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All Journal Lentera:Indonesian Journal of Multidisciplinary Islamic Studies Mizan: Journal of Islamic Law
Nurul Huda Prasetiya
Universitas Islam Negeri Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Unregistered Marriage Without A Nasab Guardian In Tanjung Pinggir: Islamic And Indonesian Law Perspectives Bima Hidayatul Aqib; Nurul Huda Prasetiya
JURNAL ILMU SYARIAH Vol 10 No 1 (2026): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v14i1.24714

Abstract

Unregistered marriage without a nasab guardian remains prevalent in parts of Indonesian society and creates uncertainty regarding marital validity and the legal protection of women and children. This study examines the practice of such marriages in Tanjung Pinggir Village, Siantar Martoba District, and assesses their validity and implications from the perspectives of Islamic law, the Compilation of Islamic Law, and Indonesian positive law. The study employed normative-empirical legal research with a qualitative approach. Primary data were collected through interviews with three couples in unregistered marriages without a lawful nasab guardian, supported by observations and documentation; participation was voluntary; informed consent addressed the legal sensitivity of the information disclosed; and all identities were anonymized. Secondary data were obtained from the Qur'an, hadith, classical jurisprudence, legislation, and relevant scholarly literature. The data were analyzed descriptively by reducing, classifying, comparing, and interpreting field findings and legal norms. The results reveal three problematic practices: assigning an unrelated man as a nasab guardian, appointing a wali muhakkam without following the mechanism for a state-appointed guardian, and conducting a marriage while the woman remained legally bound to a previous husband. These practices were primarily driven by limited legal knowledge, while economic pressure reinforced the case in one instance. Under the legal framework applied in Indonesia, these marriages did not comply with guardianship and marriage-registration requirements, thereby weakening legal certainty and the protection of wives and children; the third case, in particular, could have been resolved through the readily available statutory ground for divorce under Article 116(c) of the Compilation of Islamic Law rather than through an unauthorized second marriage. The study concludes that legal education, access to a state-appointed guardian, and marriage registration must be strengthened to prevent similar practices. Keywords: Indonesian positive law; Islamic law; nasab guardian; unregistered marriage; wali muhakkam
From Voluntary Compliance to Legal Obligation: Reformulating Indonesia's Zakat Law Through the Lens of Maqasid al-Shari'ah Heri Siswan; Pagar Pagar; Nurul Huda Prasetiya
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 8 No 2 (2026): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v8i1.15240

Abstract

Law Number 23 of 2011 on Zakat Management recognizes zakat as a religious obligation for muzakki; however, the absence of legal consequences for non-compliance has resulted in a voluntary compliance model that limits the optimization of zakat collection in Indonesia. This study aims to analyze the normative gap between the obligatory nature of zakat and the existing legal framework and to formulate a maqasid al-shariah-based model for transforming zakat compliance from a voluntary practice into a legally enforceable obligation. This normative legal research employs statutory, conceptual, comparative, and Islamic jurisprudential approaches. The data are analyzed qualitatively through legal interpretation and doctrinal reasoning. The findings reveal that the primary weakness of Indonesia’s zakat regulatory framework lies not in the lack of normative recognition of zakat obligations but in the absence of an effective compliance and enforcement mechanism. This study proposes a Maqasid-based mandatory compliance model, which consists of three key elements: (1) legal recognition of zakat obligations, (2) institutional mechanisms for monitoring and ensuring compliance, and (3) proportionate administrative sanctions for economically capable muzakki who deliberately neglect their zakat obligations. From the perspective of maqasid al-shariah, this reformulation strengthens the protection of wealth (hifz al-mal), safeguards the rights of mustahik, and promotes distributive justice. Therefore, reforming Law Number 23 of 2011 is necessary to establish a balanced mandatory zakat system that enhances social welfare, improves the effectiveness of zakat governance, and maintains the principle of legal proportionality.
Co-Authors Bima Hidayatul Aqib Heri Siswan Pagar Pagar