Maimun Maimun
Pascasarjana Universitas Islam Negeri Raden Intan Lampung

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Pandangan Hukum Islam tentang Hidup Serumah setelah Talak Bain Kubra di Desa Way Urang Lampung Selatan Ayub Sutiawan; Abdul Qodir Zaelani; Maimun Maimun; Yusuf Baihaqi
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i1.10393

Abstract

This study aims to analyze the perspective of Islamic law on the practice of cohabitation after the occurrence of talak bain kubra (triple divorce), focusing on a literature-based analysis of primary Islamic legal sources such as the Qur’an, Hadith, scholars’ opinions, and classical as well as contemporary fiqh literature. This research is a library study (library research) employing normative juridical and conceptual approaches. Data were obtained through a review of classical fiqh texts from the four schools of thought (madhhab), Qur’anic exegesis, scholarly works, and legal provisions related to Islamic family law. The findings indicate that, according to Islamic law, cohabitation between a man and a woman after the occurrence of talak bain kubra is prohibited and considered unlawful (haram). Based on the Qur’an, Surah Al-Baqarah (2:230), it is stated that if a husband divorces his wife for the third time, it is not lawful for him to remarry her unless she has lawfully married another man and that marriage ends naturally. This view is supported by the majority of scholars from the Shafi‘i, Hanafi, Maliki, and Hanbali schools, who agree that talak bain kubra completely dissolves the marital bond (faskhun nikah), and a remarriage can only occur after the condition of tahlil has been fulfilled in accordance with Sharia. The analysis of fiqh literature further reveals that cohabitation without a valid marriage contract after talak bain kubra contradicts the principles of ‘iffah (chastity) and hifz an-nasl (protection of lineage), which are integral parts of the objectives of Islamic law (maqasid al-shari‘ah). From a social standpoint, such practices often arise due to low Islamic legal literacy, economic constraints, and misconceptions regarding the concept of ruju‘ (reconciliation) in Islam. This study concludes that cohabitation after talak bain kubra, from the perspective of Islamic law, constitutes a clear violation of definitive (qat‘i) religious injunctions. Therefore, it is necessary to enhance public understanding through Islamic legal education and scholarly-based religious outreach to ensure awareness of the legal boundaries governing marital relations after a triple divorce.
Status Hukum Anak Akibat Perkawinan Batal dalam Perspektif Hak Asasi Manusia dan Perlindungan Anak Safarika Khumayiroh; Efa Rodiah Nur; Liky Faizal; Maimun Maimun; Dian Eka Putri
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i2.11143

Abstract

This study examines the legal status of children resulting from an annulled marriage from the perspective of human rights and child protection. This study aims to analyze the legal status of children resulting from an annulled marriage from the perspective of human rights and child protection. In judicial practice, annulment decisions often omit the status of children born from the marriage. Judges generally focus solely on the validity of the marriage, rather than on fulfilling the rights of children born from the relationship. This situation creates a legal gap because, even though the child is not at fault for the annulment of their parents' marriage, their legal status is often unclear, impacting the protection of their rights. The purpose of this study is to examine the extent to which human rights and child protection principles are integrated into judges' legal considerations when deciding annulment cases. This research uses a normative legal method with a statutory approach and case studies of several relevant court decisions. The research results show that the omission of the child's status in the verdict has the potential to conflict with the principles of non-discrimination and the best interests of the child as stipulated in the Convention on the Rights of the Child (CRC), which Indonesia has ratified through Presidential Decree No. 36 of 1990, and Law No. 35 of 2014 concerning Child Protection. From a human rights perspective, children born from an annulled marriage still have a civil relationship with their mother and their mother's family as stipulated in Article 43 paragraph (1) of the Marriage Law and the Constitutional Court Decision, No. 46/PUU-VII/2010.