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All Journal Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal Syaikh Mudo Madlawan
Muhammad Iran Simbolon
Institut Agama Islam Edi Haryono Madani Riau
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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From Blessing to Coercion: Parental Authority in Choosing a Child Life Partner in Simpang Padang Perspective on Islamic Family Law Muhammad Iran Simbolon; Risalan Basri Harahap; Nining Afriani
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.15208

Abstract

One of the conditions for the legality of marriage according to the law in Indonesia is the consent of the two prospective brides. Forced marriage is a form of deviation from this principle and can be categorized as a form of violence against children, one of which is through the practice of forced matchmaking. This study aims to analyze the understanding of parental authority in the selection of children's life partners in the community of Simpang Padang Village, Bathin Solapan District, and to examine its conformity with the provisions of Islamic law and positive law. This type of research is an empirical legal research with a qualitative approach conducted on natural conditions through in-depth interviews with parents, children, community leaders, and village officials, and supported by documentation studies of relevant laws and regulations. The results of the study show that based on Article 6 of Law Number 1 of 1974 concerning Marriage, parents do not have the authority to force their children to determine their life partner, but only play a role in providing advice and consent for the benefit of the child. However, empirically, most parents in Simpang Padang Village do not fully understand the legal basis and purpose of the authority, because they view parental consent in child marriage as more of a customary and traditional obligation than a legal mechanism to protect immature children physically and psychologically. From the perspective of Islamic law, the practice of forced marriage is contrary to the principles of willingness (ridha), justice, and protection of the welfare of children, so it is necessary to increase legal understanding and public awareness so that the implementation of marriage is in line with sharia values and the provisions of laws and regulations.
From Blessing to Coercion: Parental Authority in Choosing a Child Life Partner in Simpang Padang Perspective on Islamic Family Law Muhammad Iran Simbolon; Risalan Basri Harahap; Nining Afriani
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.15208

Abstract

One of the conditions for the legality of marriage according to the law in Indonesia is the consent of the two prospective brides. Forced marriage is a form of deviation from this principle and can be categorized as a form of violence against children, one of which is through the practice of forced matchmaking. This study aims to analyze the understanding of parental authority in the selection of children's life partners in the community of Simpang Padang Village, Bathin Solapan District, and to examine its conformity with the provisions of Islamic law and positive law. This type of research is an empirical legal research with a qualitative approach conducted on natural conditions through in-depth interviews with parents, children, community leaders, and village officials, and supported by documentation studies of relevant laws and regulations. The results of the study show that based on Article 6 of Law Number 1 of 1974 concerning Marriage, parents do not have the authority to force their children to determine their life partner, but only play a role in providing advice and consent for the benefit of the child. However, empirically, most parents in Simpang Padang Village do not fully understand the legal basis and purpose of the authority, because they view parental consent in child marriage as more of a customary and traditional obligation than a legal mechanism to protect immature children physically and psychologically. From the perspective of Islamic law, the practice of forced marriage is contrary to the principles of willingness (ridha), justice, and protection of the welfare of children, so it is necessary to increase legal understanding and public awareness so that the implementation of marriage is in line with sharia values and the provisions of laws and regulations.
RELEVANSI KONSEP TAKHBIB PEREMPUAN TERHADAP SUAMI ORANG LAIN MENURUT IMAM IBNU HAJAR AL-HAITAMI DALAM DINAMIKA RUMAH TANGGA KONTEMPORER Muhammad Iran Simbolon; Muhammad Amin Pohan
Jurnal Syaikh Mudo Madlawan: Kajian Ilmu-Ilmu Keislaman Vol. 3 No. 2 (2026): Jurnal Syaikh Mudo Madlawan
Publisher : LPPM IAI Dar Aswaja Rokan Hilir

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

One of the factors contributing to disharmony, and in some cases even divorce, within a household is takhbib. Takhbib refers to the act of corrupting, deceiving, inciting, influencing, or disrupting another person’s marital relationship. It may involve deceiving and damaging the relationship or portraying divorce as desirable in a woman’s eyes so that a man can marry her, or deliberately encouraging a woman to divorce so that she may marry another man, or engaging in similar acts. A man who attempts to seduce another man’s wife is clearly prohibited (haram) based on the textual evidence (nash) of the Prophetic hadits. However, a question arises when the perpetrator is a woman who attempts to seduce another woman’s husband. Since these two cases involve different circumstances, a legal formulation is required to determine the ruling concerning a woman who commits takhbib against another woman’s husband. This study aims to analyze Ibn Ḥajar al-Haitami’s view regarding the legal ruling on takhbib committed by a woman against another woman’s husband and to examine the legal arguments underlying its prohibition. This study employs normative legal research using a library research approach. The findings indicate that, according to Ibn Ḥajar al-Haitami, takhbib, whether committed by a man or a woman who interferes with or damages the affection and relationship between another couple, constitutes a major sin and is prohibited (haram). The legal basis for this ruling is Ibn Ḥajar al-Haitami’s reliance on the general applicability of the textual evidence (nash) contained in several Prophetic hadits.
Co-Authors Muhammad Amin Pohan Nining Afriani Risalan Basri Harahap