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1

Ma'ruf, Muhammad. "Nikah Menurut Perspektif Saad Ad-Dzari'ah." USRAH: Jurnal Hukum Keluarga Islam 4, no. 2 (2023): 209–18. http://dx.doi.org/10.46773/usrah.v4i2.817.

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Abstract: This article intends to find out the background of the implementation of early marriage and the provisions of the implementation of early marriage according to Sadd al-Dzari'ah perspective in Diwek District, Jombang. This study uses a qualitative research process that goes directly to the field with the aim of clarifying the suitability between theory and practice using primary data located at the Office of Religious Affairs, Diwek District. The results of this study are that there are many early marriages that are factored in by the family environment, economic factors. From the per
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Ubaidillah, Hasan. "Measuring The Likelihood of Unregistered Marriage (The Perspective of Siyasah Jinayah)." al-Daulah Jurnal Hukum dan Perundangan Islam 11, no. 2 (2021): 246–67. http://dx.doi.org/10.15642/ad.2021.11.2.246-267.

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Unregistered marriage is not something uncommon in Indonesia, contrary to the promulgation of Law Number 1 of 1974 concerning Marriage requiring the state to only recognize the validity of a registered marriage. Unregistered marriage often puts women as victims and this practice tends to contravene Islamic law. There have been cases where women always end up with an unclear status as wives, considering that wives are not entitled to both juridical rights and Islamic law rights to cancel a marriage, while a divorce is not often clearly declared against wives by husbands. Despite the impacts res
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3

Flexsenhar, Michael. "Sought Out for Luxury, Castrated for Lust: Mistress-Slave Sex in Tertullian’s Ad Uxorem 2.8.4." Vigiliae Christianae 72, no. 5 (2018): 484–505. http://dx.doi.org/10.1163/15700720-12341372.

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Abstract While speaking to the women of his church about marriage, widowhood, and remarriage Tertullian of Carthage marshals a negative example of prosperous gentile women taking their own freedmen or slaves as their sexual partners. Common opinion is that this example was chiefly metaphorical, warning against mixed marriages between Christian women and non-Christian men. This article shows that Tertullian’s example of mistress-slave sex was a rhetorical trope also deployed in other early Christian writings that participated in a Roman literary discourse on household management (oikonomia). As
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4

Muhammad Hasyim Asy’ari та Wawan Juandi. "KONSELING PERNIKAHAN PERSPEKTIF AL-GHAZALI DALAM KITAB IḤYĀ'U ‘ULŪMI AD-DĪN". Maddah : Jurnal Komunikasi dan Konseling Islam 2, № 1 (2020): 42–52. http://dx.doi.org/10.35316/maddah.v2i1.637.

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Marriage counseling is a service in helping to solve problems related to marriage. The research method used is the library method. The results of this study indicate that the marriage counseling process according to al-Ghazali includes counseling requirements and counseling steps. Fulfillment of counseling requirements include the purpose of marriage counseling, effective counselor and counselee criteria, the relationship situation includes the situation between parents and children; between teacher and student; between friends and between families. The counseling steps are building relationsh
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5

Adrianto. "MAKNA PENCATATAN PERKAWINAN PADA PERATURAN PERUNDANG-UNDANGAN DITINJAU MENURUT HUKUM ISLAM." Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam 18, no. 2 (2024): 1–14. http://dx.doi.org/10.61393/tahqiqa.v18i2.221.

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This research is motivated by invalidity unregistered marriage based on Positive law and Islamic law. In Islamic law marriage registration is condicio sine quanon is istinbath of Islamic law. Marriages that are not registered according to the regulations of Islamic law for condicio sine quanon for marriage registration be a contradictory matter what happens in practice wedding in the middle of public. This study aims to determine The mean a recording of marriage In istinbath of islamic law and want to know in mean of recording of marriage in islamic law And want to know the mean of recording o
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Afanin, Inas, and Muhsan Syarafuddin. "PERNIKAHAN PENDERITA HIV AIDS DALAM TINJAUAN MAQASHID SYARIAH." Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam 21, no. 2 (2023): 198. http://dx.doi.org/10.69552/ar-risalah.v21i2.2071.

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Marriage with HIV AIDS causes danger because the disease can transmit to their partners and offspring. On the other, PLWHA still has biological needs that need to fulfilled. The life of PLWHA to fight disease creates new problems in their future married life. Therefore, it needs to research the complications in PLWHA marriages and analyze PLWHA marriages in a review of maqashid sharia to find out how goodness be realized. This research uses the library method by reading and collecting data related to research objects from print and online media. The collected data were analyzed using qualitati
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7

Sumarkan, Sumarkan, and Ifa Mutitul Choiroh. "Political Culture of Madurese Community in Marriage Law: from the Perspective of Utilitarianism and Structuration Theories and Maqasidi Interpretation." al-Daulah Jurnal Hukum dan Perundangan Islam 12, no. 1 (2022): 26–50. http://dx.doi.org/10.15642/ad.2022.12.1.26-50.

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This research delves into marriage law of Madurese community seen from the purview of its culture and nature. The practice of such marriage contravenes the formal restrictions of the legislation concerning marriage as ruled by the state. Several facts show that some marriage norms were spoiled, sparking the popularity of sirri (unregistered) marriage which further leads to istbat nikah and underage marriage that triggers an exemption. This research employed a qualitative method by garnering information from the judges of a religious court, kiai (a respected and religious Javanese expert in Isl
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8

Setiyanto, Danu Aris. "Larangan Perkawinan Beda Agama Dalam Kompilasi Hukum Islam Perspektif Hak Asasi Manusia." Al-Daulah: Jurnal Hukum dan Perundangan Islam 7, no. 1 (2017): 87–106. http://dx.doi.org/10.15642/ad.2017.7.1.87-106.

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Abstract: This article discusses the prohibition interreligious marriage as regulated in Kompilasi Hukum Islam from the perspective of human rights discourse. There are two perspectives of human rights discourse when applied to the issue of interreligious marriage. The first is those who believe that concept of human rights is anthropocentric. Thus, prohibition of interreligious marriage in Kompilasi Hukum Islam contravenes individual freedom because the only aspect that counts in Islamic marriage is intention to realize compassion and care (rahmah). The second is the group who believes that h
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9

Yasa, Miyarta, and Muhammad Fathul Azis. "Perancangan Media Kampanye Komunikasi Persuasif Dampak Pernikahan Dini Di Lombok Barat." Jurnal SASAK : Desain Visual dan Komunikasi 1, no. 2 (2019): 83–91. http://dx.doi.org/10.30812/sasak.v1i2.550.

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Marriage is identical with happiness, every couple who goes through marriage hopes that their marriage will go well. To achieve this requires readiness, both in terms of thinking and financial maturity. A good age according to experts, a person to get married is 25 years for men and 21 years for women. But unfortunately many in the marriage community occur at a very young age, which we often call early marriage. . Based on the National Population and Family Planning Agency (BKKBN) the number of child marriages (18 years and under) in Indonesia is increasing. Early marriages occur usually not b
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10

Anto, Adrianto. "MAKNA PENCATATAN PERKAWINAN PADA PERATURAN PERUNDANG-UNDANGAN DITINJAU DALAM HUKUM ISLAM." TARUNALAW : Journal of Law and Syariah 2, no. 01 (2024): 12–24. http://dx.doi.org/10.54298/tarunalaw.v2i01.163.

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 This research is motivated by invalidity unregistered marriage based on Positive law and Islamic law. In Islamic law marriage registration is condicio sine quanon is istinbath of Islamic law. Marriages that are not registered according to the regulations of Islamic law for condicio sine quanon for marriage registration be a contradictory matter what happens in practice wedding in the middle of public. This study aims to determine The mean a recording of marriage In istinbath of islamic law and want to know in mean of recording of marriage in islamic law And want to know the mean
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11

Pietras, Dawid. "The ecclesiastical discipline of the celebration of marriage according to the books of the Roman Rite of 1962 after the Second Vatican Council in 1965-2007." Ius Matrimoniale 34, no. 1 (2023): 97–127. http://dx.doi.org/10.21697/im.2023.34.1.05.

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 The Fathers of the Second Vatican Council, via the constitution Sacrosanctum Concilium, postulated a reform of the marriage ceremony. As a result, the marriage rites contained in the Rituale Romanum of 1952 were abolished by the promulgation of the Ordo celebrandi matrimonium in 1969. Until 1988, apart from the Society of Saint Pius X, marriage was generally not celebrated according to the earlier Ritual. After the institution of the Pontifical Commission Ecclesia Dei in 1988, permissions were issued for the celebration of marriage according to the Roman Ritual. Individual
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12

Rohman, Moh Faizur. "Implikasi Putusan Mahkamah Konstitusi Nomor 69/PUU/XIII/2015 Tentang Perjanjian Perkawinan Terhadap Tujuan Perkawinan." Al-Daulah: Jurnal Hukum dan Perundangan Islam 7, no. 1 (2017): 1–27. http://dx.doi.org/10.15642/ad.2017.7.1.1-27.

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Abstract: this article discusses changes brought by the ruling of Constitutional Court No. 69/PUU/XIII/2015 which reviewed Marriage Law No. 1/1974, article 29 on pre nuptial agreement. The article previously stated that such an agreement must be done prior or at the eve of marriage contract was signed. The Constitutional Court decided upon a petition that nuptial agreement may be done prior the marriage or during the marriage. The implication of this reuling by Constitutional Court is the additional legal protection regime that women can have in marriage against misfortunes such as domestic vi
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13

Ilmiyah, Dakhirotul. "HADIS TENTANG NIKAH MUT‘AH (KAWIN KONTRAK)." LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan 11, no. 1 (2017): 183–200. http://dx.doi.org/10.35316/lisanalhal.v11i1.170.

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This research talks about contract marriage or in Islam known as mut'ah marriage. The marriage of a contract is a marriage which is done according to the time specified. When time is up then man can leave the woman. According by Ammianus Mercellinus, such marriages were practiced by Arabs around the 4th century AD. This news needs to be clarified because existence of women abandoned by men is probably not in terms of marriage but they only help mas to prepare in war. In Islam, once allowed to marry contract because Sahabat have not long left period of ignorance and infidelity. It is allowed u
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14

Hakim, Muh Luthfi. "APLIKASI KONSEP FIQH SOSIAL KH. M.A. SAHAL MAHFUDH TERHADAP BATAS USIA PERKAWINAN DALAM PASAL 7 AYAT (1) UNDANG-UNDANG PERKAWINAN." Islamic Review : Jurnal Riset dan Kajian Keislaman 8, no. 2 (2019): 207–34. http://dx.doi.org/10.35878/islamicreview.v8i2.174.

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The limitation age of marriage in article 7 verse (1) of Law Number 1/1974 on marriage, is considered to cause various problems. The limitation age for marriage of 19 for males and 16 years for females is too early and it is less appropriate with biological, psychological, educational, and economic maturity. Psychologically, marriages under 21 years of age do not yet have maturity. From the aspect of the fulfillment of economic needs, a husband is still not stable to meet family needs.The purpose of this research is to analyze the limitation age of marriage in Law Number 1/1974 by using perspe
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15

Ridwan, Ridwan. "TABIAT PEREMPUAN DALAM RISALAH KARANGAN ALIM AD-DAHRI." Jurnal Ilmu Budaya 17, no. 2 (2021): 120–30. http://dx.doi.org/10.31849/jib.v17i2.6237.

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This analysis analyzes the Malay kitab entitled “Risalah” which is transcribed into Jawi by Ahmad bin Sulaiman Kamal from the original writing in Arabic written by Alim Ad-Dahri. The focus of this analysis is women’s characters found in the text. The text conveys ten women characters likened to animals. The knowledge about these women characters assists men to judge before marrying the women since a wife plays important role in determining a good marriage. This analysis qualitative descriptive analysis started with the process of translation from Jawi to the Latin alphabet. This analysis will
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16

Hidayat, A. Mufti. "Implikasi Perkawinan Campuran terhadap Status Kewarganegaraan Anak." al-Daulah: Jurnal Hukum dan Perundangan Islam 3, no. 2 (2013): 375–98. http://dx.doi.org/10.15642/ad.2013.3.2.375-398.

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Abstract: This paper discusses about Law No. 12 year 2006, article 6 on the Indonesian citizenship which gives the provisions of dual citizenship status to a child as the implication of the mixed marriage, and analysis of Islamic political jurisprudence perspective toward the provisions of the dual citizenship status. The author concludes that granting the dual citizenship status to a child as the implication of the mixed marriage is nothing but for the sake of enforcing the rights of men, particularly for children. It is so because the child’s rights are part of the Human Rights which must be
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17

Fitri, Abdul Basit Misbachul. "POLIGAMI DALAM PERSPEKTIF SYADZ AD-DZARI’AH." Usratuna: Jurnal Hukum Keluarga Islam 4, no. 01 (2020): 1–24. http://dx.doi.org/10.29062/usratuna.v4i01.259.

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In this study we try to describe polygamy in the perspective of Syadz adz-Dzari'ah, namely prevention, because it is feared that there will be conflicts within the family, between wives and husbands, between other wives, and between children. This research is a comparative literature study, the study material comes from literature sources. The technique of collecting data is by means of observation data collection (organizing data). Second, through library research. namely seeing, observing, seeking. The approach uses qualitative. The data were then collected and analysis techniques were carri
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18

Suryani, Suryani, and Suraili Suraili. "ANALISIS SEMIOTIKA IKLAN LAYANAN KELUARGA BERENCANA (KB) VERSI PERNIKAHAN DINI." KOMUNIKASIA: Journal of Islamic Communication and Broadcasting 1, no. 1 (2021): 35–55. http://dx.doi.org/10.32923/kpi.v1i1.1838.

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Family Planning (KB) is one of the government programs aimed at limiting the number of children in a family and inhibiting the rate of population growth in Indonesia. To introduce the program, the government made an advertisement for KB service version of Early Marriage on television. These ads contain meanings that are indirectly conveyed through the symbols in the ad. The ad will be analyzed using Jurgen Ruesch's semiotic analysis model, classifying all verbal and nonverbal cues in sign language, action language and object language. The meaning of the symbol consisting of the language of the
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19

Sukamto, Sukamto. "Analisis Sosio Yuridis Terhadap Pernikahan Usia Dini Dan Perceraian di Jawa Timur." Al-Daulah: Jurnal Hukum dan Perundangan Islam 7, no. 2 (2018): 393–418. http://dx.doi.org/10.15642/ad.2017.7.2.393-418.

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Abstract: This study examines the dynamics of early marriage and divorce occurring in a strong Islamic cultural tradition. The results of the research show that there are significant factors on the early marriage and divorce rates as the influence of socio-cultural traditions of the societies. These symptoms can not be separated from the influence of social systems and values ​​prevailing in society. Local cultural traditions that only take place in certain areas are often used as a foothold in early marriage as well as the prevailing social systems. Although both of the local cultural tra
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FANG, Xudong. "權利與善——論同性婚姻". International Journal of Chinese & Comparative Philosophy of Medicine 16, № 2 (2018): 99–114. http://dx.doi.org/10.24112/ijccpm.161655.

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LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文由兩個部分構成,第一部分闡述了不反對同性婚姻合法化的理由,逐一討論了對同性婚姻合法化的五種反對意見,認為它們都不成立。第二部分論述了儒家推崇異性婚姻的原因,其主要考慮是同性婚姻不能像異性婚姻那樣可以提供倫理的完整性。作者強調,作為公民權利,同性婚姻可以被自由追求,但作為儒家則以異性婚姻為婚姻的理想模式。前者事關權利,後者事關“善”,有各自的界限,不得逾越。This paper consists of two parts. In the first part, the author refutes, one by one, five objections to the legalization of same-sex marriage, including arguments grounded in naturalness, origin, reductio ad absurdum, compromising traditional marriage, and Jiang Qing’s doctrine of particular human rights. The strongest reason for advocating the legal
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McGoldrick, Terence. "“Everything in Marriage is Holy”. Francis de Sales, a Christian Humanist Theology of Marriage." Salesianum 75, no. 4 (2013): 761–80. https://doi.org/10.63343/me9413ij.

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Gli insegnamenti di san Francesco di Sales sul matrimonio sono particolarmente originali. Il Concilio di Trento e il suo Catechismo avevano conferito al matrimonio un’inedita dignità ufficiale in quanto sacramento, ma la Chiesa tridentina continuava ad affermare l’indiscutibile (anathema sit) superiorità dello stato religioso. Lutero e i protestanti controbattevano che il celibato è impossibile e contrario al comando di Dio: “Siate fecondi e moltiplicatevi” (Gen 1,22). Francesco di Sales, uno dei maggiori umanisti cristiani del tempo, tra i più attivi sostenitori della riforma tridentina, affe
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Abdurrahman Hakim. "POLITIK HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA (Analisis Mengenai Intervensi Partai Politik terhadap Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan)." Al-Daulah: Jurnal Hukum dan Perundangan Islam 10, no. 2 (2020): 201–21. http://dx.doi.org/10.15642/ad.2020.10.2.201-221.

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This paper aims to analyze the existence of political party intervention in legislative drafting on regulation No 1/1974 about marriage. Political party intervention is actually contrary to responsive legal theory that is applied in the formation of regulations in Indonesia. Political party intervention can change the legal content in the formulation of legislation because there are interests that are subjective. The implication, of course the resulting legal products will not solve problems in society that have been assessed as public issues. If examined from the perspective of public policy,
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23

Whitelaw, Gavin. "Pollution Concepts and Marriage for the Southern African Iron Age." Cambridge Archaeological Journal 23, no. 2 (2013): 203–25. http://dx.doi.org/10.1017/s0959774313000279.

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This article draws on the ethnography of South African Bantu speakers to model an archaeologically useful relationship between pollution beliefs and marriage. Typically, pollution beliefs intensify with more complex marital alliances, first with the increasing significance of relations between wives and their cattle-linked siblings, and then with a shift towards a preference for cousin marriage. The article applies the model to the Early Iron Age (ad 650–1050) record and concludes that Early Iron Age agriculturists practised non-kin marriage, but that a high bridewealth, and possibly hypogamou
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Evans-Grubbs, Judith. "Abduction Marriage in Antiquity: A Law of Constantine (CTh IX 24.1) and its Social Context." Journal of Roman Studies 79 (November 1989): 59–83. http://dx.doi.org/10.2307/301181.

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On I April A.D. 326 the Emperor Constantine issued a strongly worded edict (CTh IX. 24. 1) violently attacking the practice of abduction marriage or bride theft. Addressed ‘to the people’ (‘ad populum’), the law demands the punishment of all persons involved in such cases, including even the girl herself and her parents, if they had later agreed to the marriage of their daughter with her abductor. This edict marks the first explicit recognition in Roman law of marriage by abduction, although it is clear from other literary sources that the phenomenon was not new to the age of Constantine.
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Saad Saleh Al-Gharafi, Abdul-Ghani Abdul-Raqeeb. "Underage marriage in Islamic law and Yemeni law." Yemen University Journal 8, no. 8 (2023): 1–38. http://dx.doi.org/10.57117/j.v8i8.32022.

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This research aims to explain the marriage of minors and to know the point of view of Islamic law and Yemeni law on this marriage, as well as to know its causes and effects. This objective was achieved through an introduction, four chapters and a conclusion. The introduction included the importance of the research, the reasons for its selection, its problem, objectives, methodology, questions, hypotheses, previous studies and research, and its divisions. The first topic included: the nature of marriage, its legitimacy and its pillars in Islamic law.. The second topic contained: the concept of
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Naily, Nabiela, A. Kemal Riza, and Ta’mirotul Biroroh. "Dynamic Problems of Polygamy Cases in Indonesia:." al-Daulah Jurnal Hukum dan Perundangan Islam 12, no. 1 (2022): 51–75. http://dx.doi.org/10.15642/ad.2022.12.1.51-75.

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Abstract: One issue that remains a stumble block for modernization of Islamic family law is polygamy. In Indonesia, polygamy is restricted, but not completely forbidden. Husbands who have desires for polygamy should fulfill requirements before the court of justice. However, there is a tendency among judges of Islamic courts nowadays to grant permission for them to practice polygamy although not all of those husbands meet the requirements as outlined by the Marriage Law. The judges argue that according to Article 5 the Law No. 48 of 2009 concerning Judicial Authority they have the right and are
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Darmawan, Darmawan. "Influences of ‘Urf in Islamic Law Compilation Concerning Marriage in Indonesia." al-Daulah Jurnal Hukum dan Perundangan Islam 11, no. 1 (2021): 149–72. http://dx.doi.org/10.15642/ad.2021.11.1.149-172.

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The scholars of ushul fiqh (uṣūliyyīn) agree that ‘urf al-ṣaḥīḥ, representing an appropriate custom, serves as the legal basis since this is congruent with what is intended in naṣ (Quran and Sunnah). Thus, determining Islamic law should take into account the customs or traditions people adhere to, including inheritance-related matters. In Indonesia, Islamic Law Compilation, the law governing inheritance based on society and religious courts, set forth several articles accommodating ‘urf in the inheritance system. This study aims to investigate which ‘urf has been adopted as a legal guideline i
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Mansur, Mansur, Abu Yasid, Lathoif Ghozali, and Iskandar Ritonga. "Nalar-Moderat Mazhab Mutakallimin dan Implikasinya pada Pencatatan Nikah di Indonesia." ASASI: Journal of Islamic Family Law 3, no. 2 (2023): 118–34. http://dx.doi.org/10.36420/asasi.v3i2.281.

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The purpose of this study is to explain moderate thoughts in the deductive reasoning of the Mutakallimin School and their implications for influencing state policy in Indonesia, especially in the matter of registering marriages. With the regulation of Law no. 1 of 1974 concerning the obligation to register marriages through the KUA, reaping controversy and recent deviant behavior such as online siri marriages. This manuscript study using the Content Analysis method examines the deductive method of the Mutakallimin School included in the book Al-mahshul fi ilmi al ushul. As a result, the modera
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Murniati and Firda Sholihah. "TINJAUAN MAQASHID SYARI'AH TERHADAP AKAD NIKAH ONLINE." El 'Aailah: Jurnal Kajian Hukum Keluarga 3, no. 2 (2024): 148–59. http://dx.doi.org/10.59270/aailah.v3i2.252.

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The validity of a marriage depends on fulfilling the terms and conditions of marriage. In the implementation of online marriage contracts, there are differences in the fulfillment of the pillars and conditions of the marriage, such as not gathering the bride and groom, the guardian of the marriage, and two witnesses in one place when the consent or marriage contract takes place, which has become a topic of discussion among ulama and legal experts. The reason is, there is still a lot of debate regarding this law. From the phenomenon of implementing online marriage contracts, questions arise reg
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Mirković, Miroslava. "Phang, Sara Elise, The Marriage of Roman Soldiers (13 BC-AD 235)." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 120, no. 1 (2003): 404–8. http://dx.doi.org/10.7767/zrgra.2003.120.1.404.

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Kofanov, Leonid L. "NOMINA OF MARRIED WOMEN IN CUM MANU MARRIAGES IN THE ROMAN REPUBLIC AND PRINCIPATE ERAS." Vestnik of Kostroma State University 30, no. 2 (2024): 190–94. http://dx.doi.org/10.34216/1998-0817-2024-30-2-190-194.

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Generally, a daughter in parental power in Roman family in the Republic and the Principate did not have personal name, but bore her father’s name in the feminine. A woman kept her father’s family name in marriage, but if she came under her husband’s lawful authority and became a member of his clan, her father’s family name became her personal name and her husband’s family name was added in the nominative or genitive case. In modern historical and legal science is traditionally considered that this custom was strictly observed in Republican Rome. But in the 2nd – 1st centuries BC this custom di
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Al Jufri, Khairil Anwar, Mohd Soberi Awang, and Mualimin Mochammad Sahid. "MAQASID SYARIAH MENURUT IMAM AL-GHAZALI DAN APLIKASINYA DALAM PENYUSUNAN UNDANG-UNDANG ISLAM DI INDONESIA." Malaysian Journal of Syariah and Law 9, no. 2 (2021): 75–87. http://dx.doi.org/10.33102/mjsl.vol9no2.315.

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Undoubtedly, Imam al-Ghazali is the founder of the Maqasid Sharia knowledge framework. This is marked by the work of Imam al-Ghazali in the 5th century entitled "al-Mustasfa min ‘Ilm al-Usul" and "al-Mankhul min Ta’liqat al-Usul". Therefore, this study aims to determine the theory of Maqasid Sharia according to Imam Al Ghazali and its application in the Compilation of Islamic Law (KHI) in Indonesia. This study is based on a library research which is sourced directly from al-Ghazali’s books; al-Mustasfa and al-Mankhul, as well as the Compilation of Islamic Law manuscript, particularly in marria
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Muaidi and Jumain Azizi. "Studi Maqasyid Syariah As-Syatibi Terhadap Sistem Perkawinan di Indonesia." TAFAQQUH 9, no. 2 (2024): 125–36. https://doi.org/10.70032/kxz00685.

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This research examines the marriage system in Indonesia through the perspective of Maqasyid Syariah developed by Imam As-Syatibi. The main focus of the study is to analyze the extent to which the marriage system in Indonesia reflects and fulfills the five main objectives of Sharia (al-kulliyyat al-khams) according to As-Syatibi, namely the protection of religion (hifz ad-din), life (hifz an-nafs), intellect (hifz al-'aql), lineage (hifz an-nasl), and wealth (hifz al-mal). Using a qualitative approach with document analysis and literature study methods, this research reveals that the marriage s
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Grimaldi, Carol. "Maintaining Caring Relationships in Spouses Affected by Alzheimer’s Disease." International Journal of Human Caring 19, no. 3 (2015): 12–18. http://dx.doi.org/10.20467/1091-5710.19.3.12.

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The purpose of this study was to uncover ways that spouses living with Alzheimer’s disease (AD) sustain engagement in their relationships. Coming to understand caring marital relationships when a partner is diagnosed with AD will help nurses to provide more effective support. Fifteen couples participated. Thirty conversations were analyzed with qualitative methods. Three overall themes of spousal caring were identified: engaging with compassion, patiently reaching out, and trusting in the existence of deep attachment. A central theme emerged: relating with compassion by reaching out and trusti
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Amalia, Ainun. "Reconciling Indigenous Practices and Islamic Principles." ISLAM NUSANTARA:Journal for the Study of Islamic History and Culture 6, no. 1 (2025): 21–46. https://doi.org/10.47776/wmzmb485.

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This study aims to analyze the application of fiqh principles in the “Panai” tradition within Bugis marriage customs. Panai refers to a monetary payment that a male suitor is required to provide to the bride's family to cover wedding expenses. In the Bugis tradition, Panai is considered an essential component of the dowry, functioning almost as a precondition. Without Panai, marriages within this culture are unlikely to proceed. Over time, the meaning and significance of Panai have evolved, influenced by various social factors. It now serves as a measure of a woman's family’s social status, wi
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Fitri, Abd Basit Misbachul. "PELAKSANAAN KMA RI NO. 298 TAHUN 2003 PASAL 2 TENTANG PENGAWASAN DAN PENCATATAN PERNIKAHAN PADA MUSIM PANDEMI COVID 19." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 9, no. 1 (2021): 17–40. http://dx.doi.org/10.52431/tafaqquh.v9i1.351.

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Supervision and registration of marriage is something that is urgent for the sake of being recognized and legislated by the state because it is a very important event. The Indonesian nation has been hit by covid 19 since March 2020 until now it has not ended, this virus is a pandemic category so it is not certain when it will end, spreading throughout the world. The research used the interview method conducted by researchers to Jombang District KUA officers in December 2020 regarding the activities of the KUA Jombang sub-district in the covid 19 pandemic season. The results of this study were
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Soufi, Youcef. "A Subtle Subversion." Arabica 71, no. 3 (2024): 304–32. http://dx.doi.org/10.1163/15700585-202416892.

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Abstract The Arab socio-political dominance of 7th-8th century AD Muslim conquerors made its way into the classical legal discourse on kafāʾa (suitable matches in marriage). Most classical jurists considered the marriage of an Arab woman to a non-Arab man to be one of several potential sources of shame to the bride and her family. This article traces how the Persian scholars of the Šāfiʿī school in Khurasan subverted Arabo-centrism in considerations of marriage by reinterpreting the legal doctrine of kafāʾa in the late 10th-11th centuries. Khurasanian Šāfiʿīs built upon but ultimately departed
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Hafidzi, Anwar, Rusdiyah Rusdiyah, and Nurdin Nurdin. "Arranged Marriage: Adjusting Kafa’ah Can Reduce Trafficking of Women." Al-Istinbath : Jurnal Hukum Islam 5, no. 2 (2020): 177. http://dx.doi.org/10.29240/jhi.v5i2.1991.

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This study aims to find the concept of match making or coercion in marriage against women. Women are more sensitive to match making issues and express disagreement with practices that violate women’s rights and endanger their future. However, previous researchers also considered match making coercion, sowe tried to research what if it was adapted to the concept of kafa'ah according to Shariah. The method used in this researchis a literature review by looking at the book an-nikah by Shaykh Muhammad Arsyad Al-Banjari, written in the 17th century AD. Through a hermeneuticalapproach, the researche
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Hafidzi, Anwar, and Nurdin Nurdin. "The concept of kafa'ah as the pre-requirement of Banjar community marriage." Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam 4, no. 1 (2020): 37. http://dx.doi.org/10.30659/jua.v4i1.10959.

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This research will discuss the concept and practice of Kafa'ah (capable) when going to a marriage procession in the Banjar community based on the An-Nikah Book of Shaykh Muhammad Arsyad Al-Banjary. Kafa'ah basically in marriage is equality of degrees in choosing a prospective wife or husband when going to a marriage contract. However, for the Banjar community, kafa'ah is used as a benchmark in choosing a partner. The solution is with this research because it was written in the 17th century AD as a basis for the use of kafa�ah in Islamic law in general. The method used in this research is a lit
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Yoki Pradkta, Hervin, Rifki Ilyas Al-Farizi, Hasanuddin Muhammad, and Wahyu Saefudin. "Analysis of Judge Considerations in Decision Number 0077/Pdt.P/2019/PA.Tnk Concerning Marriage Dispensation and Its Implications Viewed from Mashlahah Perspective." Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam 7, no. 2 (2022): 232–45. https://doi.org/10.25217/jm.v7i2.2687.

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Marriage dispensation is the granting of marriage permits to brides who are not yet of the age specified in the law with clear reasons, for example in this study dispensation is given to brides who have been permitted to marry by their parents, what is interesting from this research is the basic considerations of judges in giving perspective marriage dispensation problem. The main problem to be examined is the judge's consideration in the decision Number 0077/Pdt.P/2019/PA.Tnk regarding the dispensation of marriage and its implications. This research is a qualitative research with literature s
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Vamkani, Zahra Khosravi, and Mehdi Najafi Komleh. "The Status of Women in the Idea of “Rifa’a Tahtavy”." International Journal of English Linguistics 6, no. 7 (2016): 171. http://dx.doi.org/10.5539/ijel.v6n7p171.

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<p>Arab intellectuals in the nineteenth century during their travels to Western countries wanted to reform the social problems of their country, which mixed with religion and tradition. Some of these problems were Women’s issues, including education, dress, marriage, etc. The intellectuals included of diverse groups of people: poet, author, historian, etc. “Rifa’a Tahtavy 1801-1873 AD” was one of the scholars of the movement that believed in gender equality in the areas of personal and social. In his view of point, modeling from European countries in the field of education was critical.
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Fanani, Zainal. "Nikāh Sirri and Its Impact: The Perspective of Maqashid Ash-Shari’ah of Imam Asy-Syathiby." At-Tahdzib: Jurnal Studi Islam dan Muamalah 12, no. 2 (2024): 171–81. http://dx.doi.org/10.61181/at-tahdzib.v12i2.455.

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Background. The legal status of nikāh sirri (secret or unregistered marriage) is controversial because it is not announced and not officially recorded. The views of scholars on secret marriage and the factors causing it, as well as the legal regulations in force in Indonesia, need to be studied. Aim. Examines nikāh sirri from the perspective of maqāṣid asy-syari’ah, which includes five essential goals of Islamic law: the maintaining religion (hifẓ ad-dīn), soul (hifẓ an-nafs), descendants (hifẓ an-nasl), property (hifẓ al-māl), and reason (hifẓ al-’aql). Method. This research utilizes a litera
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Amin, Habibi Al, and Muhdi Muhdi. "CATCH MARRIAGE IN MAQASHID AL-SYARI'AH AND INDONESIAN LAW PERSPECTIVE." SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam 6, no. 2 (2021): 115–28. http://dx.doi.org/10.33752/sbjphi.v6i2.3948.

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This article is the result of a qualitative field research with a legal sociology approach. This article discusses the tradition of intermarrying with the eyes of Islamic law and positive law. The researcher uses the maqasid shariah theory in explaining the legal position of capture marriage. The maqasid shariah theory has a flexible and adaptive character in determining the legal status of localistic matters. The location of this research is in Pekalongan village, Sampang district, Madura. This study concludes that marriage arrests in the village of Pekalongan are legal, even obligatory, seei
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Beal, John P. "Oops . . . I Did It Again, or Britney Spears at the Marriage Tribunal: The Appointment of Guardians for Incompetent Parties in Marriage Nullity Cases." Jurist: Studies in Church Law and Ministry 79, no. 1 (2023): 1–40. http://dx.doi.org/10.1353/jur.2023.a913446.

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ABSTRACT: Since at least Roman times, jurists have been concerned that the fairness of judicial proceedings can be undermined when one of the parties to the process is mentally impaired. As a result, the law has made provision for the recognition or appointment of guardians to act on behalf and protect the rights of the impaired in processes. After a brief overview of the American law governing guardians or conservators, this article examines how the problem of mentally impaired parties is dealt with in canon law: the recognition or appointment of guardians, the circumstances when guardians ar
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Syaibani, Syaibani. "PEMBINAAN PERNIKAHAN MUALLAF DALAM RANGKA MEWUJUDKAN KELUARGA HARMONIS (Studi di Desa Sumber Arum, Kotabumi Lampung Utara)." Ijtimaiyya: Jurnal Pengembangan Masyarakat Islam 11, no. 2 (2018): 249–70. http://dx.doi.org/10.24042/ijpmi.v11i2.3776.

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The problem in this article is how to guide Muslimconverts in Sumber Arum Village, Kotabumi, NorthLampung? Is it the impact of fostering a marriageconvert to family harmony in Sumber Arum Village,Kotabumi, North Lampung? This research is fieldresearch and the data obtained from interviews,observations, and documents. Data analysis was carriedout descriptively analytically. This study found that theimplementation of the Muslim convert marriage inSumber Arum village was basically in the category ofindependent marriage formation. The coaching processis usually carried out at a time and place agre
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Muravyev, Alexey. "‘Perfidious Goth’, Holy Martyrs Cult and the Memory of Roman Troops in 5th Century Edessa." Amsterdamer Beiträge zur älteren Germanistik 80, no. 1-2 (2020): 134–42. http://dx.doi.org/10.1163/18756719-12340180.

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Abstract The present article deals with the literary image of a Gothic man who happened to be in Edessa in the 5th century AD as a part of Roman auxiliary troops. He is reported to marry there a local girl under pretext of being a celibatarian. Having left Syria for Gothia, it turned out that he was married and had children. The Syrian wife became a slave and suffered a lot before returning miraculously back to Edessa. From the comparative study of the sources it becomes clear that the Gothic auxiliary troops were summoned to Edessa in connection with the advance of the Huns. Notwithstanding t
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Głombiowska, Zofia. "Filip Buonaccorsi Kallimach „De legitimo amore”." Symbolae Philologorum Posnaniensium Graecae et Latinae 33, no. 1 (2023): 103–27. http://dx.doi.org/10.14746/sppgl.2023.xxxiii.1.10.

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The article is an analysis of three works by Filip Kallimach (Filippo Buonaccorsi) regarding marriage (elegy XXII, Epithalamium Fanniae ac Musaei, carmen Ad se ipsum). In the collections of Roman elegies from the Augustian era, there are no wedding pieces. The source of Callimachus’ idea is found by the author of the article in Epithalamium in Stellam et Violentillam by P. Papinius Statius and, indirectly, through the epithalamium of Statius – in the unpreserved elegies of L. Arruntius Stella, a poet of Domitian times.
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Hudson, Valerie M., and Hilary Matfess. "In Plain Sight: The Neglected Linkage between Brideprice and Violent Conflict." International Security 42, no. 1 (2017): 7–40. http://dx.doi.org/10.1162/isec_a_00289.

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Approximately seventy-five percent of the world's population lives in countries where asset exchange upon marriage is obligatory. Rising brideprice—money or gifts provided to a woman's family by the groom and his family as part of marriage arrangements—is a common if overlooked catalyst of violent conflict. In patrilineal (and some matrilineal) societies where brideprice is practiced, a man's social status is directly connected to his marital status. Brideprice acts as a flat tax that is prone to sudden and swift increases. As a result, rising brideprice can create serious marriage market dist
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Siregar, Agung Poso, Ridho Mubarak, and Alvin Hamzah. "Tinjauan Yuridis Tindak Pidana Pemalsuan Dokumen Pernikahaan Terhadap Anggota TNI Berdasarkan Undang-Undang Nomor 25 Tahun 2014 (Studi Kasus Putusan No: 44-K/PM.I-02/AD/IV/2018 Pengadilan Militer I-02 Medan)." JUNCTO: Jurnal Ilmiah Hukum 1, no. 1 (2019): 1–9. http://dx.doi.org/10.31289/juncto.v1i1.189.

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Legal arrangements regarding falsification in the Military Disciplinary Law and knowing the application of criminal law in military justice in the falsification of marriage data documents in decision No. 44-K / PM.I-02 / AD / IV / 2018. This type of research is used normative juridical. Retrieval of data in this study is by taking a copy of the decision regarding the problem of falsification of data falsification documents carried out by individual TNI. The application of criminal law against the perpetrators of falsified criminal acts in the examination of the decision Number: 44-K / PM.I-02
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Abubakar Ibrahim Adamu and Hamidu Ardo. "Khul’i As Mechanism To Preventing Murder Of Husband In Nigeria." LECTURES: Journal of Islamic and Education Studies 2, no. 4 (2023): 193–201. http://dx.doi.org/10.58355/lectures.v2i4.66.

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Khul’i (right of redemption) is a right accorded to a wife to get a divorce from her husband from the bond of marriage either by initiating a divorce proceeding in a court or by a mutual consent of both parties and their representatives. Khul' is a form of divorce in which the wife releases herself (from the marriage tie) by paying consideration to the husband. If the husband does not consent to the divorce, a woman often goes to a mediating third party, such as an imam. Only a person versed in Islamic law i.e. a qadi, or Islamic Sharia court judge, can grant the khulʿ without the husband's co
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