KEABSAHAN BAPAK TIRI SEBAGAI WALI NIKAH MENURUT ASPEK HUKUM ISLAM DAN HUKUM POSITIF (Studi Kasus di Kelurahan Tlogomas – Kota Malang)

NURAINI, NURAINI (2008) KEABSAHAN BAPAK TIRI SEBAGAI WALI NIKAH MENURUT ASPEK HUKUM ISLAM DAN HUKUM POSITIF (Studi Kasus di Kelurahan Tlogomas – Kota Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

In marriage case with stepfather become the guardian in marriage, showing that anyone could be guardian in marriage as long he fulfilled the requirement necessary. The shift of guardian in a marriage had caused by background of some issues happening concurrently. This experiment had problems formulation: 1. What is the legality of a marriage with stepfather as guardian while the birthfather still alive? 2. What is the law consequence of a marriage that not having birthfather as guardian? This experiment had used sociological judiciary approach method, data obtained technique has been done using interview with respondent/bride and groom parties, marriage guardian (bride's guardian) and Marriage Recording Official (Pegawai Pencatat Nikah) also observation using observing technique to marriage implementation as primary data and the results would be analyzed descriptively. The results showed that the shift factors of guardian would comprise of: A. Birthfather didn't give affection since the child was still unborn. B. Birthfather didn't give money to his child after the child was born. C. Birthfather feels that the one who had the rights to be guardian would be his/her stepfather, because stepfather had been fostering the child since the child was 2 year old. The time birthfather decided to divorce was when the child still months old. With a few the reason hence Birthfather to deliver its trusteeship to Stepfather, besides also there is direct indicator of more wishing bride of Birthfather to become sponsor of its marriage. The conclusion, changing over of it a trusteeship which is delivery conducted verbally from Birtfather to Stepfather can make its cancelation of marriage if the marriage assumed by law handicap. But if in the reality there no problem hence arising out hence marriage remain to be held true.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 21 Jun 2012 03:35
Last Modified: 21 Jun 2012 03:35
URI: http://eprints.umm.ac.id/id/eprint/8884

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