Berakhirnya Pernikahan di Indonesia dan Dampaknya Terhadap Hukum Islam dan Hukum Positif

the dissolution of a marriage or marriage is a complex event that has significant legal meaning, both from the perspective of Islamic law and positive law in Indonesia. In Islam, divorce is seen as a last resort that is not recommended, but is still recognized as a reality. The aim of this research is to examine and understand Munakahat fiqh which discusses the breakdown of marriage and the consequences it causes. The method used in this research is a qualitative method with a literature review. The main source of information is obtained from reading materials, namely books, magazines and related articles. The results of this research conclude that the dissolution of marriage in Islamic law means that divorce processes such as talak, fasakh, or khul' must be regulated with full justice, decency and prudence. Both parties must obtain their rights in a fair manner, including property rights, maintenance and child care. The importance of maintaining family unity and avoiding divorce except in circumstances that really need to be emphasized in Islamic teachings. In addition, Islamic law encourages peaceful resolution of conflicts and solutions that respect the rights of all parties involved. By understanding the relevant principles of Islamic law and seeking guidance from qualified clerics and legal experts, Muslims can handle the dissolution of marriage wisely, prioritizing mutual welfare, and maintaining the moral and ethical values ​​taught by the Islamic religion.

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Publication Details

Journal
Nian Tana Sikka Jurnal ilmiah Mahasiswa
Published
2024-12-12
DOI
https://doi.org/10.59603/niantanasikka.v3i1.604
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Berakhirnya Pernikahan di Indonesia dan Dampaknya Terhadap Hukum Islam dan Hukum Positif

Hafifa Hafifa, Wismanto Wismanto, Elvita Sarah Azzahra, Fajri Masaid
Nian Tana Sikka Jurnal ilmiah Mahasiswa
Marriage and Family Dynamics
article

Berakhirnya Pernikahan di Indonesia dan Dampaknya Terhadap Hukum Islam dan Hukum Positif

Hafifa Hafifa, Wismanto Wismanto, Elvita Sarah Azzahra, Fajri Masaid
article en

Abstract

the dissolution of a marriage or marriage is a complex event that has significant legal meaning, both from the perspective of Islamic law and positive law in Indonesia. In Islam, divorce is seen as a last resort that is not recommended, but is still recognized as a reality. The aim of this research is to examine and understand Munakahat fiqh which discusses the breakdown of marriage and the consequences it causes. The method used in this research is a qualitative method with a literature review. The main source of information is obtained from reading materials, namely books, magazines and related articles. The results of this research conclude that the dissolution of marriage in Islamic law means that divorce processes such as talak, fasakh, or khul' must be regulated with full justice, decency and prudence. Both parties must obtain their rights in a fair manner, including property rights, maintenance and child care. The importance of maintaining family unity and avoiding divorce except in circumstances that really need to be emphasized in Islamic teachings. In addition, Islamic law encourages peaceful resolution of conflicts and solutions that respect the rights of all parties involved. By understanding the relevant principles of Islamic law and seeking guidance from qualified clerics and legal experts, Muslims can handle the dissolution of marriage wisely, prioritizing mutual welfare, and maintaining the moral and ethical values ​​taught by the Islamic religion.

Nian Tana Sikka Jurnal ilmiah MahasiswaVol. 3(1)
Universitas Muhammadiyah Riau (ID)
Openalex Percentile: Top 59%
Marriage and Family Dynamics
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