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All Journal NALAR FIQH: Jurnal Hukum Islam
Mustiah RH
UIN Sulthan Thaha Saifuddi Jambi
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Maslahah as a Door, Prohibition of Marriage as a Limit: Judges' Reasoning in the Determination of Marriage Isbat at the Jambi Religious Court Muhammad Jumri; Yuliatin Yuliatin; Mustiah RH
NALAR FIQH: Jurnal Hukum Islam Vol. 12 No. 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v12i1.2742

Abstract

Article 7 paragraph (3) of the Compilation of Islamic Law limits isbat nikah to five circumstances, and the explanation of the Religious Court Law links this authority to marriages that occurred before 1974. Practice in religious courts moves far from this boundary. This article examines how judges of the Jambi Religious Court Class I A screened applications for isbat nikah for post-1974 marriages submitted on grounds outside Article 7 paragraph (3). Qualitative research with this case approach analyzed two determinations in 2022, one granted and one rejected, interviews with two judges and the junior registrar of applications, court observations, and case data from 2019–2022. The results showed three things. First, the applicant's reasons are administrative and rights-based, such as marriage books, family cards, child birth certificates, and inheritances, and are entirely absorbed by the letter e. Second, the judge uses maslahah to justify the post-1974 marriage examination, not to assess the validity of the marriage itself; the final decision is still taken through testing the harmony, conditions, and prohibitions of marriage. Third, the real filter is the material validity and the absence of legal smuggling. In rejected cases, polygamy without permission is revealed through family cards and divorce certificates, not through witnesses. This article argues that the shift of the filter from reason to validity makes isbat effective in protecting rights, but its filtering of unlicensed polygamy depends on documentary traces that happen to be available. Therefore, the examination of the applicant's marital status needs to be strengthened by verification of population data and directed witness questions.
Penghulu as a Limited Gatekeeper: Prevention of Child Marriage in KUA Kota Baru District, Jambi City, during the Covid-19 Pandemic Rival Hadi Kusuma; Mustiah RH; Unggul Suryo Adi
NALAR FIQH: Jurnal Hukum Islam Vol. 12 No. 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v12i2.2744

Abstract

The Covid-19 pandemic has shown the limits of the authority of marriage registrars in dealing with child marriage. In Kota Baru District, Jambi City, the KUA document recorded that early marriage increased from 29 cases in 2018 to 58, 65, and 68 in 2019 to 2021, even though Law Number 16 of 2019 has raised the marriage age limit to 19 years. This article examines the driving factors for child marriage during the pandemic and how the head carries out its role to suppress the practice. The study uses an empirical juridical approach with qualitative data from interviews with seven informants, namely the head of KUA, two headmen, a family guidance officer, KUA staff, head of RT, and residents, equipped with observations and KUA documents. The findings suggest that child marriage is driven by the confluence of three pressures: family economic difficulties, weakening attachment to school due to online learning, and loose supervision that leads to out-of-wedlock pregnancies. Penghulu responds through age verification, refusal of registration, referral to religious courts for dispensation, and premarital guidance. The instrument works decisively, but is downstream, after the family has made a decision, so refusal is more likely to delay and divert cases than to prevent them. This article argues that the effectiveness of the penghulu is determined by its position in the chain of decisions, not solely by administrative firmness. Implicitly, prevention demands a shift of coaching from the registration desk to adolescents and parents before the marriage decision is made, accompanied by more documented coordination with religious courts.
Co-Authors Muhammad Jumri Rival Hadi Kusuma Unggul Suryo Adi Yuliatin Yuliatin