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IMPLEMETASI HUKUM KELUARGA ISLAM PADA UNDANG-UNDANG PERKAWINAN DI INDONESIA MENGENAI HAK MEMILIH PASANGAN BAGI PEREMPUAN

Authors

  • Arif Sugitanata Universitas Islam Negeri Sunan Kalijaga Yogyakarta
  • Suud Sarim Karimullah Gümüşhane üniversitesi ,

DOI:

https://doi.org/10.32332/jsga.v5i01.6536

Keywords:

Hukum Keluarga Islam, Undang-Undang Perkawinan, Hak Memilih Pasangan

Abstract

This paper discusses the implementation of Islamic family law in Indonesia's marriage law regarding the right to choose a partner for women with the main problem explaining how the interrelationships of the values ​​of Islamic family law are absorbed in Indonesian laws. Utilizing a literature study whose primary data sources come from books, journals and statutes, this research finds that Indonesia, as a country known for its Muslim majority and having many ethnicities and cultures, also adopts the principles of equality in Islam implemented in Marriage Law No. 1 of 1974 is included in the realm of choosing a mate for women. As stipulated in UUP No. 1 of 1974 concerning the conditions for marriage regulated in Article 6 Paragraph 1, namely that there must be the consent of the bride, meaning that the woman is willing to be married by a man who wants to marry her without any coercion. What is contained in Article 6 Paragraph 1 UUP No. 1 of 1974 is in line with the mission of Islam, namely the principle of equality for women. This aims to build a happy and eternal household and of course in line with human rights.

Published

2023-05-02

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