Domestic Violence as a Consequence of Nusyuz Under the Islamic Law and Legislation of Indonesia

Zuhdi, Syaifuddin; Kuswardani,; Prakosa, Andria Luhur; Kurnianingsih, Marisa; Astuti, Widi; Rahman, Rozanah Ab

doi:10.18510/hssr.2019.7240

Cited by 5 publications

(4 citation statements)

References 3 publications

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“…But man can only try, but God determines fortune, and man must sincerely accept God's provision. The form of sincerity in accepting Allah's provisions is the meaning of faith, with qadha and qadar as the sixth pillar of faith (Zuhdi et al, 2019).…”

Section: Results and Discussion The Strategic Rarity Of Religious Dev...mentioning

confidence: 99%

Coaching Strategies to Improve Religious Understanding For Muallaf

Tasbih,

Asiqah Usman Ali,

Saidah A.H

2023

INFSL3

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This study aims to explore coaching strategies to improve religious understanding for muallaf. The research uses qualitative techniques with main data collection techniques through FGDs, observations, interviews, and documentation. The research was conducted in Kampung Muallaf, Betteng Village, Lembang District, Pinrang Regency, South Sulawesi Province. The data are analyzed qualitatively using classification based on emerging problems. The results showed that the muallaf coaching strategy in Betteng Village was appropriate. Some of the steps taken are in physical form, and some are in non-physical form. The physical form is the manufacture of several facilities and infrastructure, while the nonphysical form is the form of deepening the pillars of faith and the pillars of Islam. The inhibiting factors for Kampung Muallaf in Betteng Village are the lack of Islamic extension personnel and extreme road access resulting in a lack of frequent meetings. Therefore,it is recommended that the government increase the energy of Islamic Extension workers and improve the means of transportation to make it easier to carry out guidance. The main contribution of this research is to be a piece of information about the concrete steps of religious formation. These measures can be used as a pilot in fostering muallaf elsewhere.

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Section: Results and Discussion The Strategic Rarity Of Religious Dev...mentioning

confidence: 99%

Coaching Strategies to Improve Religious Understanding For Muallaf

Tasbih,

Asiqah Usman Ali,

Saidah A.H

2023

INFSL3

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“…Furthermore, the use of judges' interpretations and the rules of Islamic law are as follows: Article 152 of the KHI it is explained that the wife or ex-wife is not entitled to the iddah of her husband if she is nusyuz. In language, nusyuz comes from the word an-nasyz or annasyaaz which means a high place or the disobedient attitude of one of the husband and wife or a change in the attitude of the husband or wife (Zuhdi et al, 2019). In its use, Nusyuz in terms can be interpreted as the wife's actions which can be interpreted as opposing or stubbornly against the husband's will which does not conflict with religious law (Chintya, 2018), therefore the attitude of denying when advised is the same as disobeying her husband or Nusyuz and the wife has no right for his iddah.…”

Section: B Legal Reasoning Kangean Religious Court Judge In Divorcing...mentioning

confidence: 99%

DIVORCE IN KANGEAN ISLANDS: The Study on Judge's Legal Reasoning of Kangean Religious Court, 2020-2022

et al. 2023

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Purpose of the study: This article aims to find out how the divorce conditions in the Kangean Islands are and to see how the factors that influence it and the legal reasoning used by the judge in deciding the divorce case. Methods: the method used in this study is a normative juridical method with a decision approach, the data used is secondary data, namely the decisions of the religious courts in 2020-2022, which every year 30% of the decisions are taken, the data are analyzed descriptively Results: From the research conducted, it was found that the majority of divorces in Kangean Island were carried out by a contested divorce mechanism, while the factors behind the majority were due to disputes, then followed by economic factors, legal reasoning judges were divided into empathy, namely the use of legal norms, conformity between facts and norms. , interpretation of problems and norms, as well as the use of the rules of Islamic law in its legal opinion Applications of this study: This article is useful to support research on divorce and legal opinions, especially on Kangean Island and Indonesia in general Novelty: The novelty of this research is that there are still very few people doing research on the Kangean Islands, as well as the discovery of several legal reasoning concepts for judges at the Kangean Religious Court. ABSTRAK Tujuan Penelitian: Artikel ini bertujuan untuk mengetahui bagaimana kondisi perceraian di Kepulauan Kangean dan melihat bagaimana faktor-faktor yang mempengaruhinya serta alasan hukum yang digunakan hakim dalam memutus perkara perceraian. Metode : Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatan putusan, data yang digunakan adalah data sekunder yaitu putusan pengadilan agama tahun 2020-2022 yang setiap tahun diambil 30% putusannya, data tersebut dianalisis secara deskriptif Hasil: Dari penelitian yang dilakukan diketahui bahwa mayoritas perceraian di Pulau Kangean dilakukan dengan mekanisme cerai gugat, sedangkan faktor penyebab mayoritas adalah karena perselisihan, kemudian disusul faktor ekonomi, pertimbangan hukum hakim terbagi menjadi empati, yaitu penggunaan norma hukum, kesesuaian antara fakta dan norma. , interpretasi masalah dan norma, serta penggunaan aturan hukum Islam dalam opini hukumnya Aplikasi penelitian ini: Artikel ini bermanfaat untuk mendukung penelitian tentang perceraian dan opini hukum khususnya di Pulau Kangean dan Indonesia pada umumnya Kebaruan: Kebaruan dari penelitian ini adalah masih sedikitnya orang yang melakukan penelitian di Kepulauan Kangean, serta ditemukannya beberapa konsep penalaran hukum bagi hakim di Pengadilan Agama Kangean.

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“…The fact is often the men give information with a variety of motives tang in his testimony so as not to blame (Leisring & Grigorian, 2016). According to Zuhdi (Zuhdi et al, 2019), that domestic violence can also be caused by Nushuz, so that the participation of families, communities and government is needed, to increase the supervision of children as a young generation so that the number of early marriages in Indonesia can be reduced.…”

Section: Domestic Violence Referred To In Law Number 23 Of 2004 Concerning the Eliminationmentioning

confidence: 99%

Early Wedding Polemic and The Impact of The Domestic Violence

Supriyanto

Eleanora

2020

LAJ

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Early marriages are increasingly prevalent and the causes are diverse, due to economic problems, promiscuity, and unpreparedness the couple take responsibility for supporting families, the impact on domestic violence, where can include due to physical violence causing injuries body, bruising or serious injury, psychic can be interpreted as cussing, glaring at causing self-esteem and mental decline, sexually interpreted to have sexual relations or rape marriage, and neglect the household and not provide for than five to ten years in a row -According and leave without breaking news. The purpose this research find the polemic of early marriage to domestic violence based on impact and consequences, the research method used is normative jurisdiction where this method refers to literature, namely by examining the literature or legislation relating to the problem under study. The results this study indicate that early marriage causes domestic violence because is triggered the impact high emotional, mental, psychological, causing violence in the domestic sphere, not only to women but also children who should receive protection and affection from parents but become victims, and Another impact is child traumatized and difficult to forget the dark events his life, because the child feels he become a victim his family.

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Domestic Violence as a Consequence of Nusyuz Under the Islamic Law and Legislation of Indonesia

Cited by 5 publications

References 3 publications

Coaching Strategies to Improve Religious Understanding For Muallaf

Coaching Strategies to Improve Religious Understanding For Muallaf

DIVORCE IN KANGEAN ISLANDS: The Study on Judge's Legal Reasoning of Kangean Religious Court, 2020-2022

Early Wedding Polemic and The Impact of The Domestic Violence

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