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All Journal IBLAM Law Review Nuansa : Jurnal Studi Islam dan Kemasyarakatan
Suryani Suryani
Universitas Islam Negeri Fatmawati Sukarno Bengkulu
Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : IBLAM Law Review

 1 
SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY Suryani Suryani
IBLAM LAW REVIEW Vol. 2 No. 2 (2022): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v2i2.197

Abstract

This research aims to describe the study of Islamic legal philosophy regarding unregistered marriages, with the problem of how to carry out unregistered marriages, the factors that influence them, and how Siri marriages are according to the review of Islamic legal philosophy, to describe the implementation of unregistered marriages and the factors that influence them, as well as analysis of Islamic legal philosophy on the implementation of unregistered marriage laws. This research is library research with sources from literature that talk about unregistered marriages and Islamic legal philosophy. Research shows that the factors that influence unregistered marriages are religious factors, not having the approval of parents, economics, muamalat, infidelity, and polygamy. From a juridical perspective, a review of Islamic philosophy states that the legality of a marriage is as stated in Article 2 paragraph (2) of Law No. 1 of 1974 concerning marriage, that every marriage is registered according to the applicable laws and regulations. In the compilation of Islamic Law, article 5 paragraph 10 also requires that every marriage that takes place be recorded to ensure marital order for the community. Based on the study of ushul fiqh, registration of marriages or marriages, apart from guaranteeing legal certainty for husband and wife couples, it is also necessary to pay attention to the Maqashidu Syari'ah aspect (purpose of law) in Islam, namely that marriages or marriages that are not registered will cause a lot of harm or harm to husband and wife couples. the results of the marriage as well as for parties related to the marriage.
THREE TALAQ AT ONCE IN DIVORCE ACCORDING TO THE UNDERSTANDING OF HADITH Suryani Suryani
IBLAM LAW REVIEW Vol. 2 No. 3 (2022): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v2i3.199

Abstract

Marriage life is a goal that is highly prioritized in Islam. However, at a time in human life when it is impossible to continue a close relationship with one's partner, then what is the goal of marriage ends in the middle of the road and divorce occurs. This research This research is a type of library research. Data sources are fiqh books, books, and studies in various media that discuss triple talaq at once. The data analysis technique in this research is qualitative with deductive reasoning, namely a thinking method that applies general things first to be connected in specific parts. Triple talaq is a type of talaq that cannot be referred to and cannot be remarried unless the marriage takes place after the ex-wife marries someone else and then a ba'daldukhul divorce occurs and the iddah period ends. In Jurisprudence, if the husband has uttered the word talaq even outside the court against the wife then it is said that talaq has occurred. Triple talaq at once, when viewed in the current context, tends to be less relevant, because the current talaq must go through a judicial process and procedure.
Co-Authors Yezi Zurmavia