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Journal : International Journal of Health, Economics, and Social Sciences (IJHESS)

Implications of Infertility in Building Household Integrity From an Islamic Legal Perspective (Study in Parepare City) Silvana Herman; Rusdaya Basri; Zainal Said; Sudirman L; Hannani
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 1: January 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i1.3890

Abstract

The main study in this research is the Implications of Infertility in Fostering Household Integrity from an Islamic Legal Perspective (Study in Parepare City). In fact, the purpose of marriage is not only to worship, but also to produce offspring. The results of the research show that (1) There is a mismatch in the expectations of married couples in having children in the city of Parepare, which is not the least of married couples in the city of Parepare who experience infertility. (2) Factors that influence the household integrity of couples who experience infertility in the city of Parepare are Religion, Love and Economics (3) The implication of infertility for couples who experience it in the city of Parepare is that there is a lot of pressure from the family to immediately give birth to children. Which ultimately gives rise to a deep sense of disappointment felt by the sufferer. So some sufferers choose to practice polygamy and adopt children from their own families.
Gender Analysis of Minimum Age Limits Marriage in Law Number 16 of the Year 2019 concerning Marriage in Polewali Regency Mandar Asyrul; Rusdaya Basri; Rahmawati; Sudirman L; Agus Muchsin
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4736

Abstract

Islam determines and views the importance of marriage, so that a marriage must go through and consider religious, moral and social grounds. Marriage in Islam is seen as a strong bond and an absolute commitment to social life and to being an honorable human being. One of the issues discussed and the source of Islamic teachings is the issue of marriage. In the concept of Islamic law, there is no absolute provision regarding the minimum age a person is allowed to marry. The Qur'an indicates that the person who will enter into marriage must be someone who is ready and able. This type of research is field research. According to Dedy Mulyana, field research is a type of research that studies phenomena in their natural environment. For this reason, primary data is data that comes from the field. So that the data obtained truly corresponds to the reality regarding the phenomena that exist at the research location. Based on the results of an interview with Mr. Ahmad Yasin, S.H.i (Head Binuang District KUA) then it can be concluded that marriage dispensation is an application submitted by Indonesian citizens who want to get married but are prevented by the specified age limit. They cannot marry until they obtain special permission in the form of a marriage dispensation from the religious court. According to Mr Ahmad Yasin, awareness of the marriage age limit was obtained through outreach carried out by the Ministry of Religion of Polewali Mandar Regency. Based on the results that researchers have obtained, it can be concluded regarding gender analysis of the minimum age limit for marriage in Law Number 16 of 2019 concerning marriage in Polewali Mandar Regency, Protection of Women's Rights and Welfare is important to prevent early marriage which tends to have a greater negative impact against women, such as health risks, interrupted education, and limited economic opportunities. Setting the same age limit for men and women reflects the principle of gender equality and avoids discrimination based on sex in the context of marriage in Polewali Mandar Regency.
Effectiveness of Legal AID Services on Community Property Cases in Marriage at Partner Legal AID Institutions Madani West Sulawesi Wawan; Zainal Said; Fikri; Sudirman L; Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 1: January 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i1.4754

Abstract

This research aims to analyze the problem of free legal assistance for weak and poor communities. These provisions are regulated in the Legal Aid Law, which is the embodiment of Article 27 paragraph (1) and Article 28D paragraph (1) which shows that everyone has the same position before the law and is entitled to legal protection. The state has legally regulated it in such a way that justice can be felt by all levels of society, but the application of the law is still far from justice itself. This research is empirical legal research using a sociological juridical approach, namely an approach that emphasizes research that aims to obtain legal knowledge empirically. The research results show that LBH Mitra Madani, as a structural institution, has provided legal assistance in litigation and non-litigation. Apart from that, LBH Mitra Madani also provides legal counseling, community organizing and training in the legal field. However, the obstacle is the lack of financial support from the government, because LBH Mitra Madani has not yet been accredited. There are 37 cases that have been assisted from 2019 to 2022, of which the cases handled by LBH Mitra Madani are predominantly civil cases. LBH Mitra Madani's obstacles in providing legal assistance include legal substance and legal structure factors. According to regulations, the legal assistance provided by LBH Mitra Madani to poor people should be free. However, in fact, LBH Mitra Madani still collects fees from every client who is given legal assistance, this is because LBH Mitra Madani has not received financial assistance from the Government. Apart from the substantial factors that constrain the effectiveness of LBH Mitra Madani in providing legal assistance, there are legal structure factors, which include law enforcement institutions (police, prosecutors, courts and advocates).