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Showing 17 articles found for "Divorce"

Hak Perempuan dalam Amar Putusan Cerai Menurut Perspektif Maqashid Syari’ah pada Pengadilan Agama Kuala Tungkal Kelas 1B

Heryani, M. Hasbi Umar, Bahrul Ulum
Abstract: This study discusses women’s rights in divorce decisions at the Kuala Tungkal Class 1B Religious Court based on the perspective of Maqashid Syari’ah. Women’s rights decided in divorce, such as iddah maintenance, mut’ah,… t’ah, child custody, and property division, are analyzed in terms of their suitability with the main objectives of Islamic law, namely protection of religion, soul, descendants, mind, and property (Maqashid Syari’ah). This research uses qualitative methods with the normative legal approach. to examine court decisions and how the laws applied reflect the principles of Maqashid Syari’ah. The results of the study indicate that divorce decisions at the Religious Court have considered women’s rights proportionally, although there is still room for further adjustment to be more in line with the essence of Maqashid Syari’ah, especially in terms of economic protection and gender justice. This study recommends the need to strengthen the integration between positive law and sharia principles to better guarantee women’s welfare after divorce.

The Kajian Psikologi Keluarga: Benarkah Cinta adalah Unsur Terpenting dalam Pernikahan?

Rohmatul Hannani
Abstract: Love is the initial motivation for couples to decide to get married. However, love can change over the course of marriage. The pros and cons regarding the truth that love is the foundation and reason for the survival of… a marriage need to be studied further. The importance of knowing the most important elements in marriage will minimize conflict and even divorce. The method used in this research is a descriptive qualitative method with data collection techniques based on literature studies. The study of marriage and all components of marriage is the object of this research. The main research data comes from the book "A Triangular Theory of Love" by Robert J. Sternberg and "The Seven Principles for Making Marriage Work" by John Gottman. Apart from that, supporting data such as books and articles related to marriage and studies of love in married life are also used as supporting references. The research results show the dynamics of changes in the type of love during marriage. There are three components to love including: (1) the intimacy component; (2) passion component; and (3) commitment component. These three components can form different types of love. The love component can increase and decrease and even disappear. However, the component of love that is a factor in a marriage lasting a long time is the component of commitment. This is because even if the passion and intimacy of a husband and wife change, if the marriage commitment is maintained firmly, the marriage will still be able to survive. The commitment component in love is the most important element in marriage which is the reason for the formation and survival of a marriage.

Pendampingan Pra Nikah Bagi Santri Di Pondok Pesantren Irsyaduth Tholabah Bojonegoro Sebagai Upaya Preventif Pecreraian

Burhanatut Dyana, Indah Listyorini, Khurul Anam
Abstract: Abstract: The marriage of Islamic boarding school students (santri) has great potential to become a role model and be considered a potential example in marriage by the community, because it is not only based on legal provisions,… visions, but also deeply rooted in religious values. As a concrete step, the community service team compiled a Marriage Preparation handbook that is relevant to santri, made in a practical manner and equipped with attractive pictures. The method used was Participatory Action Research (PAR). This community service activity was carried out at the Irsyaduth Tholabah Islamic Boarding School in Bojonegoro and was attended by 55 santri consisting of male and female santri aged 17-22 years. The results of the community service showed that 49% of participants fully understood the material in the Marriage Preparation handbook that had been disseminated, and 82% of participants stated that this activity was very useful and served as a guideline for them before getting married. Through this community service, it is hoped that divorce among students can be avoided. Keywords: islamic boarding school student (santri); marriage; handbook; divorce   Abstrak: Pernikahan santri memiliki potensi besar untuk menjadi role model dan dianggap sebagai panutan potensial dalam pernikahan oleh masyarakat, karena tidak hanya berlandaskan pada ketentuan hukum, tetapi juga berakar kuat pada nilai-nilai agama. Sebagai langkah konkrit, tim pengabdian menyusun handbook Persiapan Nikah yang relevan bagi santri, dibuat secara praktis dan dilengkapi dengan gambar menarik. Metode yang digunakan yaitu participatory Action Research (PAR). Kegiatan pengabdian ini dilakukan di Pesantren Irsyaduth Tholabah Bojonegoro dan diikuti oleh 55 santri yang terdiri dari santri putra dan santri putri dengan rentang usia 17-22 tahun. Hasil pengabdian menunjukkan bahwa 49% peserta sangat paham dengan materi handbook Persiapan Nikah yang telah disosialisasikan dan 82%  peserta menyatakan bahwa kegiatan ini sangat bermanfaat dan menjadi pedoman bagi mereka sebelum melangsungkan pernikahan. Melalui pengabdian ini, diharapkan perceraian di kalangan santri dapat terhindari. Kata kunci: santri; pernikahan; handbook; perceraian  

THE INFLUENCE OF PARENTAL DIVORCE ON THE FORMATION OF PERSONALITY OF TEENAGERS IN ACEH

Keristina Manalu
Abstract: Divorce has been done then this has hurt the gift and also the union that has been given by God and this violates the goal of Christian life which is a mistake and a sin in the eyes of God. The affirmation of the prohibition… tion of divorcing a marriage must always be adhered to and the Lord Jesus said it very clearly

THE INFLUENCE OF PARENTAL DIVORCE ON THE FORMATION OF ADOLESCENT PERSONALITY

Hadi Nababan
Abstract: Divorce has been done then this has hurt the gift and also the union that has been given by God and this violates the goal of Christian life which is a mistake and a sin in the eyes of God. The affirmation of the prohibition… tion of divorcing a marriage must always be adhered to and the Lord Jesus said it very clearly

LEGAL REVIEW OF MARRIAGE ITSBAT TO DETERMINEORIGIN OF CHILDREN

Sixson
Abstract: The provisions of Marriage and positive law in Islam are designed to validate marriages conducted without proper evidence as provided by Marriage Law No. 1 of 1974. The reason for the isbat of marriage. can be done by showing… owing that the marriage was conducted before the marriage certificate, or it can be done for reasons such as the loss of the marriage certificate or marriage record, confirming the child's status for divorce and inheritance, and many more. The marriage process to determine the child's guardian in the study of Islamic law and positive law is carried out after the trial judge receives the application and examines the requested materials and hears the witnesses. The opinion of the scholar Abdullah Ali Husein and the fiqh experts regarding the itsbat of marriage to determine the parentage of a child if it is not intended for marriage, then A child is called an illegitimate child. This is related to the legal rights received by children from their parents. Illegitimate offspring have a civil relationship only with the mother and the mother's family.

The Convergence Of Islamic Law And Positive Law In Marriage In Indonesia

Mulyanto
Abstract: Marriage Law in Indonesia is the result of the convergence between Islamic legal principles and state regulations, as outlined in Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). This study aims… to analyze how Islamic law and positive law interact in regulating marriage and to what extent their convergence occurs in the practice of religious courts and within the Muslim community in Indonesia. The research employs a normative approach by analyzing sources of Islamic law, statutory regulations, and religious court rulings related to marriage. The findings indicate that although Indonesia’s marriage law is based on Sharia principles, several adjustments have been made to align with positive law to ensure justice and protection for all parties, particularly in aspects such as marriage registration, minimum marriage age, and women's rights. The convergence between Islamic law and positive law reflects efforts to harmonize religious values with national legal interests. However, challenges remain in its implementation, particularly concerning child marriage, polygamy, and divorce, which often spark debates in society. Therefore, further studies are needed to evaluate the effectiveness of Indonesia’s marriage regulations and how Islamic law can continue to adapt within the framework of a modern legal state.