Basharahil, Mohammad Faris (2023) Tinjauan Hukum Islam Tentang Perlindungan Hukum Seorang Wanita Yang Dinikahi Secara Siri Oleh Seorang Laki-Laki Yang Sudah Memiliki Istri Yang Sah. Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
Marriage is a physical and spiritual bond between a man and a woman that is institutionalized in one strong institution, and is recognized both religiously and legally. However, many people carry out marriages in unregistered ways or only in accordance with religious provisions, which raises questions regarding the guarantee of legal protection for women who are married in unregistered ways and the status of children born from such unregistered marriages because in the case of unregistered marriages it is polygamous. Based on the description above, there are 2 research objectives in this study, namely: first to find out the rights of a wife who is married in an unregistered manner by a man who has a wife legally in terms of Islamic law and to find out the status of children from unregistered marriages produced by men - men who have legal wives in terms of Islamic law. The methodology used in this study uses a quantitative and juridical-normative approach as the type of this research. Data collection was carried out by means of a literature study. Data analysis was performed using qualitative descriptive data analysis. The results of the study show that legal protection for women who are married in an unregistered manner by men who already have legal wives when viewed from Islamic law certainly has less strong legal force because the recompense for men who do not treat their wives fairly will not necessarily be immediately reciprocated by Allah SWT, then the solution is to do isbat marriage. By carrying out a marriage certificate, it will certainly strengthen the rights of the wife, as well as being able to find the status of children born from unregistered marriages legally.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) K Law > KD England and Wales K Law > KD England and Wales > KDC Scotland K Law > KF United States Federal Law K Law > KZ Law of Nations |
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| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | LAW Mohammad Basharahil | ||||||||
| Date Deposited: | 27 Jul 2023 03:48 | ||||||||
| Last Modified: | 27 Jul 2023 03:48 | ||||||||
| URI: | http://repository.upnjatim.ac.id/id/eprint/16534 |
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