Practices Of Understanding Marriage And Divorce And Its Legal Consequences On Guardianity, Parenting Of Children, And Distribution Of Assets

10.2478/bjlp-2022-002136

Abstract

It is natural that humans from birth into the world always have a tendency to live together with other humans in an association of life between a man and a woman who have met these requirements which is called marriage. Marriage is a bond that gives birth to a family as an element in social and state life which is regulated by legal rules, both written (state law) and unwritten (customary law). As a form of anticipation of the possibility of marriage failure, the prospective husband and wife must of course prepare for marriage as thoroughly as possible in the face of a marriage is to enter into a marriage agreement which can be used as a legal means to maintain and protect the rights and obligations of both husband and wife so that they run well when marriage in progress. Based on the research background above, the identification in this study is as follows: 1). what are the factors that influence the prevalence of Underhanded Marriage and Divorce without considering the Legal Consequences by the Actors? 2). what are the next steps in responding to the rise of Underhand Marriage and Divorce so that they can be minimized? In accordance with the background and identification of the problem, the objectives of this study are: 1). to find and analyze the factors that influence the prevalence of Underhand Marriage and Divorce without considering the Legal Consequences by the Actors. 2). to find and analyze future steps in responding to the rise of Marriage and Divorce under the Hand so that they can be minimized. This research approach is a qualitative approach. The qualitative approach is more based on a phenomenological philosophy that prioritizes appreciation (verstehen), the qualitative method seeks to understand and interpret the meaning of an event of human behavior interaction in certain situations according to the researcher's own perspective, in this study the researcher tries to describe the factors that encourage people to believe more towards the science of fiqh rather than positive law or legislation. The result of the research is that the divorce handed down by the husband to his wife is legal, although Allah condemns the actions of someone who divorces, in carrying out the life of a husband and wife there may be misunderstandings between husband and wife, one or both of them do not carry out their obligations, do not trust each other. Divorce that is not in accordance with the procedure will have consequences, namely it is not recognized by law and is not protected by law, a divorce that is carried out outside the court will cause difficulties for the wife, or both (husband and wife), the divorce must be before a court hearing, as in Article 39 of the UUP Paragraph (1) of the UUP : Divorce can only be carried out in front of a Court Session after the relevant Court has tried and failed to reconcile the two parties.