Umar Faruq
Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember Jawa Timur Indonesia

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Perkawinan di Bawah Umur dalam Keharmonisan Rumah Tangga di Desa Sukogidri Kecamatan Ledokombo Kabupaten Jember Umar Faruq
Al Fuadiy : Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2022): Juni : Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (728.295 KB) | DOI: 10.55606/af.v4i1.14

Abstract

This study aims to answer the resech problem that has been formulated in the formulation of the problem, that is 1) to reveal how the process of underage marriage in the village Sukogidri Ledokombo District, 2) What is the factor of underage marriage in the village Sukogidri Ledokombo District, and 3 ) What are the implications of underage marriage on domestic harmony. Research Methods with Approach and Type of Research is a qualitative approach with Field Research Type. Methods of data collection using observation, interviews, and documentation, and data analysis using data redaction techniques, display data and conclution drawing / verivication.. The analysis shows 1) the underage marriage process in Sukogidri village by inviting the community leaders, the nearest community, the families of the two brides, the father of mudin. The marriage process is done by the marriage contract by the community leader who has happened to resign the guardian from the bride's parent, 2) The occurrence of underage marriage in Sukogidri village is external factor, that is the insistence of the parents because of economic factor, worry about violating religion, and pregnant outside of marriage . And 3) the implications of underage marriage on household welfare have a negative impact. Negative impact is on the fulfillment of rights and obligations., In connection with this, in the household to be considered is the fulfillment of rights and obligations of husband and wife. Due to lack of preparedness in the household, the burden of rights and duties of husband and wife are still assisted by their respective parents. Creating a prosperous relationship in the family is not enough to be carried out by two husband and wife, it should involve all elements of the family, the readiness of the child in the household relationship still requires guidance and direction of the families of both parties, either from the wife or husband  
Tinjauan Yuridis Terhadap Perkawinan di Bawah Umur dalam Undang-Undang no 1 tahun 1974 dan Kaitannya dengan Hukum Islam Umar Faruq
Al Fuadiy : Jurnal Hukum Keluarga Islam Vol. 4 No. 1 (2022): Juni : Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1211.57 KB) | DOI: 10.55606/af.v4i1.15

Abstract

Article 1 of Law Number 1 of 1974 states that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on God Almighty. Based on the provisions of Article 2 paragraph (1) which states that a marriage is valid if it is carried out according to the law of each religion and belief. And the provisions of Article 7 paragraph (1) Marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years. As for the problem in this thesis, what is the view of Law Number 1 of 1974 and Islamic law on underage marriages and the legal consequences if a marriage is still carried out according to the provisions of Law Number 1 of 1974 and the provisions of Islamic law. And what efforts must be made so that a marriage that is still underage becomes legal according to law. The research in this thesis was carried out using the Library Research method or library research by studying the legislation on a number of books, writings and scientific works related to the material discussed in this thesis. According to the provisions of Law Number 1 of 1974 that a marriage is considered valid if carried out according to their religion and belief and reach the age limit that has been determined in the Marriage Law. On the other hand, according to Islamic law, a marriage that has fulfilled the pillars and conditions of marriage is considered a valid marriage even though it does not reach the age limit specified in the law so that the legal consequences are the same as marriages in general. Therefore, the marriage is not valid according to positive law, then the marriage has no legal consequences, but there is an impact of underage marriage on the status of children and wives. That is in terms of inheritance and child recognition