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Sumarjoko
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Marriage Prevention from the Perspective of Maqāṣid al-Sharīʿah: An Analysis of Concealed Marital Status Cases in Temanggung Mar'atul Ulya; Sumarjoko; Hidayatun Ulfa; Hasman Zhafiri Muhammad
Amorti: Jurnal Studi Islam Interdisipliner Vol. 4 No. 4 Oktober 2025: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v4i4.1122

Abstract

This study aims to analyze a case of marriage prevention resulting from the concealment of marital status by a prospective husband in Kemiri Village, Tembarak District, Temanggung Regency, from the perspective of Maqāṣid al-Sharīʿah. The research employed a qualitative method with a juridical-empirical (field research) approach, using in-depth interviews, observation, and documentation as data collection techniques. The findings reveal that the marriage prevention occurred after it was discovered that the prospective husband was still legally married and intended to engage in polygamy without obtaining the consent of his first wife or authorization from the Religious Court. Such conduct constitutes tadlīs (deception) through the concealment of marital status, which may result in legal, social, and psychological harm to the prospective wife. From the perspective of Maqāṣid al-Sharīʿah, the prevention of this marriage is consistent with the objective of protection at the level of ḍarūriyyāt, particularly in safeguarding lineage (ḥifẓ al-nasl). Legally, the case is classified as marriage prevention prior to the marriage contract (akad nikah), thereby producing no legal consequences of marriage for either party. Sociologically, the involvement of village authorities and religious leaders played a significant role in providing social protection and minimizing stigma toward the woman involved. This study demonstrates that marriage prevention in cases involving the concealment of marital status is not only legally justified but also reflects the implementation of Maqāṣid al-Sharīʿah values in protecting the welfare of individuals and society.
Generation Z's Understanding of Prenuptial Agreements from an Islamic Family Law Perspective: An Empirical Study in Gemawang Hamlet, Pakurejo, Indonesia Ratna Ayunintyas; Sumarjoko; Eko Sariyekti
Amorti: Jurnal Studi Islam Interdisipliner Vol. 4 No. 4 Oktober 2025: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v4i4.1228

Abstract

This study was motivated by Generation Z's limited understanding of marital rights and obligations, particularly regarding prenuptial agreements. Although digital media provides broad access to legal information, such access does not necessarily improve their understanding of Islamic family law. This study aims to examine Generation Z's understanding of prenuptial agreements from the perspective of Islamic family law. A qualitative field research approach was employed, with data collected through observation, in-depth interviews, and documentation involving married Generation Z participants in Gemawang Hamlet, Pakurejo Village, Temanggung Regency, Indonesia. The data were analyzed descriptively using Benjamin Bloom's theory of understanding and the perspective of Islamic family law. The findings indicate that participants' understanding of prenuptial agreements remains limited. Most viewed such agreements merely as instruments for the separation of marital assets, without adequately understanding their objectives, functions, and legal implications. The study also found that several participants entered marriage with insufficient knowledge of spouses' rights and obligations. From the perspective of Islamic family law, prenuptial agreements are permissible provided they do not contradict Sharia principles and serve to clarify the rights and obligations of both parties. Therefore, strengthening Islamic family law education is essential to improve Generation Z's preparedness for marriage.
Co-Authors Eko Sariyekti Hasman Zhafiri Muhammad Hidayatun Ulfa Mar'atul Ulya Ratna Ayunintyas