To see the other types of publications on this topic, follow the link: Divorce law.
Journal articles on the topic 'Divorce law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Divorce law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Sujono, Imam. "Legal Review of Marriage for Divorced Women Outside the Religious Courts." International Journal of Islamic Thought and Humanities 1, no. 1 (March 1, 2022): 1–16. http://dx.doi.org/10.54298/ijith.v1i1.10.
Full textAbstract:
Marriage is a contract that justifies a man and a woman, with a marriage contract to build a happy and prosperous family. The marriage process has been regulated in Law Number 1 of 1974 that every marriage must be carried out according to religious provisions and must be recorded. But what about the marriage law for women who are divorced outside the religious court, according to Law Number 1 of 1974 and according to Islamic Law? Because in practice, there are also marriages that are carried out without recording so that they do not have a marriage certificate. Similarly, the occurrence of divorces that are not carried out in front of the Religious Courts, so they do not have a divorce certificate or certificate. For women who are divorced without having a divorce certificate who will enter into a new marriage. So, to legalize the marriage, one must apply for a marriage isbath for divorce.
2
Parahdina, Soraya, Rahimah Tul Sa’dah, and Akhmad Vizaini. "PEREMPUAN BERHADAPAN DENGAN HUKUM PADA PERKARA CERAI GUGAT DALAM PERSPEKTIF IBNU QAYYIM." Mitsaqan Ghalizan 2, no. 1 (June 17, 2023): 30–42. http://dx.doi.org/10.33084/mg.v2i1.5274.
Full textAbstract:
A woman who faces a law on a judicial divorce get a change of her right as a wife after the divorce. There are some arrangements about the right that woman gets when her husband divorce her as in QS. Al-Ahzab [33]: 49, QS. Al-Baqarah [2]: 236, and QS. Al-Baqarah [2]: 241. The husband must give mut’ah to the wife he divorced. As well as the arrangement in the Islamic Law Compilation, it only applies to the husband who divorces his wife and he must give mut’ah and nafkah iddah. However, for the divorce case whether it is in Al-Qur’an, the majority of ulama’s opinion, or the Islamic Law Compilation do not explain about it. Yet, as the time goes by, it is also affected by the changes of the situation in society, then the arrangement to accommodate the right after the divorce for judicial divorce is created. This article attemps to discuss about the relevance problem of Ibnu Qayyim’s opinion to the issue of the woman who faces a law on the judicial divorce case. The result of the research shows that Ibnu Qayyim’s theory about the changes of the law is very relevant to the problem that the writer takes.
3
Dadashev, M. B. "Divorce Proceedings in Muslim Family Law of the Early Middle Ages: Theoretical, Historical and Legal Aspects." Juridical science and practice 19, no. 2 (October 23, 2023): 29–38. http://dx.doi.org/10.25205/2542-0410-2023-19-2-29-38.
Full textAbstract:
This article will consider the procedure for giving a divorce in Muslim family law, the types of divorces, the author’s classification of divorces by type and category. A comparative legal analysis of divorce in Muslim family law and family law of other legal systems is given, such as pre-Islamic family law of the Arab tribes of the Arabian Peninsula, Jewish family law, canon law. The problem of husbands’ freedom of divorce in Muslim family law of the early Middle Ages will also be considered. The article will also pay attention to approaches to the procedure for determining the place of residence of children after a divorce and material and financial guarantees for women in the divorce process. In addition, the article shows the divorce prevention mechanism, which is expressed in the presence of an arbitration court.
4
Enghariano, Desri Ari. "PANDANGAN HUKUM ALI AS-SHOBUNI TENTANG PERCERAIAN." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 7, no. 2 (April 4, 2022): 262–75. http://dx.doi.org/10.24952/almaqasid.v7i2.4732.
Full textAbstract:
In this era of covid-19, divorce does not only happen to ordinary muslim household or celebrities. But also happens to the household of scholars who become public figures for the people. There is even a famous cleric who has dropped three divorces on his wife and there is also a popular cleric who divorced his wife in a relatively short marriage age, so that these problem has implications for the emergence of a negtive stigma against them. The fact is that for some people, divorce is the last alternative to end marriage. According to them, divorce is something that is taboo, disgraceful, and embarrassing. Evem though the scholars have explained that divorce is permissible ini Islam. Even under certain conditions divorce is a remedy, solution and them main choice, not the last alternative.One of the contemporary scholars who is concerned with examinig the issue of sharia law on divorce is Muhammad Ali al-Sabuni in his bokk Tafsir Verses of Law. There foe, this research will describe Ali al-Sabuni’s legal views on divorce; in the form of the etymological meaning and terminology of divorce, the legal basis fo divorce, conditions for divorce, kinds of divorce, the period od iddah of the wife after divorce, about three divorces, and the wisdom of divorce. The method used in this research is thematic method. The results of this research explain the meaning of divorce is ending marital status. The legal basis for divorce is the Qur’an, hadis, and ijma’. It is permissible to get a divorce if there is no harmony, the marriage is defiled, the spouse suffers from infertiliy, and infectious diseases. The are two kinds of divorce; namely raj’i and ba’in. The iddah of a wife who is not pregnant and still menstruating is three times sacred, the iddah of a pregnant wife is until she gives birth, and the iddah of a wife who has not menstruated or is monopause is three months
5
Elsässer, Sebastian. "The Coptic divorce struggle in contemporary Egypt." Social Compass 66, no. 3 (July 15, 2019): 333–51. http://dx.doi.org/10.1177/0037768619856295.
Full textAbstract:
Since his accession in 2012, Coptic Orthodox Pope Tawadros II has initiated a number of reforms within the church, including a major overhaul of the church court system and the introduction of more liberal provisions concerning divorces. This article explores the historical development and current state of divorce and divorce law within the Coptic Orthodox Community in Egypt and the complex interactions between Coptic citizens, their church, and state courts. Scrutinising interviews and press statements by the new pope and senior clerics, it investigates their ideas of Coptic family law and their justification for changing the Church’s approach to the divorce issue. It also takes the perspective of divorced Copts and looks at the myriad paths people have been following in search of legal and administrative loopholes, and assesses the impact that the new regulations will have on their lives.
6
Gabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (July 10, 2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.
Full textAbstract:
On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law. Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women. The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wife is trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law. In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.
7
Khairizzaman and Armia. "TALAK DI LUAR PENGADILAN DAN IMPLIKASINYA." Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam 16, no. 2 (June 28, 2022): 44–55. http://dx.doi.org/10.61393/tahqiqa.v16i2.80.
Full textAbstract:
Divorces outside the court are widely practiced by the community.Considering that this model of divorce is not officially recordedin state administrative law, it will have implications for other civillaws. This research is a normative research using descriptiveanalysis method. The results of the study show that divorceoutside the court is a divorce that is carried out by the communityunofficially and is not recorded based on the laws and regulationsin force in Indonesia. In the perspective of Islamic law, this modelof divorce is in principle valid as long as the terms and conditionsof divorce law are fulfilled. Even so, this model of divorce fromthe perspective of positive law in Indonesia is considered invalidand the divorce agreement is deemed to have never existed,because it is not registered in state administrative law. Theimplications of divorce out of court include; the termination of themarriage bond, but both of them cannot obtain an official divorcecertificate, also has an impact on civil rights to property law, theright to care for children, and cannot sue for matters that arebinding under state law, uncertainty and has no permanent legalforce.
8
Gunarto, Gunarto, Subroto Subroto, and Anis Mashdurohatun. "Legal Reconstruction on Talak Divorce Regulation Based on Justice Value." Scholars International Journal of Law, Crime and Justice 5, no. 10 (October 14, 2022): 462–67. http://dx.doi.org/10.36348/sijlcj.2022.v05i10.009.
Full textAbstract:
The aims of this study are to analyze and find weaknesses in the regulation of legal protection for wives who have been talak divorced by their husbands due to their husband's mistakes and to find a reconstruction of legal protection regulations for wives who are talak divorced by their husbands due to the husband's mistakes based on the value of justice in a research that uses constructivism paradigm. The approach method used is empirical juridical, namely the application of normative legal provisions in action on divorce legal events, especially divorce divorces. The data used are primary data, secondary data, and tertiary data which were analyzed descriptively. The legal theory used is the theory of Islamic justice, the theory of the legal system and the theory of legal protection. The results of the study show that the weakness of the regulation of legal protection for wives who got talak divorced by their husbands due to the husband's fault lies in the unclear article on the type of reason for the divorce and its consequences, especially when the husband who handed down the divorce was the perpetrator of the affair, and the wife as the victim did not receive compensation. therefore, the legal reconstruction can be done by adding new norms to Article 41 of Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, and also Article 149 of the Presidential Instruction (INPRES) No. 1 of 1991 concerning the KHI, namely: "The ex-husband is obliged to provide compensation in the form of a year's income to the ex-wife if the divorce is due to the husband's fault, but if the husband is unable to fulfill it then he must make a statement of incapacity and apologize to the wife for not being able to do so able to pay for it.”
9
Hakam El Khen, Dr Mahmoud Abd El. "TO WHAT EXTENT MAY AN EGYPTIAN CHRISTIAN HUSBAND DIVORCE HIS WIFE BY HIS UNILATERAL WILL (AN IN-DEPTH BACKGROUND AND ANALYTICAL STUDY IN EGYPTIAN LAW)." Humanities & Social Sciences Reviews 7, no. 4 (October 3, 2019): 753–61. http://dx.doi.org/10.18510/hssr.2019.7497.
Full textAbstract:
Purpose: The article conducts the study an Egyptian Christian husband who divorced his wife by his unilateral will an in-depth background and analytical study in Egyptian law.
Methodology: This is analytical-logical research based on the religious and legal texts of divorce.
Result: regarding a Christian husband’s right to divorce his wife by his unilateral will when the terms for divorce, there is no dispute regarding the application of Sharia, and a Christian husband does not have this right and a court ruling is necessary for the divorce to be effective.
Applications: This research can be used for families and Legal organizations for marriage and divorce.
Novelty/Originality: In this research, the model of the divorced wife by his unilateral in Egyptian law is presented in a comprehensive and complete manner.
10
Tagaeva, Sanavbar N. "ON THE RECOGNITION OF PRIVATE DIVORCES IN PRIVATE INTERNATIONAL LAW." Public international and private international law 1 (January 21, 2021): 25–28. http://dx.doi.org/10.18572/1812-3910-2021-1-25-28.
Full textAbstract:
The article considers the legal nature of private divorce, the trends of legal regulation of its recognition as a legal fact. Different approaches to understanding the essence of private divorce are considered, its signs are revealed. The grounds for refusal of recognition of private divorces in different countries are analyzed. It is pointed out that if the private divorce is registered in the state bodies of third countries, in which such procedure of dissolution of marriage is regulated by law, there are no grounds for its non-recognition.
11
Sukerti, Ni Nyoman, and I. G. A. A. Ari Krisnawati. "Implementation of Divorce in Bali Society Related to National Marriage Law." Udayana Journal of Social Sciences and Humanities (UJoSSH) 2, no. 2 (August 1, 2018): 81. http://dx.doi.org/10.24843/ujossh.2018.v02.i02.p03.
Full textAbstract:
This study aims to explore and analyze the implementation of divorce in the Village Pakraman Kubu, Kubu Village, Bangli. This research is socio-legal research, which relies on field data as primary data. Data were extracted by interview, then processed and analyzed qualitatively. The results show that in the last ten years there have been six divorced couples and none of this has been done before the court. Divorce is done customarily for various reasons, because it is very simple, does not understand the Marriage Law, through the court hearing takes a long time and cost more. This is due to the attitude, behavior or legal culture of the people who prefer to deviate from the national marriage law and the lack of socialization from related parties. Thus the Marriage Law has not been influential in the implementation of the divorce. The conclusion is that the divorce remains customary so the marriage law has not reflected any influence on the implementation of the divorce.
12
Radchenko, L. "LEGAL REGULATION OF DIVORCE: HISTORICAL DEVELOPMENT AND MODERN PRINCIPLES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 116–22. http://dx.doi.org/10.17721/1728-2195/2021/3.118-21.
Full textAbstract:
The article is devoted to the study of the genesis of legal regulation of the order, conditions and consequences of divorce in its historical aspect, as well as given the current principles of family relations in EU law and foreign law, highlighting the latest trends in divorce relations and outlining the laws of their further consolidation in the family law of Ukraine, formulation of conclusions and proposals aimed at harmonization of national legislation with EU law. The divorce procedure, its conditions and legal consequences are regulated by the legislation of different states in different ways. The regulation of divorce relations is also significantly influenced by national characteristics, traditions, religion and culture. The spread of family relations outside one state necessitates the application of foreign law to regulate such relations. Appropriate conflicts may result from the application of the law of different states regarding the grounds for divorce, the procedure for divorce, as well as the unequal determination of the moment of its dissolution. The article argues that one of the basic principles of Roman private law was the observance of absolute freedom of divorce. However, during the imperial period, and especially with the establishment of Christianity, restrictions were imposed on divorce. The approach to significant restrictions and even prohibitions on divorce has long been observed in the law of European states. Under the influence of the Catholic Church and Christian morality, the recipient law did not allow divorce at all or established restrictions and valid grounds for divorce. Divorce was allowed only as an exception, in the presence of significant circumstances, subject to complicated procedures. Since the second half of the twentieth century, divorce laws have been reformed in many countries, tending to abandon the idea that divorce is a sanction for marital misconduct and moving to the concept that divorce is a statement of a failed marriage. As a result of the reforms, divorces have become more liberalized. The article concludes that the general conflict principle of divorce is the law of citizenship of a spouse or husband (most countries of continental Europe) or the law of the place of residence of the spouses (England, USA and a number of other countries). However, Regulation 1259/2010 provides, in essence, innovative provisions for the choice of the competent legal order in the event of divorce, which enshrines the possibility for spouses to independently choose the applicable law. Keywords: marriage, marital relations, divorce, termination of marriage, EU law, family law.
13
Dali, Muhammad Amin. "Hukum Harta Bersama Dalam Nikah Siri." At-Tanwir Law Review 1, no. 2 (August 30, 2021): 125. http://dx.doi.org/10.31314/atlarev.v1i2.1647.
Full textAbstract:
One of the polemics that remains interesting to study is unregistered marriage and its implications. Every marriage event should be recorded in front of the marriage registrar. Marriages that are not recorded are included in unregistered marriages, so they have quite large implications, one of which is the difficulty of dividing joint property in marriage. In this study, it will be discussed how the arrangement of joint assets of unregistered married couples after divorce according to Islamic families. The purpose of this study is to know the arrangement of joint property after divorce for unregistered married couples according to Islamic law, and to know the arrangement of joint property after divorce for unregistered married couples according to Islamic families. This research was conducted with a literature study approach, in which the data were analyzed by means of normative analysis. The results show that Islamic law does not regulate the distribution of joint property in marriage. However, from the point of view of the discovery of the law, joint property is included in 'urf which does not conflict with Islamic law. Shared assets also contain benefits and benefits for husband and wife. According to Islamic law which refers to the urf and maṣlaḥah mursalah methods, joint property must be divided after a divorce occurs, even if the divorce is from an unregistered marriage. The arrangement of the distribution follows customary law (urf) in one particular area. Joint assets of a married couple can be divided after a divorce occurs. However, the arrangement for the distribution of assets must go through the following procedures: First, married couples who are already divorced (divorced) must first apply for marriage isbat. Second, after the application is granted and a marriage certificate is obtained, the couple must apply for a divorce certificate through the Court. Third, after a divorce has been determined between the two, only then can the two spouses settle the joint property, and the distribution is equal. For unregistered married couples who are divorced due to death, there are no strict rules regarding the procedures and methods of dividing assets with unregistered married couples.
14
Achyar, Gamal, and Hayatun Hasanah. "Penyimpangan ‘Iddah Perceraian Pada Masyarakat Gunung Meriah Aceh Singkil (Analisis Menurut Perspektif Islam)." SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam 3, no. 2 (November 20, 2019): 462. http://dx.doi.org/10.22373/sjhk.v3i2.4395.
Full textAbstract:
' Iddah is part of the sharia teaching, the implementation is obliged to the wives who are left by her husband, either left dead or left behind because of the divorce or Talak. In certain issues, found the practice of the ‘Iddah that happened to the community in the district of Gunung Meriah, District of Aceh Singkil. Where the implementation of the ‘iddah divorce is not executed in accordance with the provisions of the law of Islam, in particular there are two research questions in this article, namely; the first deviation ‘iddah divorce on the community in the district of Gunung Meriah, District of Aceh Singkil. This research aims to know the form of irregularities ‘iddah divorce on the community in the district of Gunung Meriah, District of Aceh Singkil and the second review of Islamic law against ‘iddah divorce that is carried out on the community in the district of Gunung Meriah, District of Aceh Singkil. The research was conducted using a method of descriptive-analysis analysis. The results showed that the deviation of ‘iddah divorce on the community in the district of Gunung Meriah, District of Aceh Singkil there are three forms, namely; accepting proposing to marriage from other people, leaving home without any need and emergency, using fragrance and dress up and the implementation of divorce ' iddah in the community in the district of Gunung Meriah, District of Aceh Singkil and about the provision of ‘iddah in Islamic law. Islamic law through the understanding of the scholars on the evidence of Islamic law is a prohibition for women who are undergoing divorce, whether divorced or divorced to receive the banning of others, out of the house without any urgent need, and wear fragrances and dress up.
15
Farid, Diana, Muhammad Husni Abdulah Pakarti, Iffah Fathiah, Hendriana Hendriana, and Mohamad Hilal Nu'man. "Marriage and Divorce Practices in the Society of Bandung: Contestation of Islamic and State Law." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 10, no. 1 (June 13, 2023): 65–78. http://dx.doi.org/10.32505/qadha.v10i1.5673.
Full textAbstract:
Differences in marriage and divorce law in Islamic and state law One of the triggers for the initial causes of the disorderly implementation of marriage and divorce in the Sukajadi Bandung community was an understanding regarding the separation of religion and state law as well as social welfare factors related to law enforcement. This study analyzes the legal consequences, factors, and legal remedies that can be taken in unregistered marriages and divorces. The method used in this study is empirical-juridical with a qualitative approach. This approach is carried out to obtain information in the Sukajadi Bandung community regarding unregistered marriages and divorces. The results of the study show that the factors behind the rampant practice of unregistered marriages and divorces are not recorded because people's understandings of the dichotomy between Islamic law and that of the state are different. There is a link between the legal awareness of the community and its understanding of religion and welfare. In addition, unregistered marriages and divorces have an impact on the absence of marriage, inheritance, custody, and maintenance, which are detrimental to children and wives. Several efforts need to be made to minimize the occurrence of unrecorded marriages and divorces, including counseling, legal assistance for divorce victims, mediation, and consultation. This effort does not only involve the government and law enforcers but also preachers, lectors, and social organizations.
16
Sulistiono, Joko, Akhmad Haries, and Maisyarah Rahmi. "The Role Of Non Judge Mediators Providing Guarantee Of Women's Rights Protection In Divorce Cases." Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan 16, no. 4 (June 8, 2022): 1349. http://dx.doi.org/10.35931/aq.v16i4.1059.
Full textAbstract:
<p><em>The mediation process encountered obstacles. The role of non-judge mediators to protect women's rights in divorce cases was needed in the mediation process. This study aims to determine the role of non-judge mediators in providing guarantees for the protection of women's rights in divorce cases at the Samarinda Religious Court and to find out the obstacles to guaranteeing the protection of women's rights that occur in the mediation process in divorce cases at the Religious Courts. This type of research is normative empirical using descriptive qualitative research methods with data collection techniques in the form of observation, interviews, documentation, supported by legislation and legal norms in society. Research Qualitative data analysis techniques, in the process of analysis with data reduction (selection process). The results obtained from this study are that the role of non-judge mediators at the Samarinda Religious Court has provided protection for post-divorce women's rights in cases of talak and divorced divorces with the same rights. Obstacles in the mediation process to protect women's rights after divorce, namely the purpose of the Religious Courts is only to formalize Divorce in state law, the absence of good faith from one party can be caused by not wanting to divorce or not wanting to meet again with other parties, the inability of the parties economically to fulfill women's rights after divorce.</em></p>
17
Shahid, Ayesha. "Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform." Muslim World Journal of Human Rights 15, no. 1 (December 19, 2018): 59–98. http://dx.doi.org/10.1515/mwjhr-2018-0004.
Full textAbstract:
AbstractProtecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.
18
Sururie, Ramdani Wahyu, Mohammad Athoillah, and Muhammad Iqbal Zia Ulhaq. "Strategies to Prevent Increasing Divorce Rates for Muslim Families in Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, no. 2 (May 9, 2023): 734. http://dx.doi.org/10.22373/sjhk.v7i2.14819.
Full textAbstract:
The Annual Report of the Director General of Badilag from Religious Courts throughout Indonesia states that the number of divorces in Muslim families in Indonesia has increased over five years (2017-2021). The increasing number of divorces impacts childcare emotionally and physically because the average age of divorced couples is 20-40 years old who still have children in care, reaching 60%. This study aims to formulate a strategy to reduce the number of divorces in Indonesian Muslim families to create family resilience, especially for Muslim families. This study uses a qualitative approach with descriptive analysis. They collected data using questionnaires, document studies of religious court judges' decisions, interviews, and literature studies. By using the mashed sharia theory on the hifdu nasab aspect, this study finds that the strategy in reducing the number of divorce cases in Muslim families must be done holistically. The stages begin with the internalization of pre-marital education in the family from the institutionalization of pre-marital education in official institutions (KUA). Furthermore, husband and wife are given an understanding of methods for resolving marital conflicts and revitalizing the process of examining divorce cases in religious courts. Thus, this study concludes that what must be done to strengthen the resilience of Muslim families in Indonesia in reducing the number of divorces is to prevent it from upstream to downstream.
19
Soleh, Yudi Prihartanto. "ANALISIS HUKUM TERHADAP PENOLAKAN SUAMI MENGUCAPKAN IKRAR TALAK DALAM PERKARA PERCERAIAN." LITIGASI 23, no. 2 (October 31, 2022): 171–90. http://dx.doi.org/10.23969/litigasi.v23i2.5608.
Full textAbstract:
A husband who does not want to divorce may apply to the Religious Courts with the intention to delay the divorce by not declaring the pledge of divorce even though the case is final and binding. If the wife who files for divorce and the case has been decided, automatically the husband and wife are divorced. In case the divorce is filed at the same time, either one cannot file any lawsuit. When the husband does not exercise his right to make a divorce pledge, the wife then can only file a "Divorce Lawsuit" when the case filed by her husband is completed. This hinders the wife to file a divorce that may lead to unclear domestic situation. This study uses a normative juridical method with statutory and analytical approach through multidisciplinary approach, namely from aspects of Marriage Law, Religious Court Law, and KHI. The results showed that by filing a lawsuit in reconvention by the wife, if the husband does not declare the pledge after the decision is final, the divorce can still occur. Thus, the husband cannot impede the process of divorce that can harm the wife. Keywords: Husband's Rejection; Pledge of Divorce; Divorce Case.
20
Rusli, Rusli. "Hermeneutical Reading of Ṭalāq." HUNAFA: Jurnal Studia Islamika 12, no. 2 (January 22, 2016): 209. http://dx.doi.org/10.24239/jsi.v12i2.392.209-229.
Full textAbstract:
This paper deals with the hermeneutical reading of divorce (Ṭalāq), one of the sensitive issues in Islamic family law. It is concluded that the existence of Islamic law of divorce is not to denigrate women; however, it is to give respons to the injustice suffered by women by giving regulations that are more friendly to women. The regulations of the Quran on the subject of divorce are designed to restrict the practice which had prevailed among the Arabs that they are free to divorce his wife at any time without any reason, and remarry her in unlimited ways. This is indicated that Islam stipulates that divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness and reasonable terms. If divorce occurs, a divorced woman should the prescribed period (‘iddah) and financial consideration (mut‘at al-Ṭalāq).
21
Ayu, Diyan Putri, Nafiah Nafiah, and Khoirul Fathoni. "Pemikiran Ibnu Taimiyah Tentang Talak Tiga (Kajian Kitab Al-Fatawa Al Qubro)." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 1 (April 9, 2023): 489–94. http://dx.doi.org/10.37680/almanhaj.v5i1.2274.
Full textAbstract:
This article aims to find out how Ibn Taimiyah thought about the triple divorce in one word contained in the book al-Fatawa al-Qubra, where this opinion differs from the opinion of several other madhhab scholars, and to find out the istinbath used by Ibn Taimiyah. about triple divorce in one word. This research method uses descriptive analysis method, where the author in this case tries to describe Ibn Taimiyah's opinion about triple talaq at once by using primary data sources, namely the book of al-Fatawa al-Kubra by Ibn Taimiyah. From these problems, it can be analyzed that Ibn Taymiyya argued that in dropping three divorces one time, the divorce law only fell one divorce. This opinion is stronger than the opinion of the Imam Madzhab scholars who say that three divorces are punishable by three divorces. Because Ibn Taimiyah's opinion is considered more authentic, the hadiths used are less mafsadah due to the divorce compared to the opinion of the Imam Madzhab scholars. Thus, the arguments used by Imam Madzhab scholars are considered weak by Ibn Taimiyah and his group, some are mujmal due to ambiguity. So according to Ibn Taimiyah, the arguments used by Imam Madzhab scholars are not appropriate to be used as reasons for the law of divorce in three words
22
Tarikanov, Dmitry V. "Qualification of private divorce in private international law of Germany." RUDN Journal of Law 27, no. 3 (December 15, 2023): 765–84. http://dx.doi.org/10.22363/2313-2337-2023-27-3-765-784.
Full textAbstract:
The private divorce is such a dissolution of marriage that does not require the participation of the state. The examples are the Islamic talaq in its original concept still existing in some Arabic countries, the customary divorces in some countries of Sub-Saharan Africa as well as, according to the prevailing opinion in Germany, the divorce by mutual consent in the Far-East countries (Japan, Thailand, South Korea). The problem of classifying a divorce in the situation when European legal order raises the question of its recognition is generated by the fact that there is a conflict method for assessing the validity of transactions made abroad in classical private international law, on the one hand, and, on the other hand, the divorce in the European legal orders is the public instrument which is performed by the state or at least by its active participation so that for the purpose of recognition it is submitted to the special procedure of recognition and enforcement of foreign judgments. Private international law of Germany is a unique case of dual classification of the foreign private divorce both as a public instrument (on the ground of fiction) and as a legal transaction according to the purpose of classification. To apply the procedure of recognizing foreign private divorce in Germany, such a divorce is equated to the foreign public instrument. To determine the scope of verification, such a divorce is regarded as a legal transaction and submitted to the conflict of laws-approach, not to the approach of procedural recognition.
23
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.
Full textAbstract:
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.
24
Putri, Merlin, and Shafra Shafra. "People's Understanding of the Off-Court Talak (Case Study in Nagari Koto Tuo, IV Nagari District, the Sijunjung Regency)." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 7, no. 1 (July 1, 2021): 99–118. http://dx.doi.org/10.24952/fitrah.v7i1.3374.
Full textAbstract:
This study describes the understanding of the people of Nagari Koto Tuo, IV Nagari District, The Sijunjung Regency about divorce (talak) outside the Religious Court. Ideally, with the enactment of Law No. I of 1974 on marriage, talak should be decided in the Religious Court. However, this ideal procedure does not apply effectively in Nagari Kuto Tuo. Although the local settlement is not distant to the local Religious Court and the access for transportation is easy, many husbands recklessly decide to divorce their wives at home during the dispute between them without registering their lawsuits to the court. The purpose of this study is to lower the off-court divorce rate and raise legal awareness of the public about the importance of following the prevailing regulation regarding divorce in Indonesia. This is important because divorces decided without statutory procedures have adverse impacts, especially for women and children. This study uses a qualitative approach, with the divorced wives being the subject of the study. The data collection techniques include observation, interviews and documentation. Data validity techniques follow the triangulation method, whereas data analysis is performed through the following steps: data collection, data reduction, data presentation and conclusion drawing. This study found that the understanding of the people in Nagari Koto Tou about divorce is shaped by classical Islamic jurisprudence (fiqh) that posits husband to have the absolute right to divorce. With this absolute right, husbands can decide to divorce their wives whenever and wherever they want without being bothered to consider registering it formally to the local Religious Court. The divorced wives are left in despair without any power to defend her right. This provision on divorce is considered indisputable let alone contested. As a consequence, this off-court divorce generally leaves women traumatized, making many of them unwilling to get another marriage. This trauma partly contributes to the number of off-court marriages, for they do not see its importance. Legal certainty obtained from the court's verdict of divorce as recorded by the divorce certificate is deemed unnecessary, for they would not remarry in the future
25
Rasito, Rasito. "PERCERAIAN DAN KEKERASAN TERHADAP ISTRI DI KOTA JAMBI." Harakat an-Nisa: Jurnal Studi Gender dan Anak 4, no. 2 (September 1, 2021): 71–84. http://dx.doi.org/10.30631/harakatan-nisa.2019.42.71-84.
Full textAbstract:
This writing is aimed at elaborating the forms of violation against woman (wives) in the case of divorce in Jambi City. This research is exploratory. In this case, divorces in Jambi are predominantly dominated by sue-divorced, cerai gugat (67.975%). From the research, uncovered some facts that the dominant forms of violationos are: physical violatios (37.255 %), psychological and emotional violations (88.235%), and sexual violations (0.64%). All kinds of the above violations are interconnected into each other in causes. The law enforcement for equality and protection on the woman are still very far from perfedct. From this view, it is worth socializiing the gender equality to the society as well as to the law practitioner and to the law-decision maker.
26
Ahmedi, MSc Sulejman. "Dissolution of Marriage According to Canon Law." ILIRIA International Review 3, no. 2 (December 31, 2013): 221. http://dx.doi.org/10.21113/iir.v3i2.126.
Full textAbstract:
In the Canon law, dissolution of marriage is not allowed since it was considered sacred and as such cannot break until the two spouses are alive, except only if one of the spouses passes away. But throughout history we find cases when allowed dissolution of the marriage and causes specific conditions set by the church. Thus, according to the Old Testament, if, a man married to a woman, didn’t like something about his wife, should write a request for divorce and allow her to leave his home. Meanwhile according to the New Testament records, divorce is prohibited. Although most Protestants continue to espouse the view that marriage was sacred and as such should not be divorced, from those who had supported the idea of granting the divorce. One of them was Luther, who in his remarks before his preachers said: "In my opinion, the issue of divorce belongs to the law, are not they to whom called for regulation of parental relationships, why not have they the authority to regulate the relations between spouses". Protestant churches allow the dissolution of marriage:a) Because of adultery by the wife; allowed by Jesus,b) Unjustified abandonment of the marital community;c) If there were other reasons: if one spouse refuses to have sexual marriage, if the husband abuses his wife repeatedly and without cause, severe illness of one spouse.
27
Ferdousi, Nahid. "PROTECTION OF WIFE'S RIGHT TO MAINTENANCE IN BANGLADESH: AN OVERVIEW." Malaysian Journal of Syariah and Law 9, no. 2 (December 31, 2021): 173–80. http://dx.doi.org/10.33102/mjsl.vol9no2.246.
Full textAbstract:
Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for difficulties of legal procedure, male oriented society and non implementation of Islamic values. Therefore, majority divorced woman face many challenges of social justice and not being protected in the present legal system. The study focuses how and to what extent Muslim wife's are being protected through maintenance under the Islamic Shariah as well as the Muslim personal law in Bangladesh.
28
Hong, Carissa Patricia, Jelita Safitri Ananda, and Muh Abriel Givari Riser. "Juridical Analysis of the Distribution of Joint Assets in Divorce According to Indonesian Positive Law." IJRAEL: International Journal of Religion Education and Law 2, no. 2 (August 1, 2023): 172–76. http://dx.doi.org/10.57235/ijrael.v2i2.663.
Full textAbstract:
In a divorce, there is a process of dividing joint assets. Issues regarding joint assets often occur between ex-husbands and ex-wives. For Muslims, the provision for sharing joint assets is contained in article 97 of the Compilation of Islamic Law (KHI) that "widows or widowers who are divorced, each is entitled to half of the joint assets as long as the marriage agreement is not specified otherwise". Referring to this article, it means that a husband and wife who are divorced are entitled to half or half of the joint property as long as there is no marriage agreement. Meanwhile, for adherents of other religions it is regulated in the Criminal Code which is stated in Article 128 of the Civil Code. According to the Civil Code, division can be made based on the distribution of evidence submitted by plaintiffs and defendants. Basically, these two articles stipulate that in the event of a divorce, the property is divided 50:50. The division of joint assets can be filed together with a divorce suit and does not have to wait for a divorce decision from the court. The formulation of the problem in this study is a juridical analysis of the division of joint assets in divorce according to Indonesian positive law. This research uses normative research with descriptive research specifications and uses primary legal materials, secondary legal materials and tertiary legal materials which are arranged systematically, reviewed, and then concluded.
29
Fadillah, Rahmat, and Syahruji Syahruji. "HAK CERAI BAGI PEREMPUAN DAN FAKTOR PENYEBABNYA." Mitsaqan Ghalizan 3, no. 1 (July 18, 2023): 1–15. http://dx.doi.org/10.33084/mg.v3i1.5449.
Full textAbstract:
The phenomenon of lawsuits for divorce in Indonesia is increasing from year to year. Laws and regulations also accommodate divorce rights owned by a wife. This is also in line with Islamic law which also substantially provides the right to file a lawsuit. This study uses a normative-juridical approach, namely an approach that is guided by laws and regulations, theories, and concepts. The results of this study indicate that women also have the right to divorce, but based on strong reasons, and these reasons are in accordance with applicable law, especially Islamic law. As for why the reason appears in the household ark is due to several factors. One side of the reason for the high number of contested divorces cannot be separated from the better understanding of women regarding their rights as wives in the household. The main factors that are the reasons for wives to carry out divorces are disharmony, husbands not fulfilling their obligations (including the economy), persecution, moral crises, interference from third parties, and unhealthy polygamy. Besides that, several other reasons are not dominant.
30
Oktaviani, Jelinda Dwi, M. Darudin, and Akhmad Muslih. "Judge’s Considerations In Imposing A Decision On Divorce Lawsuit On Early Marriage Cases In Bengkulu." Bengkoelen Justice : Jurnal Ilmu Hukum 12, no. 1 (May 10, 2022): 57–65. http://dx.doi.org/10.33369/j_bengkoelenjust.v12i1.21316.
Full textAbstract:
According to Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, marriage is considered legitimate if both men and women are 19 years old. But in reality, in Bengkulu city there are still many early marriages that occurred and resulting in divorce. This study aims to analyze and to describe why divorce cases in minor couples in Bengkulu city are quite high, as well as to analyze and to describe the basis of judges' considerations in imposing a decision on divorce lawsuit in early age couples. The type of research used in this study was empirical legal research. In empirical legal research, the law is conceptualized as an empirical symptom that can be observed in real life. Based on the results of the study, it is known that the cause of divorce cases in early age couples in Bengkulu city is due to the emergence of various problems after marriage, such as increasing domestic violence rates, children's education rights that have not fully given by their parents, and stigma that must be borne by the children. These issues generally result in divorce on early age couples. In addition, the basis of the consideration of the Bengkulu Religious Court of Class IA in imposing a decision on divorce lawsuit in an early age couples has no difference with couples who is not married at an early age. There are three judges' decisions, namely the first is legal certainty. When divorce happened, the status becomes certain, namely the widow and widower. This status certainty allows a divorced couple to remarry later in the day. The second is justice. Justice is fair according to the judge if divorced. The third is the benefit. If the status is left unclear, there will be no benefit. It can even be a mudarah or another problem again in the future.
31
Tarikanov, Dmitry V. "Classification in the european legal systems of exclusive competence of the Rabbinical court in Jewish divorce." Pravovedenie 67, no. 3 (2023): 314–42. http://dx.doi.org/10.21638/spbu25.2023.305.
Full textAbstract:
In Israel in the family questions is applicable the religious law of each confession. To the Jewish people is applicable the religious Jewish law which dates back to the Pentateuch of Moses. According to that law the divorce is not only the legal, but also the sacral act. The divorce between the Jewish people is realized in Israel in the religious rabbinical court. The divorce in the secular court does not have the legal effect from the point of view of religious Jewish law. If the Jewish spouses wish to get divorced in an european country where the religious courts do not have the public power, so two concepts come into conflict: the concept of the territorial sovereignty of the State authority and the concept if the universal power of religion over its followers regardless of their residence. In private international law this conflict expresses in the conflict of characterization. The requierement of the religious support of divorce is considered as the substance in law of Israel and as the procedure in law of european countries (Russia, Germany, France). This article is dedicated to the conflict of civilization, competence and/or characterization, which consists in the question whether to consider the religious rabbinical court as exclusive competent and to refer the spouses to get divorced in Israel or to consider the secular court in an european country as an equivalent replacement of the religious court. Since the French Court of Cassation rendered its famous decision in the case of Levinçon 1903 where this question was first posed this question has still not found its unambiguous solution.
32
Khotim, Ahamad, Abd Qohar, Habib Ismail, Habib Shulton Asnawi, and Ahmad Muslimin. "Pandangan Ulama Tentang Penerapan Ikrar Talak di Depan Pengadilan Agama (Studi Multi Situs Ulama Salafiyah Paculgowang dan Tambakberas Jombang)." Jurnal Tana Mana 1, no. 2 (July 3, 2021): 111–24. http://dx.doi.org/10.33648/jtm.v1i2.137.
Full textAbstract:
Basically the imposition of divorce was in the hands of the husband but the husband as head of the household are not authorized to do violence to his wife in the case of divorces wife because according to Islamic Fiqh if the husband had dropped the word divorce the wife , it is said to fall divorce, it is this which relied upon by the scholars - ulma in taking legal , but differ in implementation divorce divorce enshrined in the Act No.1 of 1974 on marriage , as amended . Government Regulation No. 9 of 1975, as amended . Law No. 7 of 1989 on the Religious Courts, jo . Presidential Instruction No.1 of 1991 on the Compilation of Islamic Law (KHI ). In this research, the authors take the problem is : How do you view paculgowang scholars and Tambakberas on the application of divorce pledge in front of the religious courts , and sociological analysis of the views of scholars of Islamic law on divorce in front of the religious courts . The aim of this study was to determine how the views of scholars about the imposition of religious divorce before the court and outside the court religion , and how their opinions concerning the imposition of divorce according to Islamic law sociology .Some of this research is in compliance with the objectives expected by the researcher , in this studythe researchers used a qualitative approach to the type of field research, research. While the data collected in the form of primary and secondary data using interview and documentation . To facilitate the checking of data in checking the validity of the data , researchers used two methods: triangulation and verification is used to check the truth of affirmations religious divorce before a court , that there is more data in the edit , inspected and carefully prepared and organized in such a way that is then analyzed with descriptive qualitative. Based on available data can be analyzed that the scholars paculgowang and Tambakberas still cling to the classical fiqh and less regard for existing law . They must pledge not agree with divorce in front of the religious court , they reasoned divorce can fall anywhere on the court without religion .
Keywords: Ikrar Talak, Situs Ulama Salafiyah, Hukum Islam
33
Siregar, Lita Mardani. "Analisis Yuridis Perilaku Lesbian dari Seorang Isteri sebagai Alasan Perceraian." Journal of Education, Humaniora and Social Sciences (JEHSS) 2, no. 2 (December 19, 2019): 382–98. http://dx.doi.org/10.34007/jehss.v2i2.99.
Full textAbstract:
One of the principles in national marriage law that is in line with religious teachings is to make divorce difficult (divorce), because divorce means the failure of the purpose of marriage to form a happy and eternal family due to human actions. The problem in this reshearch is how is the regulation of the implementation of divorce in the Religious Court, what is the effect of the divorce law on the grounds of lesbian behavior of a wife, how is the consideration of the judge in the Ambon Religious Court decisionNumber 110 / Pdt.G / 2016 / PA Ab. As a result of divorce law on the grounds that the lesbian behavior of a wife is related to child custody. The legal effect on marital property is that joint property is divided according to the provisions of the respective laws, laws, religion and customary law, while the inheritance remains controlled by each of the wives and divorced husbands. With regard to debt due to termination of marriage due to divorce borne by both parties with conditions that must be met where the rights and obligations of husband and wife are balanced in their authority to carry out legal actions. Judge's consideration in the decision of the Ambon Religious Court Number 110 / Pdt.G / 2016 / PA Ab in the case of sexual disorders (lesbians) immediately considers that this is in accordance with the provisions in Article 39 paragraph 2 of Law Number 1 of 1974 along with the explanation in letter e and letter f juncto Article 19 letter f Government Regulation Number 9 of 1975, Article 116 letter e and letter f Inpres No. 1 of 1991 concerning the Compilation of Islamic Law (KHI).
34
Annas, Syaiful. "REKONTEKSTUALISASI PENJATUHAN TALAK TIGA DALAM BINGKAI NEGARA INDONESIA." Al-Usroh : Jurnal Hukum Keluarga Islam 1, no. 01 (June 12, 2023): 14–30. http://dx.doi.org/10.55799/alusroh.v1i01.257.
Full textAbstract:
This study discusses the law of three divorces in one word or one assembly which often occurs in Muslim societies. The basis used as a reference is the hadith of the Prophet SAW and Fiqh. As a rule of law country, Indonesia has provided rules for the implementation of divorce as stipulated in Law No. 1 of 1974 concerning Marriage, Law No. 7 of 1989 concerning the Religious Courts, and the Compilation of Islamic Law. The substance is that divorce can only be carried out before a court hearing. However, there are still many practices that occur in society imposing triple talaq on a wife in one word or one assembly. This research is library research with a qualitative approach. The results of this study, that the imposition of divorce with one word or in one assembly needs to be reconstructed in understanding hadith and Fiqh as a form of ijtihad with various approaches within the framework of a rule of law that realizes the goals of the law itself.
35
Idrus, Muhammad. "Menakar Fungsi Izin Dan Mediasi Pada Sengketa Perceraian Di Kalangan Pegawai Negeri Sipil Kota Mataram Dari Tahun 2010-2020." Indonesian Journal of Shariah and Justice 1, no. 1 (November 18, 2021): 29–54. http://dx.doi.org/10.46339/ijsj.v1i1.2.
Full textAbstract:
Divorce is one of the events in a marriage that is religiously possible. For Muslims the case of divorce is halal but hated by "Allah SWT". For Civil Servants (PNS) Divorce can be done by the mechanism that has been regulated in the Law. One of them is the permit obtained and the stage of mediation that must be done, but in practice there are still many technical obstacles related to the implementation of divorce permits for civil servants, this is certainly a concern for many parties. This research then examines the function of permits and mediation in divorce disputes among civil servants, although the purpose of the required divorce permit is actually in order to complicate (prevent) the occurrence of divorce in the scope of civil servants, this study examines divorce permits and mediation stages for civil servants who are divorced in Mataram city from 2010-2020. By using qualitative methods combined with normative studies.
36
Young, James. "The recognition of extra-judicial divorces in the United Kingdom." Legal Studies 7, no. 1 (March 1987): 78–91. http://dx.doi.org/10.1111/j.1748-121x.1987.tb00353.x.
Full textAbstract:
Extra-judicial divorces obtainable under some systems of family law are now very familiar to private international lawyers. The most familiar is the Muslim talak, by which a husband may unilaterally divorce his wife, but there are others including other forms of religious divorces and secular divorces obtained by administrative process or simply by mutual agreement. Some of these divorces may be hedged around by legal procedures; others may be extremely informal.
37
Nurjanah, Siti. "Divorce and Its Impact on Custody of Minors Using Islamic Law Perspectives." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 119. http://dx.doi.org/10.29240/jhi.v7i1.4156.
Full textAbstract:
This study aims to examine the factors that cause divorce in an Islamic country and how that affects the custody minors shares between parents from an Islamic perspective. This study focus on three main causes, adultery, economy, and the occupance gap. Furthermore, this research used interviews of 718 married couples 140 pairs are divorced in Kota Metro, a high rate of divorce region with a Muslim majority in an Islamic country (Indonesia). The results of this study show that Couples sometimes have to face problems in their domestic life, the emergence of problems in the household can be caused by many things including economic factors, and no sense of responsibility, differences in life outlook that can lead to household crises. The woman who will become a widow does not think about other people's views of her because she thinks this is her life and she is the one who goes through it all, it's just that there is guilt in her child when she has to divorce. He thinks about the impact of divorce that will arise on the psychological development of his child, he tries so that his child does not lose the love of a father.
38
Rahmat, Rahmat, and Sri Indriani. "Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 1, no. 4 (December 25, 2020): 588–610. http://dx.doi.org/10.36701/bustanul.v1i4.268.
Full textAbstract:
Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.
39
Kholidah, Muhammad Ridho, Sobhan, and Mahyudin Ritonga. "Violation of Women's Rights on Divorce: Study on Religious Court Decision." Journal of Law and Sustainable Development 11, no. 6 (September 12, 2023): e1230. http://dx.doi.org/10.55908/sdgs.v11i6.1230.
Full textAbstract:
Objective: This study aimed to show the causes of post-divorce violations of women's rights and the implications of religious court decisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to sometimes file for legal divorce from their husbands. However, religious court decisions on divorce have violated women's rights, both the right to maintenance and mut'ah.
Theoretical Framework: Divorce and its settlement in religious courts in Indonesia have problems that sometimes disadvantage women.
Method: The research was conducted with a qualitative approach, this is based on the data studied which are facts and documents related to religious courts on divorce. This study used two data collection methods, namely documentation of Religious Court decisions through directories and interviews.
Results and Conclusion: The decision was confirmed to informants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on divorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court decision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legislative review of several articles in Law on Marriage for the reformulation of Islamic Family Law in Indonesia.
Research Implications: The results of the study have implications for changes in religious court decisions on divorce, so that they are no longer detrimental to divorced wives.
Originality/value: Changes in the religious court system towards the problem of divorce are urgently needed, the fulfillment of the rights of wives who are victims of divorce must be the main aspect to be considered by judges.
40
Fella, Giulio, Paola Manzini, and Marco Mariotti. "Does Divorce Law Matter?" Journal of the European Economic Association 2, no. 4 (June 1, 2004): 607–33. http://dx.doi.org/10.1162/1542476041423359.
Full text
41
Maimun, Maimun. "The Women’s Rights in Divorce and Gender Equality Discourse in The Dynamics of Divorce in Madura." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 468. http://dx.doi.org/10.22373/sjhk.v6i1.12804.
Full textAbstract:
This study investigates the dynamics of divorce in Madura and women's rights in divorce from a gender perspective. There are three main issues addressed in this study, those are the dynamics of divorce in Madura, women's rights in divorce, and gender equalities. This study is field research with a qualitative approach. The data used comes from primary data and secondary data. By conducting an in-depth analysis based on the sociological theory of gender, particularly Talcott Parson's theory of structural feminism, this study found some findings; firstly, the number of divorces, either from talaq divorce or judicial divorce, in Madura in the last five years has increased. This is because of the decline in ethics such as polygamy without the permission of the first wife, the low-income factor, the presence of a third party either due to parental interference or infidelity with other people, and disharmony due to disputes and differences of opinion; secondly, the number of divorce cases in Madura in the last five years has been dominated by judicial divorce rather than talaq divorce. In 2021, the percentage of judicial divorce compared to talaq divorce is around 73.04% to 26.96%, meanwhile, in 2020, this ratio was only 25.49% to 74.51%. Besides, in 2019, this was about 67.63% to 32.39%, in 2018 it reached 64.23% to 35.77%, and in 2017 it was about 67.18% to 2.82%; thirdly, the phenomenon of increasing divorce by law in Madura indicates that there has been a shift in perception among women about the meaning of divorce, as a response to the presence of legislation that provides room for legitimacy for women to file for divorce. In the perspective of contemporary feminism, the space for legitimacy contains the meaning of gender equality, and the patriarchal culture begins to collapse which has long been attached to the social system of the Madurese community.
42
Aly Wahb, Yousef. "Competing Authorities." American Journal of Islam and Society 39, no. 3-4 (February 16, 2023): 87–111. http://dx.doi.org/10.35632/ajis.v39i3-4.2993.
Full textAbstract:
North American Muslims seeking to resolve their private disputes confront multifaceted access to justice issues. Since Islamic marriage and divorce laws do not always align with North American family legislative schemes, Muslims are burdened with trying to simultaneously meet their obligations toward both legal systems. Unlike secular law, Islamic divorce proceedings require either the husband’s eventual consent or the availability of a Muslim judge. They also prescribe substantive obligations and rights for divorcees that are comparable to corollary relief provided by family law statutes. The absence of religious quasi-judicial dispute resolutions poses barriers to Muslims obtaining a religious divorce or annulment, and to acquiring subsequent relief, such as financial settlements and custody, in accordance with their religious beliefs. To respond to these overlapping barriers, this paper analyzes forms of Islamic legal authority to grant religious divorce or annulment, and to mediate or arbitrate corollary relief using religious law. The paper concludes with recommendations for a holistic framework to settle family disputes in compliance with Islamic law and in a legally enforceable manner.
43
Голованова, Наталья, and Natalya Golovanova. "SHARIA COURTS IN THE UK: A PARALLEL LEGAL SYSTEM OR RELIGIOUS ARBITRATION?" Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 23–29. http://dx.doi.org/10.12737/article_593fc3439c3fa4.59845597.
Full textAbstract:
The article deals with the question of the status of Sharia courts in the United Kingdom, acting as a religious arbitration. In total, 85 Sharia courts (councils) with jurisdiction to handle family conflicts and divorces (divorces account for approximately 90%) are currently officially functioning in this country. These courts (councils) are not part of the British legal system and are not subject to judicial review. Some Sharia councils, contrary to English law, discriminate on the basis of sex. The lack of real protection on the part of state structures puts women who are victims of domestic violence at particular disadvantage. Unlike women of other confessions in the UK, a significant part of Muslim women who are in a religious marriage can be divorced only by religious ceremony. Concluding a Sharia marriage in the UK, a Muslim woman receives an Islamic marriage certificate that includes many conditions, but does not contain an item on the right to divorce. Unlike Britain in Muslim countries, such as, for example, Tunisia, Sharia courts for divorce are no longer used, and spouses have equal rights in divorce. The absence of legal provisions of the rights of women participating in the proceedings by agreement of the parties, and numerous instances of discrimination have led to investigations at the level of the British government and the parliament. It was concluded that in the country formed a parallel legal system that violates human rights.
44
Taufik, A. Taufik. "Verstek Divorce Case in the Perspective of Positive Law and Islamic Law." Law Development Journal 1, no. 2 (September 17, 2020): 90. http://dx.doi.org/10.30659/ldj.1.2.90-98.
Full textAbstract:
The research problem is that, in examining the verstek of the divorce case, the judge asked the plaintiff to prove the argument of the lawsuit with written evidence and / or witnesses, even though the verstek provisions did not regulate that. What is the legal basis of evidence regarding the subject matter in verstek and why did the defendant choose not to attend the trial and how is the verzet examination of divorce cases in court. how to study literature. While the data analysis method used is descriptive normative, that is, the method used to describe the norms on which the judge accepts, examine and resolve cases that emphasize the aspect of the prevailing legislation. Based on the analysis, it can be seen that the reason the judge ordered proof is: In the case of the verstek case of divorce cases, the principle of Lex Specialis Derogat Lex Generali is applied, therefore divorce cases are an exception to the HIR provisions. Because proof can show more of a legal function in providing a sense of justice and protection to society. Proof is useful to know the truth of the plaintiff's claim whether the lawsuit has legal grounds and does not violate rights. The formulation of Article 125 paragraph (1) HIR does not contain the words 'must', but instead the word 'accepted' is used.Apart from basing it on positive legal provisions, in the version of divorce cases, the panel of judges also based on the doctrine in the Fiqh Books in the form of syar'iyah evidence. In a divorce case what is sought is material truth, not mere formal truth. It can be seen from the verdicts in divorce cases both recognized and in the verstek verdict, still undergoing a proving process. Both positive law and Islamic law see the need for proof in a verdict from a divorce case.Keywords : Verstek; Divorce Case; Positive Law; Islamic law.
45
Brown, Thea, Alison Lundgren, Lisa-Maree Stevens, and Jennifer Boadle. "Shared parenting and parental involvement in children's schooling following separation and divorce." Children Australia 35, no. 1 (2010): 7–13. http://dx.doi.org/10.1017/s1035077200000912.
Full textAbstract:
Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling following parental separation and divorce. The research, building on a number of small studies carried out in Western Australia, looked at parents' and teachers' views of schools' ability to relate to separated and divorced parents and the wider difficulty of schools managing this family form.
46
Hendarto, Ananda Vania Putri. "Analisis Yuridis Pembagian Harta Bersama Setelah Perceraian Ditinjau dari Kompilasi Hukum Islam dan Undang-Undang Perkawinan." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 2 (July 15, 2022): 516. http://dx.doi.org/10.17977/um019v7i2p516-523.
Full textAbstract:
This study aimed to analyze the distribution of joint assets after divorce according to the Compilation of Islamic Law and Marriage Law, as well as judges' considerations regarding the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn. This study used normative juridical research with a statutory approach. The data source was from secondary legal materials—data collection techniques using literature study and analyzed by descriptive techniques. The study results indicated that the Marriage Law did not determine the amount of the distribution of joint property if the husband and wife divorced. According to Article 37 of the Marriage Law, the distribution of joint property after divorce could be based on religious law, customary law, and other laws chosen by each party. According to the Compilation of Islamic Law, the amount of the distribution of joint property after the divorce was one-half of the joint property if there was no marriage agreement. The judge adjudicated the case of the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn gave the defendant and the plaintiff the right under Indonesian laws in a fair way.
47
Dudley, James R. "The Consequences of Divorce Proceedings for Divorced Fathers." Journal of Divorce & Remarriage 16, no. 3-4 (March 12, 1992): 171–94. http://dx.doi.org/10.1300/j087v16n03_02.
Full text
48
Sujono, Imam. "Legal Education about Marriage of Women without Divorce Certificate and Previously Unregistered Marriage." International Journal of Law Society Services 2, no. 2 (October 24, 2022): 48. http://dx.doi.org/10.26532/ijlss.v2i2.22410.
Full textAbstract:
Marriage is a contract that justifies a man and a woman, with a marriage contract to build a happy and prosperous family. The marriage process has been regulated in Law Number 1 of 1974 that every marriage must be carried out according to religious provisions and must be recorded. The purpose of this study is to find out how the marriage process for women who were previously married without being recorded and divorced outside the Religious Court so that they do not have a divorce certificate. This study uses a normative juridical method. The results showed that for women whose marriages were not recorded and divorced outside the Religious Courts so that they did not have a divorce certificate, to enter into a new marriage the woman had to file a marriage isbath for divorce.
49
Welstead, Mary. "DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM." Denning Law Journal 24, no. 1 (November 27, 2012): 21–37. http://dx.doi.org/10.5750/dlj.v24i1.390.
Full textAbstract:
The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.
50
Zainurohmah, Zainurohmah, Marcelia Puspa Andini, and Anisa Vira Damayanti. "Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia." Contemporary Issues on Interfaith Law and Society 2, no. 1 (January 31, 2023): 71–86. http://dx.doi.org/10.15294/ciils.v2i1.66295.
Full textAbstract:
Marriage is an inner birth bond between a man and a woman as a husband and wife with one with a noble purpose. Although basically the marriage is expected to run smoothly but in unexpected situations and conditions, the marriage can also end in divorce. One of the problems that must be resolved after the married couple divorces is the problem related to the division of common property. Indonesia is a country where most of its citizens convert to Islam so knowledge related to how to regulate common property in marriage according to Islamic Law is important to discuss. This study aims to examine property in marriage with the perspective of Islamic Law. This type of research is normative juridical research with a statutory approach. The results showed that joint property according to Islamic law is that there is property obtained either singly or with the husband and wife during the marriage bond. According to the Compilation of Islamic Law, the division of common property in the event of a divorce, be it a dead divorce or a living divorce, the spouse is entitled to obtain half of the amount of common property as long as it is not otherwise specified in the marriage agreement.