The Legitimacy of The Marriage of Husband and Wife Who Are Converts to Islam and the Implications for Their Descendants

Marriage in Indonesia has been regulated in laws and regulations that apply to all Indonesian people, namely the Marriage Law Number 1 of 1974.[1] In this Law as stated in Article 2 which reads that marriage is only valid, if it is carried out according to each religion and belief, then each marriage is recorded based on the applicable laws and regulations. The Jambi Religious Court as the executor of judicial power in the Jambi Religious High Court area has received 2 (two)cases isbat/ marriage ratifications for non-Muslim husbands and wives to become converts to get legal certainty from marriage before embracing Islam, namely the case with Number 14/Pdt.P /2017/PA Jmb on 01 February 2017 and the case with Number 64/Pdt.P/2019/PA Jmb on 09 August 2019. The reason for converting husbands and wives to submit isbat/ marriage ratification is because marriage before embracing Islam does not have a certificate marriage from the Civil Registry Office. So that the husband and wife of the converts filed a case isbat/ marriage ratification to the Jambi Religious Court to ask for the validity of their marriage. The Jambi Religious Court judge who tried the case, in his decision, granted the request and declared the marriage of a husband and wife to be converts to Islam without advocating remarriage. Even though the marital status of a non-Muslim husband and wife when they converted to Islam, the scholars were still debating until they were divided into two groups.

The Marriage Law Amendment Bill, 2010: Through a Gendered Lens

India has taken a big step in the year 2005 by amending the Hindu Marriage Act, 1955, giving women the equal right of inheritance as their male siblings. However, there remains a loophole where women are still marginalized when it comes to the division of property; the division of matrimonial property after separation. It is observed that divorce leads to women facing several hurdles starting from the legal system to their natal homes; the conditions are not suitable for women to have a good life after divorce due to loopholes in the legal system in India. Due to these issues faced by women, they are forced to stay loyal to their exploitative marriage for the rest of their lives. The introduction of the Marriage Law Amendment Bill of 2010, which eases the laws on divorce, brings further problems for women as they subjected to a rough legal system that upholds social morality over constitutional morality.

UPAYA MEMINIMALISIR PERKAWINAN ANAK

This paper is based on the results of community service. Research results and information on social media prove a significant increase in the number of child marriages. The rise of child marriages in Palu City since the Amendment to the Marriage Law (UUP) is the background for holding this activity. With the aim of helping the Government socialize the latest UUUP and as an effort to minimize child marriage. The implementation method is in the form of a seminar with several resource persons, namely the Service Team itself, namely academics from the Faculty of Law, Tadulako University, Civil Law Section. Abstrak Tulisan ini berdasarkan hasil pengabdian pada masyarakat. Hasil penelitian pun dan informasi-informasi di media sosial membuktikan adanya peningkatan yang cukup signifikan jumlah peristiwa perkawinan anak. Maraknya perkawinan anak di Kota Palu sejak Amandemen Undang-Undang Perkawinan (UUP) sebagai latar belakang diadakannya kegiatan ini. Dengan tujuan untuk membantu Pemerintah mensosialisasikan UUP terbaru dan sebagai upaya meminimalisir perkawinan anak. Metode Pelaksanaannya dalam bentuk seminar dengan beberapa Narasumber yaitu Tim Pengabdi sendiri yaitu para akademisi dari Fakultas Hukum Unversitas Tadulako Bagian Hukum Perdata.

The Views of Contemporer Mut'ah Marriage among Yogyakarta Shi’ite Leaders

This paper explicates the views of Shia leaders in Rausyan Fikr Foundation Yogyakarta on mut'ah marriage. There have been various views related to mut'ah marriage law by Rausyan Fikr leaders. On one side, Shi’ite school of thought is hitherto the only proponent to the mut'ah marriage. This research is descriptive-analytic study using normative approaches by examining the views of Yogyakarta Shi’ite leaders in justifying the marriage using Islamic law including the Qur'an, Hadith, and Fiqh principles or ushuliyyah. The study finds that there are three opinions among Shi’ite leaders in Yogyakarta; 1) Some leaders strictly prohibit due to the differences in places and conditions between Indonesia and Iran, 2)Some of them allow it with the condition that marriage must be conducted with fellow Shi’ite, 3) Some believe it is allowed according the Ja'fari school of thought without considering conditions and places. Despite the differences of views among Yogyakarta Shia leaders, these differences can be compromised by seeing that mut'ah marriage is unacceptable under normal circumstances, but in an emergency situation, it can certainly be justifiable by considering its maslahat (benefit) or mudarat (danger). Keywords: mut'ah marriage, Islamic law, Yogyakarta Shia leaders Tulisan ini membahas tentang nikah mut’ah dan penerapannya dalam pandangan tokoh Syiah di Yayasan Rausyan Fikr Yogyakarta. Diketahui bahwa terjadi perbedaan pandangan terkait hukum nikah mut’ah oleh para tokoh Rausyan Fikr. Di sisi lain, kita ketahui bahwa mazhab Syiah adalah satu-satunya mazhab yang konsisten dengan argumentasi bahwa nikah mut’ah tetap berlaku hingga akhir zaman. Penelitian ini merupakan penelitian lapangan (field research) bersifat deskriptif-analitik dengan menggunakan pendekatan normatif dengan mengkaji pandangan para tokoh Syiah Yogyakarta menggunakan hukum Islam secara mayoritas meliputi al-Qur’an, Hadis dan kaidah-kaidah fiqhiyyah ataupun ushuliyyah. Hasil penelitian ini adalah terdapat tiga pendapat dari tokoh Syiah di Yogyakarta; yaitu 1) melarang secara mutlak dengan alasan perbedaan tempat dan kondisi antara Indonesia dan Iran, 2) membolehkan dengan syarat pernikahan harus dilakukan dengan sesama penganut Syiah, 3) membolehkan secara mutlak berlandasan pada fikih mazhab Syiah Ja’fari tanpa mempertimbangkan perbedaan kondisi dan tempat. Terlepas perbedaan pandangan di kalangan tokoh Syiah Yogyakarta, perbedaan tersebut dapat dikompromikan dengan melihat bahwa nikah mut'ah tidak dapat diterima dalam keadaan normal, namun dalam keadaan darurat tentu dapat dipertimbangkan dan dilihat mana lebih besar maslahat dan mudaratnya. Kata Kunci: nikah mut’ah, hukum Islam, tokoh Syiah Yogyakarta

Analysis of The Emergency Reasons in The Application of Marriage Dispensation at The Tenggarong Religious Court

The increase of the minimum marriage age is intended to reduce the number of child marriages. However, Article 7 section (2) of the marriage law revision states that marriage dispensation can be requested for emergency reasons if a deviation takes place. Consequently, marriage dispensations in various regions have drastically increased after the revision. Hence, judges’ active role is needed to adjudicate this case, including classifying the criteria of emergency reasons and judges’ considerations to grant the application of marriage dispensation. This study was normative and empirical legal research, and collected data through documentation and library study. The data source was secondary data in the form of primary legal materials, including Law no. 1 of 1974 concerning marriage, Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974, the Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases and Granting Marriage Dispensation, and secondary legal materials including scientific journals and articles. The study approach was a study case, and the data were analyzed by descriptive analysis. This study found that “emergency reasons” as judges’ consideration in deciding a marriage dispensation at the Tenggarong Religious Court as were: (1) having been in a long period of relationship; (2) an unexpected pregnancy, (3) often going to a date, and (4) living in the same house as the prospective husband.

The Development of Indonesian Marriage Law in Jakarta Governor Regulation No. 185 of 2017

The Governor of DKI Jakarta regulates that any prospective bride and groom who intend to get married shall follow guidance and health checks. This policy is a condition for the implementation of marriage. The health checks carried out are not only Tetanus Toxoid vaccination, but also other health tests. If necessary, the doctor can provide a referral for further examination of medically found indications. The prospective bride and groom will then receive a marriage-worthy certificate. This certificate is one of the requirements to obtain the N1 form. This policy is significant leap taken by the Governor of DKI Jakarta. This present study concerns with the perspective of progressive law on DKI Jakarta Governor Regulation No. 185 of 2017 in the context of the development of Islamic family law in Indonesia. The study utilized library research approach with the descriptive analysis method. The primary data included the DKI Jakarta Governor Regulation No. 185 of 2017, and the secondary data were related literature. This study used the progressive legal theory and the Islamic law approach. The analysis and conclusion drawing were done deductively. The study revealed that the DKI Jakarta Governor Regulation No. 185 of 2017 is a progressive policy in preventing the transmission of infectious diseases among prospective brides and grooms, and in reducing maternal and infant mortality. This regulation shall bring goodness and benefit into domestic life, especially for the bridal couples and their descendants, as well as the society and nation. Further, the regulation shall give a positive impact on the development of marriage law in Indonesia.

Women’s, Gender, and Sexuality Studies

This article, concentrating on trends in the field of gender and sexuality studies of the last decade or so, makes a case for expanding both the geography and the methodology for early modern gender studies, broadly conceived. Themes considered here include the intermingling of the intimate and the imperial as well as marriage, law, slavery and labor, freedom, settler colonialism, intersectionality, queer studies, mothering, and reproduction. This topic, and article, also point to the need to make use of material culture and to interrogate the silence and violence of the archive remaining.