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All Journal DE LEGA LATA: Jurnal Ilmu Hukum
Hafiza Zahra Aljawawi
Universitas Islam Negeri Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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The Implications of the Status of Indonesian Migrant Workers' Wives in Malaysia Reviewed from Maslahah Hafiza Zahra Aljawawi; Fatimah Fatimah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 1 (2025): Januari-Juni
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i1.32052

Abstract

Long-term labor migration separates Indonesian Migrant Worker (PMI) women who are married in Indonesia from their husbands and families, resulting in four patterns of marriage in Malaysia: with foreign migrant workers, fellow migrant workers, employers, and marriages of migrant workers' husbands with other female migrant workers who have the potential to become polygamous are not recorded. The main issue is the validity of marriage according to Islamic law and positive Indonesian law and its implications for inheritance, inheritance, and alimony. This study aims to analyze the validity of the four patterns based on Islamic law, Indonesian positive law, and the perspective of maslahah in ushul fiqh, as well as identify the legal status, types of maslahah, and institutional mitigation efforts. The research uses an empirical juridical method with a social approach. Data were obtained through interviews with PMI and PERMAI figures in Penang as well as informants in Sungai Buloh, Malaysia, supplemented by secondary data from the Ministry of P2MI. The results of the study show that validity according to Islamic law depends on the fulfillment of the marriage and marriage conditions, while positive law requires recording. Official and registered marriages have the potential to become conditional maslahah mursalah, while marriages that are contrary to harmony, contract marriage, and polygamy without permission and registration include maslahah mulghah.
Co-Authors Fatimah Fatimah