STATUS HUKUM PERKAWINAN WANITA DARI SUAMI MAFQUD DAN ANAK DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

Anam, Choirul (2006) STATUS HUKUM PERKAWINAN WANITA DARI SUAMI MAFQUD DAN ANAK DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF. Other thesis, University of Muhammadiyah Malang.

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Abstract

At the first time, the marriage is forever, but sometimes there are some causes which can make the marriage cannot be continued and there will be divorce between wife and husband. It’s because some things, for example financial problem in house hold. Because of this thing, it caused the husband go abroad and leave his family to be Indonesian labor force to earn money and fulfill the daily needs. Based on this fact, there will be new problems in house hold for example the wife wants to divorce and marry again, even from the new husband, she has children and for the next years her old husband back and wants to claim the marriage, so it can caused new problems a bout marriage law status and also the children law status. Based on that problem, the writer inters to write the research the title “Woman Marriage and Children Law Status from the Lost / Mafqud Husband in the Perspective of Islam and Positive Law. In this research the writer uses juridical normative approach which can hope to rise up the quality of objectivity of this research. The method used by the writer is juridical comparative approach in which the writer do is compare about two different points of view between Islam Law and Positive Law. To collect the data, the technique use in library research in which the writer emphasize in how Islam Law in Positive Law concern on marriage Law status of woman from the lost / mafqud husband and children law status. And for this research, the writer used descriptive analysis technique to get such illustration about researched object and the analysis it. This method is a technique to make a conclusion by identify for detail about the characteristic of the implied content objectively and systematically. After Islam Law and Positive Law and The Fact to get the problem solver. From the research, It can be known both Islam Law and Positive Law Considered the marriage between the woman and the lost / Mafqud husband is legal as long as that marriage already fulfill the rules that determined by Islam Law experts and the exits rules. Whereas, when the Lost / Mafqud husband is back, so in Islam Law there are some opinions from different fiqih experts, while in positive law state that the lost / Mafqud husband doesn’t have any rights to a husband because the court had broken off the marriage. And about the children law status who had born from the Lost / Mafqud husband woman is legal from both Islam Law and Positive Law. It is from the legacy of parent’s marriage.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 02 Jun 2012 02:48
Last Modified: 02 Jun 2012 02:48
URI: http://eprints.umm.ac.id/id/eprint/6382

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