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Kyai, Secret Married and Social Legitimacy: Marriage Practices in Rembang, Pasuruan, East Java Muzakki, M. Harir; Khaidarulloh, Khaidarulloh; Hasan Wahid, Soleh
MUHARRIK: Jurnal Dakwah dan Sosial Vol. 8 No. 1 (2025): Muharrik: Jurnal Dakwah dan Sosial
Publisher : Fakultas Dakwah Institut Agama Islam Sunan Giri Ponorogo

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Abstract

This article examines the practice of secret marriage in Pekoren Village, Rembang District,  Pasuruan Regency, East Java, with a focus on the central role of the kyai (Islamic cleric) in legitimizing the practice. Using a qualitative approach and ethnographic methods, this study explores how local religious authority constructs, negotiates, and sustains social legitimacy for marriages that are not legally recognized by the state. The study finds that the authority of the kyai is neither singular nor absolute, but shaped through complex social, symbolic, and economic relationships. Secret marriage occurs in various contexts, including late-life marriages, suspended marriages due to age restrictions, and polygamous marriages without official permission. The kyai serves as a mediator between religious norms and state legal pressures, offering religious legitimacy when the formal legal system is perceived as inadequate. This article shows that state law and local norms intersect through a space of compromise maintained by cultural-religious authority. Drawing on Khaled Abou El Fadl’s theory of authority and Max Weber’s theory of social action, the article underscores the importance of understanding legal pluralism and social authority in grassroots family law practices in Indonesia.
Transformation of Kyai Authority in Marriage: A Law-Abiding Society in Pekoren, Rembang, Pasuruan M. Harir Muzakki; Euis Nurlaelawati; Ahmad Bunyan Wahib
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.9492

Abstract

This article discusses the role and authority of kyai in marriage practices in Muslim communities, especially in Pekoren Rembang Village, Pasuruan. This research uses a socio-legal approach and focuses on the role of kyai in carrying out marriages that are not always registered at the Office of Religious Affairs (KUA). In the Pekoren community, kyai have authority in religious law and are often involved in the marriage contract procession, even though the KUA does not officially record it. This gives rise to unregistered marriages, where marriages are considered religiously valid but not recognized by the state. This research also reveals that the role of kyai in marriage has shifted due to increasing legal awareness in society, pragmatism, and reduced appreciation for Islamic boarding school graduates. This research concludes that the authority of kyai in marriage practices in Pekoren is decreasing along with socio-economic changes and increasing legal awareness in society. Now, people prefer marriages officially registered by the head of the KUA to obtain legal guarantees. The shifting role of kyai in marriage practices in Pekoren Village can serve as a guide for policymakers and religious leaders in ensuring that marriages are recognised under state law, in line with socio-economic changes and the legal awareness of the community.
Fiqih Wanita: Sebuah Tinjauan Historis M Harir Muzakki
Justicia Islamica Vol 2 No 1 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the development of women's fiqh (Islamic jurisprudence) in a historical perspective and how social and cultural dynamics influence the understanding of Islamic law related to women. The method used is qualitative with a historical-analytical approach, through a literature review of classical fiqh books and contemporary works. The results show that women's fiqh developed in various schools of thought with diverse interpretations, often influenced by the social context of the time. In some periods, women's fiqh was more restrictive, while in the modern context, more inclusive and gender-justice oriented reinterpretations emerged. This study emphasizes that women's fiqh is dynamic and needs to be contextualized according to the principle of maqashid sharia in order to remain relevant to the needs of Muslim women in the contemporary era.
Patriotism in Kampak Patik Protests in Ponorogo 1885 Riyadi, Mohammad Irfan; Faruk, Ahmad; Muzakki, Muhammad Harir; Hasanal, Nurul; Larhzizer, Fouad
FIKRAH Vol 10, No 1 (2022): June 2022
Publisher : Prodi Aqidah dan Filsafat Islam, Fakultas Ushuluddin, Universitas Islam Negeri Sunan Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (210.501 KB) | DOI: 10.21043/fikrah.v10i1.14015

Abstract

Dissatisfaction with the policies often leads to protests from the people. It also took place in Ponorogo during the Dutch colonialization in 1885. Indonesian people protested by looting the Dutch Kontroleur Coffee warehouse due to the policy of forced planting and tax tightening. The action is known as Kampak Patik or Patik Robbery. The Dutch Kontroleur deliberately disseminated this negative stigma to impress as criminal behavior against the law. This paper conducts historical defense attempts by examining the value of Patriotism and heroism in the Kampak Patik event. The researchers use three stages of research, namely revealing the background of events, the action events, and the final solution of the action in the form of patriotism values. The approach of this paper is socio-historical with local document data sources (babad), books, and historical data. This paper concludes first, the Dutch policy of forced cultivation and tax tightening had impoverished the citizens in plantations area. Second, the protest was carried out by community leaders, including patih Ponorogo regency, lurah, carik, village staff, and members of Patik village community. Third, there is the value of patriotism, namely the defense of the small people, selfless struggle, sacrifice, and the nature of chivalry. Forth, the Kampak Patik protest had a positive impact on rising coffee commodities and tax reductions.
Derivasi atau Arketipe: Mengusut The Logical Structure of Islamic Theology Karya Josef Van Ess Lubis, Ali Akhbar Abaib Mas Rabbani; Muzakki, Muhammad Harir
FIKRAH Vol 8, No 2 (2020): December 2020
Publisher : Prodi Aqidah dan Filsafat Islam, Fakultas Ushuluddin, Universitas Islam Negeri Sunan Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (723.456 KB) | DOI: 10.21043/fikrah.v8i2.7376

Abstract

The focus of this paper is on Josef Van Ess's The Logical Structure of Islamic Theology. An important argument regarding the thought of kalam is that it fully involves the relationship of revelation, reason, and human experience. This writing aims to answer the question whether the discipline of kalam in its logical structure is derived from Greco-Roman or archetypes from the Islamic tradition? This writing includes a qualitative research cluster involving library research, then the ma'na-cum-maghza approach through the stages of data reduction, data exposure, and drawing conclusions or verification. The result of the conclusion is that Ess's opinion always changes and improves the statement regarding the nominalistic term kalam, although according to Ess it is not impossible that the science of kalam and its spectrum such as Islamic Law technically reflects Greco-Roman rhetoric and is preserved in Islamic Tradition.
Between Distance and Obligation: Spousal Maintenance in Long-Distance Muslim Marriages in Sukowidi Village under Islamic Family Law Bagus Tinard Nugroho; Muhammad Harir Muzakki
Ahlika: Jurnal Hukum Keluarga dan Hukum Islam Vol. 2 No. 2 (2025): Ahlika: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/ahlika.v2i2.291

Abstract

In the context of modern life, challenges in fulfilling financial obligations often arise when couples are in a long-distance marriage. This occurs because the husband or wife leaves the city to earn a living or improve the family's economic situation. This article will discuss the efforts of husbands and wives in long-distance marriages to provide for their families and the implications of long-distance marriages on the provision of livelihoods for husbands and wives in Sukowidi Village, Kartoharjo District, Magetan Regency. This research is field research using data collection techniques, interviews, observation, and documentation. The reality in the Sukowidi community in Kartoharjo Subdistrict is that many husbands work outside the Magetan area. To answer the research questions, the researcher interviewed four families. The results of the study show that the majority of couples are able to fulfill their material needs (clothing, food, shelter), and confirm that distance does not hinder the fulfillment of needs as long as both parties have responsibility and commitment to each other. Success in fulfilling the husband's financial obligations to his wife is highly dependent on open communication, fair division of roles, and efforts to maintain emotional and spiritual needs. Long-distance marriage has significant implications for the psychological, emotional, and communication aspects of the family. [Dalam konteks kehidupan modern, tantangan pemenuhan nafkah sering muncul ketika pasangan harus menjalani pernikahan jarak jauh. Hal ini terjadi karena suami atau istri pergi ke luar kota untuk mencari nafkah atau memperbaiki perekonomian keluarga. Artikel ini akan membahas usaha suami istri pernikahan jarak jauh dalam pemenuhan nafkah dan bagaimana implikasi pernikahan jarak jauh dalam pemenuhan nafkah suami istri di Desa Sukowidi, Kecamatan Kartoharjo, Kabupaten Magetan. Penelitian ini merupakan penelitian field Research (Penelitian Lapangan) dengan teknik pengumpulan data, wawancara, observasi, dan dokumentasi. Realitas yang terjadi pada masyarakat Sukowidi Kecamatan Kartoharjo banyak suami yang bekerka di luar wilayah Magetan. Untuk menjawab masalah penelitian, peneliti mewancarai emapat keluarga. Hasil penelitian menunjukkan bahwa mayoritas pasangan dapat memenuhi nafkah lahir (sandang, pangan, papan), dan menegaskan bahwa jarak tidak menghambat pemenuhan nafkah selama keduanya memiliki tanggung jawab, komitmen antar pasangan. Keberhasilan dalam pemenuhan nafkah suami kepada istri sangat bergantung pada komunikasi yang terbuka, pembagian peran yang adil, serta upaya menjaga kebutuhan batin dan spiritual. Pernikahan jarak jauh membawa implikasi signifikan pada aspek psikologis, emosional, dan komunikasi dalam keluarga.]
The Transformation of Legal Consciousness: From Unregistered to Official Marriages in PekorenVillage, Rembang, Pasuruan, East Java M. Harir Muzakki; Fira Mubayyinah; Muhtar Said; Raihanah binti Abdullah; Khoirul Fathoni; Ali Akhbar Abaib Mas Rabbani Lubis
al-'adalah Vol 23 No 1 (2026): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v231.24826

Abstract

Although marriage registration occupies a central position in Indonesian family law, unregistered marriage practices persist and, in certain contexts, are even socially normalized. This article examines the transformation of legal consciousness regarding marriage registration in Pekoren Village, Rembang District, Pasuruan Regency, East Java, an area previously known as a hotbed of unregistered marriages. Using a socio-legal approach, this research is based on longitudinal fieldwork conducted between 2021 and 2024,including in-depth interviews, continuous observation, and document analysis involving village officials, religious leaders, and civil society actors. The findings show that the decline in unregistered marriages in Pekoren was not the result of coercive law enforcement or criminalization, but rather a gradual rearticulation of legal consciousness. This transformation was mediated by village-level prohibitions, social sanctions, administrative routines, and the strategic repositioning of religious authorities. Marriage registration is then understood not merely as an administrative obligation, but as a morally legitimate and socially important practice for protecting women, children, and family dignity. Over time, compliance with state marriage law has become customary and accepted as normal in everyday life. This study contributes to socio-legal studies by showing that legal compliance emerges as a relational and processual outcome of “everyday legality” in the context of legal pluralism, and it has implications for family law reform, particularly in formulating policies to combat unregistered marriages that emphasize community mediation and ethical legitimacy rather than a repressive approach