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All Journal Journal of Islamic Monetary Economics and Finance USRAH: Jurnal Hukum Keluarga Islam Mizan: Journal of Islamic Law
Hambari
Universitas Ibn Khaldun Bogor, Indonesia
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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The Legal Position and Legal Implications of Siri (Unregistered) Marriage Following the Enactment of Law Number 1 of 2023 (New Penal Code): A Review from the Perspective of Maqashid Syari’ah Aldi Adriyansyah; Hambari; Syarifah Gustiawati Mukri
JURNAL ILMU SYARIAH Vol 14 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.24558

Abstract

This study examines the legal position and legal implications of siri (unregistered) marriage from the perspective of fiqh munakahat and Article 403 of Law Number 1 of 2023 on the Criminal Code. It is motivated by the persistence of siri marriage practices in Indonesian society despite the divergence between Islamic law and positive law in regulating marriage registration. The study aims to describe the legal status of siri marriage and analyze the legal consequences it entails under both legal systems. A qualitative approach combining library research and field study was applied, using normative-juridical and empirical approaches. Primary data were drawn from classical and contemporary fiqh literature, Law Number 1 of 2023, the 1974 Marriage Law, and the Compilation of Islamic Law, while secondary data were obtained through in-depth interviews with a marriage registrar (penghulu) at the Cibinong Religious Affairs Office and an Islamic scholar (kyai). Data were analyzed using the Miles and Huberman model, with data reduction, categorization, comparison, and conclusion drawing. The findings show that siri marriage, which fulfills the pillars and conditions of marriage, is valid under fiqh munakahat, yet marriage registration is regarded as obligatory on the basis of maslahah mursalah and the legal maxim mā lā yatimmu al-wājib illā bihi fahuwa wājib, in order to safeguard justice, lineage, and family rights. Under Article 403 of Law Number 1 of 2023, siri marriage has no civil legal standing because it is not registered with the competent authority, and it may give rise to criminal liability only when it involves concealment of a lawful marriage impediment, under a complaint-based (delik aduan) mechanism. The legal implications include weakened protections for wives and children, administrative difficulties, and uncertainty regarding civil rights, such as inheritance and birth registration. Keywords: Fiqh Munakahat; Legal Implications; Legal Position; Law Number 1 of 2023; Siri Marriage
ANALISIS EFEKTIVITAS MEDIATOR DALAM MENANGANI PERKARA PERCERAIAN DI KABUPATEN BOGOR STUDI KASUS DI PENGADILAN AGAMA CIBINONG KELAS 1A Nisa Dzun Nur’ain; Hambari; Ade Irma Imamah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/kx1sf074

Abstract

Mediation is a mandatory dispute resolution mechanism in civil cases, including divorce cases in Religious Courts, as regulated by Supreme Court Regulation Number 1 of 2016. The high divorce rate in Bogor Regency, particularly at the Cibinong Class IA Religious Court, indicates that marital conflicts are often unresolved by the parties. This study aims to analyze the effectiveness of mediators in handling divorce cases and identify the factors influencing mediation outcomes.This research uses a qualitative approach with a case study method and field research design. Data were collected through in-depth interviews, direct observation, and document analysis. The findings show that mediator effectiveness is influenced by competence, professionalism, communication skills, mediation techniques, and institutional support. However, mediation is often hindered by emotional tensions, prolonged conflicts, and lack of good faith from the parties. Supporting factors include the mediator’s patience, persuasive approach, and shared interests such as children and family continuity. Overall, mediation has not fully achieved optimal effectiveness in resolving divorce disputes. Mediator effectiveness plays a crucial role in determining the success of mediation in divorce cases. Strengthening mediator capacity and encouraging good faith among parties are essential to improve mediation outcomes.
What Factors Influence the Welfare of Zakat Beneficiaries? Qurroh Ayuniyyah; Hambari; Hilman Hakiem; Ahmad Faisal
Journal of Islamic Monetary Economics and Finance Vol. 11 No. 3 (2025)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jimf.v11i3.2171

Abstract

This study investigates the influence of demographic, social, and economic variables on the welfare of zakat beneficiaries in West Java, Indonesia. Using a sample of 1,300 zakat beneficiaries, the paper applies the Chi-square Automatic Interaction Detector (CHAID) method. Our findings suggest the crucial role of monitoring by amil institutions in the respective areas on the improvement of material and spiritual conditions of zakat beneficiaries. The study suggests that amil plays a major part in the success of zakat distribution programs and the programs should be further enhanced for the betterment of zakat beneficiaries. This study also shows that apart from zakat distribution programs, there are also some demographic, social, and economic variables that affect the income and spiritual conditions of zakat beneficiaries.
Co-Authors Ade Irma Imamah Ahmad Faisal Aldi Adriyansyah Hilman Hakiem Nisa Dzun Nur’ain Qurroh Ayuniyyah Syarifah Gustiawati Mukri