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All Journal Smart: Journal of Sharia, Tradition, and Modernity
K. Khairuddin
Lecturer Raden Intan State Islamic University Lampung
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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REINTERPRETATION OF LIVELIHOODS IN MARRIAGE LAW AND ITS IMPLICATIONS ON FAMILY RESISTANCE IN THE TIME AND POST COVID-19 Fathul Mu'in; Moh. Mukri; K. Khairuddin; Siti Mahmudah
SMART: Journal of Sharia, Traditon, and Modernity Vol 1, No 2 (2021): SMART: Journal of Sharia, Tradition, and Modernity
Publisher : SMART: Journal of Sharia, Traditon, and Modernity

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (275.116 KB) | DOI: 10.24042/smart.v1i2.10965

Abstract

The rules regarding a living in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law imposes the obligation to earn a living only on the husband. These two regulations create problems in society. Many wives demand a living from their husbands. Not a few wives also have jobs and income, but they are spent on their own needs, including for consumptive things, channeling hobbies and others because they think that fulfilling a living is not part of their obligations. This condition is coupled with the interpretation of a number of verses of the Qur'an and the traditions of the Prophet which are still patriarchal. The marriage law and a number of verses of the Qur'an and the Prophet's hadith need to be reinterpreted. This is because the development of an increasingly advanced era makes the role of women not only as wives who only take care of the household, but also as one of the contributors to the economy. This research uses the library research method. This study concludes that the livelihoods in these two laws and regulations need to be updated to be relevant to current conditions. Supposedly, the wife also has the same obligation in matters of livelihood. The reinterpretation of livelihood using the interpretation of mubadalah is to produce the principle of mutuality. The wife can even be the main breadwinner under certain conditions. This interpretation has implications for the fulfillment of the family's economy during the pandemic and post-covid-19 pandemic. Because, in difficult economic conditions, the wife participates in helping the family economy on a macro basis or even as the main provider in the household who changes places with her husband.Keywords: Reinterpretation, Livelihoods, Marriage Law, Family Resistance, Covid-19 
POSITION OF CHILDREN OUT OF MARRIAGE IN PERSPECTIVE OF PROGRESSIVE ISLAMIC LAW Toha Ma'arif; F. Faisal; K. Khairuddin; Yusuf Baihaqi
SMART: Journal of Sharia, Traditon, and Modernity Vol 2, No 1 (2022): SMART: Journal of Sharia, Tradition, and Modernity
Publisher : SMART: Journal of Sharia, Traditon, and Modernity

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.13555

Abstract

Children born out of marriage are children born from marriages carried out according to their respective religions and beliefs. This understanding shows the existence of marriage, and if it is carried out according to the Islamic religion, then such a marriage is valid in the perspective of Islamic fiqh as long as it meets the requirements and pillars. Regarding to the position of children out of marriage, in 2012, the Constitutional Court issued a decision related to this matter which then raised pros and cons from various parties, both from legal practitioners, academics, the Indonesian Ulema Council, and even the community. Based on it, this research would like to examine more deeply related to the legal position of children out of wedlock in Indonesian legislation in the perspective of Progressive Islamic law. The type of research used is normative-empirical legal research using primary and secondary data, data analysis using qualitative descriptive and drawing conclusion using deductive thinking. The results showed that children out of marriage in the perspective of progressive Islamic law are children out of marriage have a kinship relationship with their father if born at least six months after marriage or within a grace period of four years after the marriage broke up provided it is evident that within four years their mother didn't excrete.
Co-Authors F. Faisal Fathul Mu’in Moh. Mukri Siti Mahmudah Toha Ma'arif Yusuf Baihaqi