Thoralf Hanstein.
The article tries to redefine the meaning of sakînah family by emphasizing the importance of understanding the essence of marriage and domestic violence, which leads to criminal action, for spouse. Marriage is a social contract and agreement between a man and a woman, which aims at legalizing sexual interaction, making familial relationship through marriage, ensuring one’s descendant, making…
Young marriage discourse has always been a debate in Islamic legal thought. This study analyzes differences of opinion among jurists in determiningage limits (balīgh, iḥtilām, rushd) which implicates the right of ijbār in marriage.The scholars of Shafiyah allow the right of ijbār with very difficult and rigid requirements, while Ibn Shubrumah, Abu Bakr, Al-A'sham and Al-Batii do not allow…
This article describes marital property issues. How to devides marital property that can give justice to the parties. Becaused of that, this article provides a concept that can give justice to the parties ie marital property’s dstribution based on contributions in marriage. This concept is regarded more fair than the concept that provided by KHI. This study also gives religious court’s judg…
This article discusses the endogamous marriage of Jamaah Tarbiyah in Salatiga, Central Java based on a sociological perspective. The framework of Bourdiue theory, particularly capital and habitus concept, was applied to analyze the case. Jamaah Tarbiyah was able to force the cadre to get married in endogamous system based on ‘its own capital’. But, when the system was on process sometime it…
The government has tried to improve marriage services, among others through Government Regulation (Peraturan Pemerintah) No. 48/2014 and Regulation of the Minister of Religious Affairs (Peraturan Menteri Agama) No.24/2014 which both related to the cost of marriage and reconciliation (rujuk). Those rules aim to omit illegal levies and gratification culture in the marriage process at the Office o…
This paper discusses about Law No. 12 year 2006, article 6 on the Indonesian citizenship which gives the provisions of dual citizenship status to a child as the implication of the mixed marriage, and analysis of Islamic political jurisprudence perspective toward the provisions of the dual citizenship status. The author concludes that granting the dual citizenship status to a child as the implic…
This article examines the doctrine of marriage in Wetu Telu society in Bayan, North Lombok. According to the community marriage is carried out by three steps: perondongan, mepadik lamar, and selarian which is finished with some rituals, such as menjojok, memulang, sejati, pemuput selabar, akad nikah, sorong serah, nyongkolan, and balik onos nae. The marriage ritual is led in accordance with Isl…
Marriage is a demographic matter which needs involvement of state, it deals with registration of marriage contract in order to get legitimation of law. Registration is an evidence of residence's obedient toward state law [law No.23/2006 about demographic administration, law No.12/200 abot citizenship]. However, in Samin's community, marriage does not involved a state but based on the ancestors'…