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Journal : Ris��lah, Jurnal Pendidikan dan Studi Islam

POLALANTA DIVORCE PRACTICE OF BANGGAI ETHNIC SOCIETY IN BANGGAI DISTRIC BASED ON ISLAMIC LAW AND CONSTITUTIONAL LAW Mutalib, Adiyanto; Nasaruddin, Nasaruddin; Malarangan, Hilal
Risâlah, Jurnal Pendidikan dan Studi Islam Vol 8 No 1 (2022): Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Wiralodra Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/jurnal_risalah.v8i1.245

Abstract

This paper aims to describe The issue of divorce between Islamic law and constitutional law which is very distinction, one of argumentation in Islamic law; according to one opinion, divorce only needs to be witnessed, while in constitutional law, divorce must be tried in the Religion Courts. This provision is contained in Article 39 paragraph (1) of Law No.1 of 1974, Article 65 of Law No.3 of 2006, and Article 115 of the Compilation of Islamic Law, which stipulates that divorce can only be carried out in front of a Court session after the court concerned tried and failed to reconcile the two parties.
CHILDREN’S SOCIAL RELATIONSHIP OUTSIDE OF MARRIAGE BASED ON ISLAMIC LAW PERSPECTIVE IN POSO DISTRICT AT. Israel, Siti Fitriani; Nasaruddin, Nasaruddin; Adam, Adam
Risâlah, Jurnal Pendidikan dan Studi Islam Vol 8 No 1 (2022): Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Wiralodra Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/jurnal_risalah.v8i1.248

Abstract

This paper aims to describe children’s social relationship out of marriage based on Islamic law perspective in poso district. The reseach was qualitative approach with the case study. Equality and the difference about the children right protection out of wedlock is the similarity in Islamic law and constitutional law that children out of wedlock have rights from their parents, namely the rights of parental authority, the right to care for and education of children, the right to inherit, and the right to a family name, while the difference lies in the relationship Islamic law argues that children out of wedlock have a civil relationship with their mother and their mother's family, and Constitutional Law argues that children out of wedlock have a civil relationship with their mother and mother's family, and their biological father which can be proven by evidence according to applicable law.