Relevant bibliographies by topics / Divorce (Islamic law) Indonesia Java

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Academic literature on the topic 'Divorce (Islamic law) Indonesia Java'

Author: Grafiati
Published: 11 December 2022
Last updated: 25 January 2023

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Journal articles on the topic "Divorce (Islamic law) Indonesia Java"

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Almeyda, Aldya Khaira, and Ahmad Khisni. "The Consequences of Divorce Law on Common Property under Marriage Law & KHI." Sultan Agung Notary Law Review 3, no. 2 (August 10, 2021): 689. http://dx.doi.org/10.30659/sanlar.3.2.569-576.

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The distribution of joint assets according to the provisions of Article 37 of Act No. 1 of 1974 concerning Marriage is not clearly stipulated how much each husband or wife is divorced, either divorced or divorced. Article 37 paragraph (1) states that if a marriage breaks up due to divorce, the joint property is regulated according to their respective laws. In the explanation of Article 37 paragraph (1), it is emphasized that the respective laws are religious law, customary law and other laws related to the distribution of the joint property. In addition to Act No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: what are the legal consequences of settling disputes on joint property according to Marriage Act No. 1 of 1974 and KHI, and what are the views of Islamic law regarding the distribution of joint assets after divorce, as well as the obstacles to the implementation of the distribution of joint assets in practice at the Salatiga Religious Court, Central Java Province.
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Sanusi, Ahmad, and Epa Nurpiah. "Praktek Perkawinan Muhallil di Padarincang Serang Provinsi Banten Indonesia." JURNAL HUKUM ISLAM 18, no. 2 (December 3, 2020): 271–91. http://dx.doi.org/10.28918/jhi.v18i2.3476.

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This paper to analyze about muhallil marriage, which is carried out as a requirement to be allowed remarry between ex-husband and ex-wife, that has been talaq bain ( divorced three times) in Padarincang District, Serang Regency, Banten Province, West Java. This juridical empirical research uses qualitative. Data collection techniques using observation, interviews and documentation studies. The analysis technique uses an interactive model. The results show that the practice of muhallil marriage in Padarincang District was different from the existing provisions, because the ex-husband had to find the penyelang to ex-wife, then agreed by paying the penyelang and limiting the time of marriage. The ex-husband also forced the penyelang to divorce his wife, so that he could immediately remarry his ex-wife without waiting for the iddah period to end. According to Islamic law, marriage is haram and illegitimate, except it is carried out in earnest by Islamic law. Based on these facts, socialization and awareness should be carried out in the community about muhallil marriage, so that there is no violation of Islamic law and positive law.
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Nizar, Muchamad Coirun. "The Religious Court's Decisions on Divorce: A Maqāṣid Sharīʿa Perspective." Ulumuna 24, no. 2 (January 19, 2021): 398–416. http://dx.doi.org/10.20414/ujis.v24i2.408.

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Maqāṣid sharīʿa is considered as a theory that can be applied to analyze the objectives of Islamic law. One of the developments of Islamic law in Indonesia, and in the Muslim world in general, is concerned with religious courts’ decision made by judges. This study analyzes court decisions from the maqāṣid sharīʿa perspective. This qualitative study focused on the divorce cases from the religious court of Salatiga district, Central Java. Twenty percent of the cases in 2017 were proportionally selected. This study shows that there were various reasons of divorce, ranging from constant quarrels to spousal negligence. The other reason was conversion, where one couple left Islam. The court decisions on those divorce cases suggest that the judges attempt to uphold the principles of maqāṣid sharīʿa, such as the preservation of life, descendant, asset and religion. Depending on the respective case, the judges may grant the petition if it will give a greater benefit to the parties concerned that does not contrary to the maqāṣid sharīʿa.
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Wasliati, Wardah, Laily Washiati, and Balqis Wasliati. "ANALISIS YURIDIS PENGARUH USIA TERHADAP TINGGINYA TINGKAT PERCERAIAN DI KOTA BATAM (STUDI PENELITIAN DI PENGADILAN AGAMA KELAS IA BATAM)." Ensiklopedia of Journal 4, no. 3 (April 14, 2022): 15–20. http://dx.doi.org/10.33559/eoj.v4i3.551.

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This journal is entitled Juridical Analysis of the Effect of Age on the High Level of Divorce in Batam City (Research Study at the Religious Court Class Ia Batam) on Jalan RE. Martadinata Number 5, Sekupang, Batam City, Riau Islands 29425, with the construction problems: What are the legal arrangements regarding filing for divorce at the Batam Class IA Religious Court?; and what are the factors behind the high divorce rate in Batam and what are the solutions to reduce the high divorce rate? The qualification/type of writing for this journal uses a normative legal writing type, which is supported by sociological/empirical legal research. To analyze some of the problems in this journal, a big theory (The Pure Theory of Law) is used. Legal positivism (positive law school) which sees the need to clearly separate law and morals (between applicable law and the law that should be), and theory (Law is Command of a Lawgiver) John Austin, namely the law is considered as a logical system, fixed and closed (closed logical system), the law is strictly separated from justice and is not based on good and bad values. Legal arrangements regarding filing for divorce in the Religious Courts refer to Law Number 1 of 1974 concerning Marriage, Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number of 1974 concerning Marriage, Law Number 32 of 1954 concerning Enforcement of Laws - Law of the Republic of Indonesia dated November 21, 1946 Number 22 of 1946 concerning Registration of Marriage, Divorce, Reconciliation in All Regions Outside Java and Madura, Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Dissemination of Compilation of Islamic Law, Law of the Republic of Indonesia Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts.Keywords: Marriage, Divorce, Age Effect.
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Khasan, Mohammad, and Sujoko Sujoko. "Gambaran Kehidupan Wanita yang di Poligami." Insight : Jurnal Pemikiran dan Penelitian Psikologi 16, no. 2 (October 30, 2020): 295–316. http://dx.doi.org/10.32528/ins.v16i2.2905.

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The phenomenon of polygamy in Indonesia is still a polemic in society. One of them was during the speech by the chairman of Indonesian Solidarity Party (PSI) Grace Natalie at East Java Expo on Tuesday (11/12/2018) which stated that "PSI will never support polygamy". The objective of this study is to find out how the life phenomenon on polygamous women in Surakarta. The method used is a qualitative approach using interviews as a method of collecting data. The results of this study indicate that basically women who will be polygamous will emerge various kinds of feelings such as: distrust, sadness, anger, disappointment, and hurt. Nevertheles, a woman must obey or accept whatever her husband wants, this is due to the child, the future wife is pregnant out of wedlock, threatened to be divorced, and orders from God in Islamic law.
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Khasan, Mohammad, and Sujoko Sujoko. "Gambaran Kehidupan Wanita yang di Poligami." Insight : Jurnal Pemikiran dan Penelitian Psikologi 16, no. 2 (October 30, 2020): 295–316. http://dx.doi.org/10.32528/ins.v16i2.2905.

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The phenomenon of polygamy in Indonesia is still a polemic in society. One of them was during the speech by the chairman of Indonesian Solidarity Party (PSI) Grace Natalie at East Java Expo on Tuesday (11/12/2018) which stated that "PSI will never support polygamy". The objective of this study is to find out how the life phenomenon on polygamous women in Surakarta. The method used is a qualitative approach using interviews as a method of collecting data. The results of this study indicate that basically women who will be polygamous will emerge various kinds of feelings such as: distrust, sadness, anger, disappointment, and hurt. Nevertheles, a woman must obey or accept whatever her husband wants, this is due to the child, the future wife is pregnant out of wedlock, threatened to be divorced, and orders from God in Islamic law.
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7

Toni, Agus. "Aktualisasi Hukum Perceraian Perspektif Pengadilan Agama di Indonesia." MAQASHID Jurnal Hukum Islam 1, no. 2 (September 21, 2018): 34–63. http://dx.doi.org/10.35897/maqashid.v1i2.130.

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Islamic law must be understood more broadly in the context of statehood and nationality with all the differences in cultural, sociological and geographical types. This is a form of actualizing the values of Islamic teachings so that they can be accepted by humans as a whole. Maintain the sustainability of Islam itself and take greater benefit. As in Indonesia, with a different context from the east in various aspects such as geography, culture and social psychology of society, demanding that Islamic law be taught must have an elasticity value by leaving a form of inductive and conservative thinking structure. With a historical and philosophical understanding of Islamic law, it will bring progressive changes to the accommodative Islamic law by lokal people without going through opposition and rejection. Therefore, Indonesia has codified Indonesian-style Islamic law in the form of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974, which are also used by the Religious Courts to decide cases including divorce. Especially if there is a movement to conduct an extension to the community and socialization of Islamic law products that are updated in Indonesia, it will certainly reduce the level of misunderstanding of the community towards divorce status. So that the classical Islamic law products that have been rooted at the level of society about when divorce is legitimate until in what context the divorce is rationally accepted and what constitutes strong constitutional evidence of divorce has been fulfilled by the rules of the Compilation of Islamic Law (KHI). Keywords: divorce, law, Islam, Indonesia
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8

Wahyudi, Firman. "Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia." Al-Ahkam 32, no. 2 (October 30, 2022): 211–32. http://dx.doi.org/10.21580/ahkam.2022.32.2.11720.

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The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).
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9

AS, Nurfaradillah, Muh Syarif Hasyim, and Sitti Nurkhaerah. "PERCERAIAN DI LUAR PENGADILAN MENURUT TINJAUAN HUKUM ISLAM." Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum 1, no. 1 (December 6, 2020): 53–65. http://dx.doi.org/10.24239/comparativa.v1i1.4.

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The discussion in this research is divorce outside the court according to the study of Islamic law in Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu. The basis for this research is that divorce outside the court is contrary to the laws enacted in Indonesia, namely: Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law.So that the research will use a qualitative research approach, with the research design used is a single case study design in research. According to a review of Islamic law, divorce that occurs outside the court in Lariang Village is legal. However, when viewed in Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (positive Islamic law) this is invalid.
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10

Hidayat, Ilham, Yaswirman Yaswirman, and Mardenis Mardenis. "Problems Arising from Talak Divorce Outside the Court." International Journal of Multicultural and Multireligious Understanding 6, no. 10 (July 23, 2019): 138. http://dx.doi.org/10.18415/ijmmu.v6i10.919.

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The birth of the Marriage Law No. 1 of 1974, especially the breakup of marriage has led to the dualism of Islamic law in Indonesia. Regarding Divorce on the one hand, Muslims are taught in Islamic fiqh that Divorce is the right of a husband, where if a wife is mentally ill even without a witness, then the divorce falls, while the marriage law in Indonesia, including the Islamic ummah, is specifically regulated in the Law Compilation Islam, determines that divorce can only be done before a religious court after going through a trial. Moreover, two Islamic organizations in Indonesia, namely Muhammadyah and Nahdlatul Ulama have different opinions. On the one hand, NU in the 28th Congress in Yogyakarta in 1989 gave a legal decision that Divorce was the husband's prerogative which could be dropped anytime and anywhere even without reason. If the husband has dropped divorce outside the Religious Court, then the divorce is valid. While the Majlis Tarjih Muhammadiyah in his fatwa that was tried on Friday, 8 Jumadal Ula 1428 H / 25 May 2007 M gave a ruling that divorce must be carried out through a court examination process, divorce carried out outside the court was declared invalid. The views of NU and Muhammadiyah above reflect a contradiction. Therefore the Indonesian Ulema Council based on the MUI IV 2012 Fatwa gave a fatwa as a middle way to resolve these differences with its fatwa that divorce outside the legal court is valid provided there is a syar'i reason that the truth can be proven in court. Iddah Divorce is calculated since husband drops divorce and for the benefit of benefit and guarantees legal certainty, divorce outside the court must be reported (ikhbar) to the religious court. With the Normative Juridical research method, the author tries to discuss the problem, namely trying to find the problems that arise as a result of these rules and find a way out how the MUI fatwa can be applied. From the results of the study, the authors conclude that the unrecognized Divorce legality outside the court causes legal chaos due to uncertain laws for the Islamic ummah, namely in terms of when the fall of divorce and the end of the iddah period, concerning triple divorce, concerning the validity of the status of children born after the fall Divorce and concerning the validity of the second marriage and the status of the child that was born which could damage the religion and descent of the Islamic ummah in Indonesia. If Marriage is legal according to the religion, then Divorce should also be valid if carried out according to the religious law. Factors that cause divorce outside the court include economic factors, juridical factors, sociological factors and customs factors, regarding the distribution of marital assets due to divorce outside the court, in general, the community resolves issues regarding marital property in a family manner by including local ulama and traditional leaders.
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Dissertations / Theses on the topic "Divorce (Islamic law) Indonesia Java"

1

Riza, Achmad Kemal. "Continuity and Change in Islamic Law in Indonesia: The case of Nahdlatul Ulama bahtsul masail in East Java." Master's thesis, 2004. http://hdl.handle.net/1885/49424.

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Acknowledgements aren't included in digital version. Page numbering differs from original due to different width of pages.
The fatwa (pl. fatawa) or non-binding legal opinion is an important institution in Islamic thought. In relation to the shari‘ah (the body of Islamic law), fatwa has been the agent for relating the teaching of shari‘ah to 'the concrete world of human affairs' (Masud, Brinkley, and Messick, 1996:3). It is a medium to understand social change (Hooker, 2003) and a source of Islamic legal and social history (Powers, 1990) of Muslim community. For this reason, fatwa, along with qada’ (Islamic court’s decision) institution, is an important agent of Shari'ah application. In Islamic legal scholarship (fiqh), as some have argues (Schacht, 1964: 74-5 and Hallaq, 1994:), fatwa has been instrumental in the development of furu‘ al-fiqh (theoretical aspect of substantive law) as well as usul al-fiqh (legal methodology of Islamic law) in Islam. The mufti can be seen as the agent of legal change as well (Hallaq, 2001:174). Many fatawa of prominent muftis (jurist-consult) are incorporated into the substantive law of certain madhhab (school of law) and many muftis are prominent jurist-authors affiliated to schools of law (Hallaq, 1994:30-1, and 2001:). Therefore, the interplay between fatwa, fiqh and madhhab is inherent to the theoretical aspect of shari’ah and its practical application...
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Books on the topic "Divorce (Islamic law) Indonesia Java"

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Conditional divorce in Indonesia. Cambridge, MA: Islamic Legal Studies Program, Harvard Law School, 2006.

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Muthohhar, Abdul Hadi. Pengaruh mazhab Syafi'i di Asia Tenggara: Fiqih dalam peraturan perundang-undangan tentang perkawinan di Indonesia, Brunei, dan Malaysia. Semarang: Aneka Ilmu, 2003.

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Divorce in Java: A Study of the Dissolution of Marriage Among Javanese Muslims. Ohio Univ Pr (Trd), 1985.

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Butt, Simon, and Tim Lindsey. Marriage, Divorce, and Inheritance. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199677740.003.0022.

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Indonesia has a highly complex family law system, with different rules for Muslims and non-Muslims. This chapter offers a comprehensive overview of the rules governing marriage for both groups, including registration requirements, the status of unregistered marriages, foreign marriage, mixed marriage, underage marriage, and polygamy. It also explains divorce law (including the grounds for ‘talak’ divorces, custody and maintenance rules, and rujuk or reconciliation), and the different forms of property dealt with when a marriage ends: harta bersama (joint matrimonial property) and harta bawaan (pre-marital property). The last part of the chapter deals with inheritance. It describes the detailed rules that apply to Muslims under the Kompilasi Hukum Islam (Compilation of Islamic Law) and to non-Muslims under the Civil Code, and how courts have interpreted them to allow more equitable divisions of deceased estates between genders.
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Bowen, John R. Gender, Islam, and Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829591.003.0013.

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This chapter considers arguments about Islam and women’s welfare, and, at greater length, how legal systems with Islamic elements treat women, focusing on how women fare in Islamic family courts. Key methodological issues include how to focus on real-world views and practices rather than only texts, disentangle the effects of patriarchal regional cultures from the effects of Islamic law, and compare the gendered effects of Islamic court practices with local alternatives. The Islamic legal tradition features both a broadly shared set of texts and traditions and a wide array of interpretations and practices. From the very beginning of Islam, rulers and judges developed new ways of applying the traditions to changing situations. Many of these new applications involved ways to grant women greater autonomy. The chapter looks in greater detail at three countries—Tunisia, Indonesia, and Iran—to detect probable mechanisms shaping women’s access to divorce and to property.
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Book chapters on the topic "Divorce (Islamic law) Indonesia Java"

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"Chapter 9 Triple Divorce." In Contemporary Islamic Law in Indonesia, 165–83. Edinburgh University Press, 2015. http://dx.doi.org/10.1515/9780748693481-014.

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Conference papers on the topic "Divorce (Islamic law) Indonesia Java"

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Ghoni, Abdul, Moh Soebahar, and Kurnia Muhajarah. "Protection Model Concerning Children Dealing with The Law in Central Java, Indonesia." In Proceedings of the First International Conference on Islamic History and Civilization, ICON-ISHIC 2020, 14 October, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.14-10-2020.2303829.

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Haris, Abdul, and Waridah Waridah. "Umrah Bailout Funds on the Finance Companies Platform According to Islamic Law: a Lesson From Indonesia." In Proceedings of the 1st Conference on Islamic Finance and Technology, CIFET, 21 September, Sidoarjo, East Java, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.21-9-2019.2293939.

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Jarudin, Jarudin, Salma Salma, Edwar Kemal, Wahyudi Rahmat, and Radhya Yusri. "At-Ta`Dîb as the Education Punishment: an Analysis of Reasons for Beating the Children in Islamic Law (A Case Study Junior High School in Indonesian)." In Proceedings of the 1st Seminar and Workshop on Research Design, for Education, Social Science, Arts, and Humanities, SEWORD FRESSH 2019, April 27 2019, Surakarta, Central Java, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.27-4-2019.2286857.

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