Islamic triangle concept of marital age: Indonesian experience

Muhammadi, Fauzan; Wulandari, Eva; Susanto, Muhammad Hajir

doi:10.22219/ljih.v29i2.14162

Cited by 5 publications

(5 citation statements)

References 19 publications

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“…The Convention signalled out Article 16 on matters relating to marriage and family relations, stipulating that state parties shall adopt all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and shall, in particular, ensure, based on equality between men and women, the right to enter into marriage among other rights (Arinda Putri.J et al, 2023). This Article refers to the quality in marriage matters (Muhammadi et al, 2021) such as the right to enter into marriage, rights in the marriage contract, and the responsibilities during marriage and its dissolution, rights regarding choosing a family name and the disposition of property and other aspects that may not be compatible with what some nations are accustomed to. Article 16 is one of the most related Articles to the Islamic Sharia Law texts due to its relation to family, marriage, divorce and Sharia rulings.…”

Section: Resultsmentioning

confidence: 99%

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Aghbari,

Hassan,

Mamari

et al. 2024

LJIH

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The Sultanate of Oman has acceded to CEDAW in 2005. However, Oman has reservations about a few articles of the said Convention because some of its provisions conflict with Islamic Sharia or Oman's national laws, including Article 16 of CEDAW. Therefore, the objective of this article is to critically analyse Article 16 of CEDAW and the extent to which Oman Personal Status Law addresses marriage and divorce-related issues is compatible or in conflict with the Convention. To accomplish this objective, the research employs doctrinal legal research and an analytical approach to examine the texts of the Convention and their Omani equivalents. The analysis revealed that the courts could enforce the articles of CEDAW to assert rights, except for the provisions that Oman expressed reservations about. Oman has reservations regarding several features outlined in Article 16 of the aforementioned Convention, as they conflict with Islamic Law. The study highlights that the Convention effectively governs certain areas that promote gender equality in family matters, including stipulating that a woman's permission is necessary for marriage and her entitlement to dissolve the marital union by divorce or khulu' under appropriate circumstances. In addition, Oman effectively implements certain provisions of the Convention to strengthen women's rights by modifying domestic legislation. In conclusion, the Oman National Law is consistent with the CEDAW, except for the State's reservations concerning the implementation of Article 16 of the aforementioned Convention.

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Section: Resultsmentioning

confidence: 99%

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Aghbari,

Hassan,

Mamari

et al. 2024

LJIH

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“…In a democratic country, the concept of national security should not be clearly defined and detailed. Of course, this is also the case with the [17,18] regarding the state of emergency. Furthermore, of course again, it will depend on the good will of the government in this case the President as the ruler of the state emergency in implementing it.…”

Section: The Future Of the State Of Emergency In Indonesiamentioning

confidence: 91%

The State of Emergency in Indonesia. A Great Lesson from the Covid-19 Pandemic

Siwu

Rahman

2022

KSS

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The Covid-19 pandemic is interpreted by the President as a public health emergency (KEPPRES No. 12 of 2020). None of those declarations refers to either Article 12 or Article 22 of the 1945 Constitution of the Republic of Indonesia, although the situation (de facto) meets all the criteria of a state of emergency. On behalf of justice, normal law shall be applied in a normal situation, while in an abnormal situation, an abnormal law shall be applied. Regarding that issue, this paper investigates these three questions: i) why is the state of emergency not applied in the time of Covid-19? ii) how to measure the scale of the emergency of Covid-19 pandemic from the perspective of the state of emergency? iii) how should the law of the state of emergency in Indonesia overcome the situation in the future? These questions would be discussed on the level of legal philosophy using legal politics approach, statutory approach, conceptual approach, theoretical approach, and comparative approach. The main principle is solus populi suprema lex. It should be implemented properly. The results of this study indicate and explain that the state emergency law must adhere to the concept of people’s security is state security. In addition, state emergency laws must be anticipatory to new and very diverse developments and forms of danger. Keywords: state of emergency, political legal dimension, future legal framework, legal reform

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“…The prerequisite for maturation, both physically and emotionally, is emphasised for prospective spouses, necessitating their participation in pre-marital courses (Hakim, 2016;Hakim et al, 2020). Furthermore, the state has elevated the minimum age for marriage to 19 for men and women, up from 16 for women (Nugraha, Izzaty and Putri, 2019;Muhammadi, Wulandari and Susanto, 2021;Rohman et al, 2023). State law concurrently upholds equal rights and status for both spouses while instituting stringent measures for divorce (Marriage Law number 1 of 1974, General Explanation).…”

Section: Concordance Between Customary Law and State Lawmentioning

confidence: 99%

Exploring the monogamy principle in the Samin community’s customary marriages in Kudus: Harmonisation of tradition and state law

Iman,

Tedi Kholiludin,

Muhammad Lutfi Hakim

et al. 2024

Ijtihad

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This article explores the practice of monogamy in customary marriage within the Samin community in Larikrejo Village, Kudus, rooted in the principle of “bojo siji kangge saklawase”. The uniqueness of this customary marriage practice is evident in the reflection of the values of Samin society, passed down through generations by their ancestors. Its significance becomes more pronounced considering the prevalence of polygamous practices in customary marriages across various regions of Indonesia. Despite the allowance of polygamy within certain limits by state law, the Samin community chooses to uphold their customary marriage traditions. This article presents the findings of field research involving four key informants and direct observations of customary marriage practices as the primary source. The research reveals that the practice of monogamy within Samin community marriages reflects the embodiment of the “bojo siji kangge saklawase” principle, manifested through a solemn pledge to one wife made by prospective grooms during the paseksen stage, the final step in the customary marriage ceremony following nyumuk (betrothal) and pasuwitan (marriage contract). The obligation to make this pledge aims to prevent potential conflicts within Samin families. This monogamous practice aligns with the principles of monogamy and the objectives of marriage in state law, creating harmony and stability within the family institution. This study provides in-depth insights into the unique relationship between local values and state regulations amidst the challenges of modernization and ongoing social changes.

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Islamic triangle concept of marital age: Indonesian experience

Cited by 5 publications

References 19 publications

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

The State of Emergency in Indonesia. A Great Lesson from the Covid-19 Pandemic

Exploring the monogamy principle in the Samin community’s customary marriages in Kudus: Harmonisation of tradition and state law

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