Adyan Dhio Akhdany
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Analysis of the Validity and Legal Implications of Siri Marriage on the Rights of Wives and Children Kafka Nafisa Firman; Adyan Dhio Akhdany; Rizky Syahrul Ramadhan
ALSYS Vol 6 No 1 (2026): JANUARI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/alsys.v6i1.8647

Abstract

This study examines the legal dualism of nikah siri (unregistered Islamic marriages) in Indonesia, in which unions are considered valid under sharia by fulfilling pillars such as ijab qabul, wali, witnesses, and mahr, but lack state recognition due to non-registration as mandated by Law No. 1/1974 on Marriage and the Kompilasi Hukum Islam (KHI). Drawing from Qur’anic principles (e.g., Al-Baqarah 2:30; Ar-Rum 30:21) and the context of national pluralism, the study highlights the vulnerability of wives and children who are frequently denied inheritance, maintenance, birth certificates, and broader social protection, as reflected in 28,000 detected cases during 2020–2023 that resulted in approximately 1.5 million unregistered children. Employing a qualitative descriptive case study design, the research uses primary data obtained through in-depth semi-structured interviews with ustaz officiants and triangulates these findings with secondary sources, including fiqh texts, legislation, and prior empirical studies. The findings reveal recurrent sharia defects, such as the absence of a guardian of nasab and unqualified witnesses that render some unions religiously invalid and inclined toward adultery, while deficiencies in state regulation and implementation further entrench gender discrimination and child poverty. Constitutional Court Decision No. 46/PUU-VIII/2010 provides a legal avenue to establish civil ties through evidentiary proceedings, yet marriage isbat (court validation) functions primarily as a remedial mechanism for unions formed before 2015. The analysis underscores persistent tensions between religious legitimacy and civil certainty and concludes that harmonizing maqasid sharia with national law through streamlined digital registration at the Office of Religious Affairs (KUA), retrospective isbat campaigns, and strengthened fiqh education is essential to safeguarding family stability and promoting sakinah mawaddah warahmah.
Rethinking the Islamic Education Curriculum: A Sociological Review Adyan Dhio Akhdany; Rafli Hidayat; Muhammad Abdullah Darraz
ALSYS Vol 6 No 4 (2026): JULI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/alsys.v6i4.11144

Abstract

This study examines the sociological foundations and transformative imperatives of the Islamic Education (Pendidikan Agama Islam/PAI) curriculum in Indonesia. Using a systematic literature review of theoretical and empirical sources, this study explores how sociological principles, including culture, social structure, and community needs, shape curriculum design and implementation amid rapid social, technological, and cultural change. The analysis identifies Industry 4.0, digital disruption, and the persistent dichotomy between religious and secular knowledge as major drivers of curriculum renewal, while national reforms such as the Independent Curriculum (Kurikulum Merdeka) and emerging models such as the Love-Based Curriculum (Kurikulum Berbasis Cinta/KBC) provide strategic opportunities for transformation. The findings indicate that a sociologically informed PAI curriculum can strengthen epistemological integration, wasathiyah moderation, and contextualized character education by connecting religious texts with contemporary social issues, promoting community engagement, and embedding ICT and digital literacy. However, implementation remains constrained by uneven educator digital competence, infrastructure disparities, and limited integration of Islamic values into digital learning content. This study concludes that PAI curriculum transformation should prioritize interdisciplinary thematic instruction, authentic assessment, and partnerships among schools, families, and communities to produce graduates who are ethically grounded, socially responsible, and technologically competent. The study contributes to the discourse on Islamic education reform by proposing a dynamic and integrative PAI curriculum that reconciles tradition and modernity, enhances educational relevance, strengthens social cohesion, and supports the formation of moral and civic-minded citizens capable of addressing twenty-first-century challenges.