Child Marriages: International Laws and Islamic Laws Perspective

Ullah, Nazir; Aziz, Saidatul Nadia Binti Abd; Idrees, Rao Qasim

doi:10.36941/jesr-2021-0051

Cited by 4 publications

(5 citation statements)

References 1 publication

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“…32 In Article 16, paragraph 2, the CEDAW Committee emphasizes the shared obligations of both spouses in a union, emphasizing that marriage requires maturity and the capacity to act responsively. 33 Numerous global regulations emphasize protecting personal liberties in Marriage and family matters. These principles encourage the complete and unrestricted agreement of both parties.…”

Section: International Rules Of Marriage and Their Relation To Misyar...mentioning

confidence: 99%

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

Arinda Putri.J,

Radhi Anadi,

Deuraseh

2023

J-FSH

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Misyar marriage is one of several Muslim terms in the Middle East. Due to the evolution of life and society, this marriage is a significant phenomenon in Islamic circles. Misyar marriage is performed by a man under the correct contract and conditions, where both parties must give up some rights that are incomparable with the conditions of other marriages Misyar marriage demands that women relinquish certain rights ordinarily associated with marriage, which raises concerns for human rights, particularly those governing discrimination against women. On the contrary, human rights uphold the values of rights and dignity regardless of gender, particularly for women who should receive the same treatment and rights as men, one of which is discussed in the conventions on eradicating all forms of discrimination against women and the rights of the child. This study examines the phenomenon of Misyar marriage through the lens of Islamic law and human rights, employing legal doctrinal or normative research methods, a statutory approach, and a historical perspective. The findings of this study indicated that Misyar marriage differs from other marriages and has a connection to human rights, particularly women's rights to marry. Some scholars believe that this Marriage is permissible and valid. However, according to the following opinion, Misyar marriage is prohibited. This is a violation of international law and not a violation of human rights because the conditions for marriage are not satisfied.

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Section: International Rules Of Marriage and Their Relation To Misyar...mentioning

confidence: 99%

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

Arinda Putri.J,

Radhi Anadi,

Deuraseh

2023

J-FSH

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“…Similarly, a 16-year-old girl is considered an adolescent if she has no signs of maturity, such as menstruation or other indicators of puberty. 12 Marriage before puberty (child marriage) is defined as "any marriage carried out below the age of 18 years, before the girl is physically, physiologically, and psychologically ready to bear the responsibilities of marriage." Child marriage, on the other hand, occurs when either one or both of the spouses are under the age of 18.…”

Section: Age Of Puberty and Marriage Before Puberty In Islamic Jurisp...mentioning

confidence: 99%

“…Muslim jurists provide their logical viewpoints on the topic of child marriage according to Islamic jurisprudence. 14 Among these jurists, Imam Abu Hanifa agrees that the father, brother, uncle, or grandfather of the girl may perform the marriage contract. They provide several examples of child marriage precedents to support their argument, including:…”

Section: Age Of Puberty and Marriage Before Puberty In Islamic Jurisp...mentioning

confidence: 99%

Women’s Right to Choose a Spouse: In the Hanafi School of Islamic Jurisprudence

Hemat

Sekandary

2022

AJL

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Introduction: According to the sacred provisions of Islamic sharia and the Hanafi School of Islamic jurisprudence (Madhab), a woman has the right to choose herself a spouse. When a woman becomes a widow, this right is given to her even more often because they know more. Purpose: The purpose of this research is to clarify the right of a woman to choose her spouse. It clarifies all the conditions and circumstances according to the Hanafi School, in which a woman can choose a spouse for herself. Methodology: The doctrinal research methodology and a descriptive, explanatory, and analytical research approach are used in this work. In this study, the rules and regulations of the Hanafi School of Islamic jurisprudence will be analyzed in detail to support the research study. It is worth mentioning that this part of the research is entirely based on library sources. References are mostly primary and secondary sources. The primary sources include the Afghan civil code and the secondary sources include jurisprudential textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. Findings: According to the Hanafi School of Islamic jurisprudence, a woman is not given the right to choose her husband in the pre-puberty stage. In the remaining two stages (the puberty stage and the stage of widowhood), a woman can choose her own spouse and no one can take that right away from her. Even if a guardian (Wali) marries a girl who is too young, the marriage can be ended when the girl reaches puberty. She can do this by taking the matter to the competent court. Unique contribution of theory and practice: Theoretically, this work is very useful in contributing to the existing body of literature of knowledge. Practically, this work identifies the circumstances in which a woman is allowed to choose her own spouse. Each and every woman will know her bona fide right to choose a husband. On the other hand, society will never force a woman to marry without her own consent.

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“…Thus, in simple termsQasmthat means it's the turn of the chance to spend the night. The legal system in Indonesia, especially regarding marriage, in this case Law Number 1 of 1974 and the Compilation of Islamic Law (Ullah et al, 2021) (KHI), adheres to the principle of monogamy, but its implementation is not absolute and is not a fixed price that cannot be negotiated. The law still tolerates and gives certain men the opportunity to have more than one wife (polygamy) under certain conditions.…”

Section: Introductionmentioning

confidence: 99%

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk)

Ameliah,

Songgirin,

Ahmed

2023

legalis

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Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.

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Child Marriages: International Laws and Islamic Laws Perspective

Cited by 4 publications

References 1 publication

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

The Phenomenon of Development Misyar Marriage from the Perspective of Islamic Law and Human Rights

Women’s Right to Choose a Spouse: In the Hanafi School of Islamic Jurisprudence

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk)

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