Suchergebnisse

This study aims to examine Al-Thaba'thabaí 's thoughts on Mut'ah marriage and its relevance to family law in Indonesia. This research is a type of library research by descriptive-analytical approach. The primary data in this study are the Qur'an, Hadith, books by Al-Thaba'thabaí, the 1945 Constitution, Law Number 1 of 1974 concerning National Marriage Law, PP. Number 9 of 1975 as the implementing regulation of Law no. 1974, and INPRES No.1/1991 on the Compilation of Islamic Law (KHI). This study uses deductive thinking techniques and the data analysis uses maqashid sharia theory. The results show that Al-Thaba'thabaí 's thoughts on the permissibility of Mut'ah Marriages are not relevant to the purpose of marriage and the purpose of making legislation. As the purpose of making the law is the value of justice, usefulness, and legal certainty, besides the law is also made to create benefit in society. Al-Thaba'thabaí's thought regarding Mut'ah Marriage must be rejected because it violates the values of the legal objectives, namely justice, benefit, and legal certainty, and also harms the values of benefit. To provide firmness to prohibit the practice of mut'ah marriage in Indonesia, it is necessary to amend Article 2 of Law Number 1 of 1974 concerning Marriage to "a legal marriage is carried out following their respective religions and registered following the legislation. invitation".

The purpose of this study was to analyze the reasons why female civil servants were prohibited from becoming second, third and fourth wives based on Government Regulation Number 45 of 1990; and to analyze based on Islamic family law against the prohibition of female civil servants to become second, third and fourth wives based on Government Regulation Number 45 of 1990. The results of this study are the Prohibition of Women Civil Servants from becoming the third and fourth second wife is a preventive measure to prevent women who are civil servants from disputes in the family, prevent women from psychological pressure caused by polygamy has an impact on changing attitudes so that can interfere with their performance as a civil servant, to prevent children from psychological pressure that results in children's future growth, and protect the rights of wives and children regarding civilization in the event of a divorce in a polygamous marriage which can harm a woman with a civil servant status and result in imperfect rights support the child. The prohibition of women who are civil servants from becoming the second third and fourth wives in Government Regulation Number 45 of 1990 is in accordance with the maqashid sharia, namely to protect the soul (hifdz nafas) and protect the offspring (hifdz nasl), namely to protect children from the consequences If a civil servant woman becomes a polygamous wife