about the benefits and importance of marriage registration, there was an enthusiasm to ask for assistance in recording their marriages because most of the couples had been married for a long time and had many children but had no evidence of legality of their marriage. The enthusiasm of the husband and wife shows the approach through legal counseling is effective to move their legal awareness to register their marriages.

scholarly journals Peralihan Harta Bersama Melalui Hibah Tanpa Izin Salah Satu Pihak Berdasarkan Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2019 ◽  
Vol 3 (1) ◽  
pp. 81-94
Author(s):  
Agustina Dewi Putri ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Action ◽  
Legal Research ◽  
Shared Property ◽  
Legal Consequences ◽  
Husband And Wife

Menurut Pasal 36 ayat (1) Undang-Undang Nomor 1 tahun 1974, mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak. Adanya ketentuan Pasal tersebut di atas, menunjukkan bahwa jika seorang suami atau isteri, bermaksud melakukan perbuatan hukum yang objeknya terkait dengan harta bersama (misalnya menjual, menghibahkan dan lain-lain), baik itu berupa barang bergerak atau barang tidak bergerak, maka perbuatan hukum tersebut harus didasarkan pada persetujuan kedua belah pihak (suami dan isteri). Untuk mengetahui dan menjelaskan akibat hukum dari peralihan harta bersama melalui hibah tanpa izin dari salah satu pihak. Metode Penelitian yang digunakan adalah penelitian hukum yuridis normatif dan Ketiadaan persetujuan baik suami atau isteri memberi akibat hukum bahwa peralihan harta bersama tersebut menjadi batal demi hukum.As for article 36 paragraph (1) mentions that anything regarded to the shared-property should be with the consent of both parties. It is in line with Article 92 about Compilation of Islamic Law which mentions that either husband or wife without any consent of the other partner is not allowed to sell or transfer the ownerships of the shared-property. Provisionsof the article indicate that if the husband or wife intends to carry out a legal act whose object is related to a common asset (for example selling, granting, etc). whether it is movable or immovable property, the legal action must be based on agreement of both parties (husband and wife). To figure out and explain the legal consequences of share assets transfer throght a grant without permission from one of the parties. Research method used in this is normative juridical legal research. To find out and explain the comparison of provisions on the transfer of property with husband and wife based on Law Number 1 Year 1974 and Compilation of Islamic Law Absence of approval from both husband and wife gives legal consequences that transfer of shared property becomes null and void by law.

scholarly journals Talak di Luar Pengadilan Perspektif Fikih dan Hukum Positif

2021 ◽  
Vol 3 (1) ◽  
pp. 67-84
Author(s):  
M Muhsin ◽  
Soleh Hasan Wahid
Keyword(s):  
Qualitative Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Method ◽  
Marriage Law ◽  
Positive Law ◽  
The Status ◽  
Legal Consequences ◽  
Husband And Wife

Abstract: Divorce is breaking the ties of marriage and ending the husband and wife relationship. According to Fiqh law, divorce is considered legally binding when a husband pronounces the word talaq to his wife clearly and figuratively. Meanwhile, according to the Marriage Law, it is explained that divorce can only be carried out before the court after the court concerned tries and fails to reconcile the two parties. The focus of the problem in this study is: (1) What is the status of divorce outside the court according to fiqh law and positive law? (2) Which is used as a guideline between the two divorce proceedings on the termination of marriage? The type of research conducted by the author is field research using qualitative methods. The analysis used is the descriptive analysis method. The number of respondents in this study was five people with the category of divorce outside the court. Based on the method used in the study, it was concluded that the divorce handed down out of court was legal, according to fiqh, so that the marriage broke up by fiqh rules. However, the divorce is not legal according to positive law in Indonesia, so that in the eyes of positive law, the marriage has not been broken, and the positive law that applies in Indonesia is used as a guide to the dissolution of marriage because the legal consequences arising after the divorce are more clearly regulated so that obligations and rights that arise after the divorce is more secure.Abstract: Talak adalah melepaskan ikatan pernikahan dan mengakhiri hubungan suami istri. Menurut hukum Fikih perceraian dianggap jatuh hukumnya ketika seorang suami mengucapkan kata talak kepada istrinya baik secara jelas maupun kiasan. Sedangkan menurut Undang-Undang Perkawinan dijelaskan bahwa perceraian hanya dapat dilakukan di depan pengadilan setelah pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak. Fokus masalah dalam penelitian ini adalah: (1) Bagaimana status talak di luar pengadilan menurut hukum fikih dan hukum positif? (2) Manakah yang dijadikan pedoman antara dua proses perceraian terhadap putusnya perkawinan? Jenis penelitian yang dilakukan penulis merupakan penelitian lapangan (field research) yang menggunakan metode kualitatif. Analisis yang digunakan adalah metode analisis deskriptif. Jumlah responden dalam penelitian ini sebanyak lima orang dengan kategori melakukan penceraian di luar Pengadilan. Berdasarkan metode yang digunakan dalam penelitian dihasilkan kesimpulan bahwa, talak yang dijatuhkan di luar pengadilan adalah sah menurut fikih, sehingga perkawinannya putus sesuai dengan aturan fikih. Namun perceraian tersebut tidak sah menurut hukum positif di Indonesia, sehingga di mata hukum positif perkawinannya belum putus dan hukum positif yang berlaku di Indonesia yang dijadikan sebagai pedoman terhadap putusnya perkawinan, dikarenakan akibat hukum yang ditimbulkan setelah terjadinya perceraian lebih diatur dengan jelas, sehingga kewajiban dan hak yang timbul setelah terjadinya perceraian lebih terjamin.

scholarly journals PEMBAHARUAN HUKUM PERJANJIAN PERKAWINAN DAN AKIBAT HUKUMNYA TERHADAP HARTA DALAM PERKAWINAN

2018 ◽  
Vol 33 (3) ◽  
pp. 365
Author(s):  
Rilda Murniati
Keyword(s):  
Legal Status ◽  
Third Party ◽  
Constitutional Court ◽  
Marriage Law ◽  
Personal Property ◽  
Legal Provisions ◽  
Test Suit ◽  
Ownership Rights ◽  
Legal Consequences ◽  
Husband And Wife

Every marriage will give birth the union of assets that can be obtained by husband and wife during the marriage if not excluded by the marriage agreement. However, the Marriage Law explicitly and clearly stipulates that the marriage agreement must be made before the marriage takes place or at the time the marriage takes place. The existence of these legal provisions, in fact, is not entirely known by every prospective husband and wife and raises new problems related to land law that limits ownership rights to land and buildings for Indonesian citizens who marry other citizens without marriage agreements. This is the reason for the birth of a material test suit against the provisions of the Marriage Law contained in the Decision of the Constitutional Court No. 69 / PUU-XII / 2015. This decision forms the basis and legal basis for new arrangements as a source of legal renewal on the procedures for marriage agreements and their legal consequences for joint assets acquired in marriage. The born of legal renewal is the marriage agreement that can be made any time during the marriage in the form of an authentic deed at the notary and can be retroactive from the date the marriage takes place as long as the husband and wife agree and bind as a law to the parties. For this reason, the legal consequences of the legal status of joint assets acquired during marriage are the personal property of each husband and wife and their contents are binding on third parties as long as the third party has an interest.

scholarly journals Legal Counseling On Civil Rights Due To Marriage Different Religions In Ogan Ilir Regency – South Sumatra Province

2021 ◽  
Vol 1 (3) ◽  
pp. 225-230
Author(s):  
Junaidi ◽  
Mila Surahmi ◽  
Desmawaty Romli ◽  
Citra Dewi Saputra ◽  
Liza Nofianti
Keyword(s):  
Civil Rights ◽  
Community Service ◽  
Religious Instruction ◽  
Interfaith Marriage ◽  
Legal Problems ◽  
Interfaith Marriages ◽  
Religious Teaching ◽  
Legal Consequences ◽  
Husband And Wife

Interfaith marriage is a marriage bond between a man and a woman who have different beliefs and religions. In principle, interfaith marriages are prohibited by every religious teaching. Every religious instruction requires a marriage bond to be carried out in a bond of the same faith (one religion). Based on Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a marriage is considered valid if it is carried out according to their respective religions and beliefs. Legal problems arise due to interfaith marriages, including the validity of marriages that give rise to rights and obligations between husband and wife and children's status due to interfaith marriages on their inheritance rights. Interfaith marriages occur in society but are usually covered up. In the case of interfaith marriages in Ogan Ilir Regency, our Community Service Team, Faculty of Law, Sjakhyakirti University conducted legal counseling to understand the legal consequences of interfaith marriages, especially regarding the validity of marriages, child status, and inheritance.

scholarly journals KEABSAHAN FENOMENA PERKAWINAN JAM’U BAINAL UKHTAIN MENURUT HUKUM PERKAWINAN DI INDONESIA

Asy-Syari ah ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 91-104
Author(s):  
Ilham Abdul Kholid
Keyword(s):  
Research Method ◽  
Religious Knowledge ◽  
First Marriage ◽  
Mistaken Belief ◽  
Identity Concealment ◽  
The Village ◽  
The Relationship ◽  
Legal Consequences ◽  
Husband And Wife

AbstractIslam has arranged marital affairs as well as possible, including the prohibition of marrying two female siblings at the same time or what is called jam'u bainal ukhtain. Although the ban was clear, the phenomenon of the marriage of jam'u bainal ukhtain still occurred between a man who married two female siblings at once, namely between A (L) and N (P) his brother, then I (P) his sister in the village Sukasenang Banyuresmi District, Garut Regency. This study aims to determine the background of the marriage of jam'u bainal ukhtain, the process of conducting the marriage jam’u bainal ukhtain, and the legal consequences of the marriage of jam’u bainal ukhtain which occurred in Sukasenang Village, Banyuresmi District, Garut Regency. The research method used in this study is a case study by collecting data through interview techniques and literature studies. Based on the data obtained, it was found that the cause of the marriage of Jam'u bainal ukhtain was the mistaken belief regarding adat ngarunghal (overtaking), along with the lack of religious knowledge and lack of education. In addition, identity concealment was also found. The process of the first marriage between A and N is carried out openly and has fulfilled the pillars and terms of marriage, then the second marriage between A and I is carried out in a closed manner because it is clearly prohibited and unlawful. This form of marriage results in illegitimate marriages between A and I, so that the relationship between husband and wife is done with zina. The ARanak born from the marriage only has civil relations with the mother and family of the mother only, and there is no nasab rights and inherits each other between A and AR.Keywords : jam’u bainal ukhtain, marriage is not legal, civil relationsAbstrakIslam telah mengatur urusan perkawinan dengan sebaik-baiknya, termasuk adanya larangan menikahi dua saudara kandung perempuan sekaligus atau yang disebut dengan jam’u bainal ukhtain. Walaupun telah jelas larangannya, fenomena perkawinan jam’u bainal ukhtain tetap saja terjadi antara seorang laki-laki yang menikahi dua orang perempuan saudara sekandung sekaligus, yaitu antara A (L) dengan N (P) kakaknya, kemudian I (P) adiknya di Desa Sukasenang Kecamatan Banyuresmi Kabupaten Garut. Penelitian ini bertujuan untuk mengetahui latar belakang terjadinya perkawinan jam’u bainal ukhtain, proses pelaksanaan perkawinan jam’u bainal ukhtain, dan akibat hukum dari perkawinan jam’u bainal ukhtain yang terjadi di Desa Sukasenang Kecamatan Banyuresmi Kabupaten Garut. Metode penelitian yang digunakan penelitian ini adalah studi kasus dengan pengumpulan data melalui teknik wawancara dan studi kepustakaan. Berdasarkan data yang diperoleh ditemukan bahwa penyebab perkawinan jam’u bainal ukhtain tersebut adalah adanya keyakinan yang keliru mengenai adat ngarunghal (mendahului), disertai minimnya pengetahuan agama dan kurangnya pendidikan. Di samping itu ditemukan pula penyembunyian identitas. Proses pernikahan pertama antara A dengan N yang dilakukan secara terbuka dan telah memenuhi rukun dan syarat pernikahan, kemudian pernikahan kedua antara A dengan I yang dilakukan secara tertutup karena jelas pernikahan tersebut dilarang dan haram hukumnya. Bentuk pernikahan seperti ini mengakibatkan tidak sahnya perkawinan antara A dan I, sehingga hubungan suami istri yang dilakukan sama dengan zina. Adapun ARanak yang dilahirkan dari perkawinan tersebut, hanya memiliki hubungan keperdataan dengan ibu dan keluarga ibunya saja, serta tidak ada hak nasab dan saling mewarisi antara A dengan AR.Kata Kunci : jam’u bainal ukhtain, perkawinan tidak sah, hubungan keperdataan

scholarly journals Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Applicable Law ◽  
Personal Property ◽  
Personal Rights ◽  
Marital Property ◽  
Shared Property ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>

Sign in / Sign up

Export Citation Format

Share Document