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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan El-Sirry: Jurnal Hukum Islam dan Sosial
Zulfan Efendi
Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Nikah Siri In Maqāṣid al-Sharī'ah Review: A Critical Study of the Urgency of Marriage Registration in Islam Zulfan Efendi; Abdul Waid
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17551

Abstract

This study examines the status of serial marriage and the urgency of marriage registration in Islam using the Maqāṣid al-Syarī'ah approach. This research is a normative legal research with a qualitative approach, which uses conceptual and legislative approaches. Data was obtained through literature studies on Islamic legal sources, ushul fiqh rules, and laws and regulations in Indonesia, especially Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The results of the study show that the practice of serial marriage that still occurs in society has the potential to cause various negative impacts, especially for wives and children, such as the absence of legal certainty, difficulties in fulfilling inheritance rights, and weak protection of family rights. In the perspective  of Maqāṣid al-Syarī'ah which is oriented towards the benefit and prevention of harm, nikah siri is seen as a practice that causes harm. Based on the rules of dar'u al-mafāsid muqaddam 'alā jalb al-maṣāliḥ, marriage registration is positioned as an urgent need (ḍarūriyyāt) to protect offspring (ḥifẓ al-nasl) and property (ḥifẓ al-māl). This study concludes that marriage registration in KUA or Civil Registry is an obligation in every marriage. State policies that require marriage registration are considered to be in line with the purpose of Islamic law in realizing the benefits and protection of citizens' rights. Thus, in the current context, nikah siri can be considered invalid because it is contrary to the principle of prevention of damage.
Reconstructing Maslahah as an Epistemological Principle within the Framework of Religious Liberalism: Toward a New Rationality in Usul al-Fiqh Zulfan Efendi; Rahmat Efendy Al Amin Siregar
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v13i1.13123

Abstract

Most research on maslahah stops only on methodological instruments in legal istinbat and research on liberalism is only centered on theological and political frameworks, without systematically reconstructing the position of maslahah as an epistemological principle in the construction of usul al-fiqh. This research aims to reconstruct the concept of maslahah in the framework of religious liberalism and affirm its position in the epistemology of Islamic law as the basis for the formation of a new rationality in usul al-fiqh. This research is a normative-conceptual research with an approach to Islamic legal theory and legal philosophy, using a literature analysis method on the thoughts of Islamic legal reformers. The main findings of this study show three main things. First, maslahah in the perspective of religious liberalism is positioned as an epistemological principle, not merely an additional methodological consideration. Second, the reconstruction shifts the orientation of usul al-fiqh from a textual-formal approach to a rational-contextual approach that is dialogical between revelation and social reality. Third, the implication is the affirmation of Islamic law as a normative system as well as an ethical-social instrument to realize justice, freedom, and universal welfare (al maslahah al ammah). The implications of this study confirm the need to reorient contemporary Islamic legal methodology towards a more integrative and contextual epistemological paradigm, thereby strengthening the contribution of usul al-fiqh in the discourse of Islamic law reform as well as the development of Islamic legal theories that are responsive to modern social dynamics.
Co-Authors Abdul Waid Rahmat Efendy Al Amin Siregar