Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application
This study explores integrative legal protection strategies for wives and children, bridging normative and sociological perspectives, in the face of Isbat Nikah application rejections. This strategy is essential because it is motivated by the facts in the field, namely that many Isbat Nikah are not...
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| Format: | Article |
| Language: | Indonesian |
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Universitas Islam Negeri Raden Fatah
2024-12-01
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| Series: | Nurani |
| Subjects: | |
| Online Access: | https://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/24748 |
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| author | Abdul Jalil Abdul Haq Syawqi M. Haris Hidayatulloh Umi Supraptiningsih Cut Linda Marheni |
| author_facet | Abdul Jalil Abdul Haq Syawqi M. Haris Hidayatulloh Umi Supraptiningsih Cut Linda Marheni |
| author_sort | Abdul Jalil |
| collection | DOAJ |
| description | This study explores integrative legal protection strategies for wives and children, bridging normative and sociological perspectives, in the face of Isbat Nikah application rejections. This strategy is essential because it is motivated by the facts in the field, namely that many Isbat Nikah are not registered and have legal consequences. This study uses a qualitative approach; this empirical study is drawn from observation data and interviews with judges and clerks in three religious courts (PA) in East Java, namely in Pamekasan, Probolinggo, and Pasuruan Districts. The data was further enriched by comparing it with document and literature studies, then analyzed using descriptive techniques. This article finds that the legal protection of wives and children due to the rejection of Isbat Nikah applications is to apply an integrative normative-sociological strategy. Normatively, the way that can be taken is by integrating several aspects such as aspects of the law, law enforcement, and facilities or facilities that can support the application of law, such as human resources and sophisticated tools such as tools to find out a person's DNA. Meanwhile, sociologically, two aspects of social problems are crucial to carrying out an integrated improvement strategy, namely aspects such as aspects of a religious-type society and a negative patriarchal culture. Religious communities often exhibit a strong susceptibility to dependence on religious guidance. |
| format | Article |
| id | doaj-art-b5f24209b69b4bf1a811d192e2e29335 |
| institution | Kabale University |
| issn | 1693-8437 2460-9102 |
| language | Indonesian |
| publishDate | 2024-12-01 |
| publisher | Universitas Islam Negeri Raden Fatah |
| record_format | Article |
| series | Nurani |
| spelling | doaj-art-b5f24209b69b4bf1a811d192e2e293352025-02-12T03:19:07ZindUniversitas Islam Negeri Raden FatahNurani1693-84372460-91022024-12-0124249150510.19109/nurani.v24i2.2474821865Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat ApplicationAbdul Jalil0Abdul Haq Syawqi1M. Haris Hidayatulloh2Umi Supraptiningsih3Cut Linda Marheni4Institut Agama Islam Negeri Madura, IndonesiaInstitut Agama Islam Negeri Madura, IndonesiaInstitut Agama Islam Negeri Madura, IndonesiaInstitut Agama Islam Negeri Madura, IndonesiaGriffith University, AustraliaThis study explores integrative legal protection strategies for wives and children, bridging normative and sociological perspectives, in the face of Isbat Nikah application rejections. This strategy is essential because it is motivated by the facts in the field, namely that many Isbat Nikah are not registered and have legal consequences. This study uses a qualitative approach; this empirical study is drawn from observation data and interviews with judges and clerks in three religious courts (PA) in East Java, namely in Pamekasan, Probolinggo, and Pasuruan Districts. The data was further enriched by comparing it with document and literature studies, then analyzed using descriptive techniques. This article finds that the legal protection of wives and children due to the rejection of Isbat Nikah applications is to apply an integrative normative-sociological strategy. Normatively, the way that can be taken is by integrating several aspects such as aspects of the law, law enforcement, and facilities or facilities that can support the application of law, such as human resources and sophisticated tools such as tools to find out a person's DNA. Meanwhile, sociologically, two aspects of social problems are crucial to carrying out an integrated improvement strategy, namely aspects such as aspects of a religious-type society and a negative patriarchal culture. Religious communities often exhibit a strong susceptibility to dependence on religious guidance.https://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/24748legal protection strategymarriage validationmarriage isbat |
| spellingShingle | Abdul Jalil Abdul Haq Syawqi M. Haris Hidayatulloh Umi Supraptiningsih Cut Linda Marheni Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application Nurani legal protection strategy marriage validation marriage isbat |
| title | Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application |
| title_full | Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application |
| title_fullStr | Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application |
| title_full_unstemmed | Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application |
| title_short | Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application |
| title_sort | integrating legal protection strategies for wife and children due to rejection of marriage isbat application |
| topic | legal protection strategy marriage validation marriage isbat |
| url | https://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/24748 |
| work_keys_str_mv | AT abduljalil integratinglegalprotectionstrategiesforwifeandchildrenduetorejectionofmarriageisbatapplication AT abdulhaqsyawqi integratinglegalprotectionstrategiesforwifeandchildrenduetorejectionofmarriageisbatapplication AT mharishidayatulloh integratinglegalprotectionstrategiesforwifeandchildrenduetorejectionofmarriageisbatapplication AT umisupraptiningsih integratinglegalprotectionstrategiesforwifeandchildrenduetorejectionofmarriageisbatapplication AT cutlindamarheni integratinglegalprotectionstrategiesforwifeandchildrenduetorejectionofmarriageisbatapplication |