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All Journal El-Usrah: Jurnal Hukum Keluarga Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Abbas, Rahmawati
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Legal Solutions for Domestic Violence in Unregistered Marriages in Indonesia: Integrating Maqāṣid al-sharī’ah Akmal, Andi Muhammad; Mundzir, Chaerul; Asti, Mulham Jaki; Abbas, Rahmawati; Mustafa, Zulhas'ari
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.25971

Abstract

 This research investigates the legal protection available for domestic violence (KDRT) victims within unregistered marriages (nikah siri) in Indonesia. It assesses the difficulties arising from the lack of formal recognition for these marriages and evaluates how Maqāṣid al-sharī’ah  principles can improve legal protection and fill existing gaps in Indonesian law. The study proposes integrating Indonesian marriage law principles with national frameworks to enhance victim protection. A qualitative approach is used, including descriptive analysis of legal documents, case studies, and jurisprudential interpretations. Data were gathered through literature reviews, document analysis, and interviews with legal experts. The focus is on how Maqāṣid al-sharī’ah  principles apply to Indonesian domestic violence laws and the role of itsbat nikah in providing legal remedies. Findings indicate that Indonesia's current legal system inadequately supports victims of unregistered marriages, creating significant barriers to justice and protection. The research underscores that Maqāṣid al-sharī’ah ’s focus on safeguarding life and lineage can form a solid basis for legal reforms. Itsbat nikah is identified as a key solution for officially recognizing these marriages and enhancing legal safeguards. This research is distinctive in merging Maqāṣid al-sharī’ah  with Indonesian law, presenting a fresh perspective on improving legal protection for victims in unregistered marriages. By aligning Islamic principles with modern legal practices, the study offers a framework to better support and protect victims. The study's implications suggest that integrating Maqāṣid al-sharī’ah  into legal reforms could strengthen protections and foster a more inclusive legal system.
Realitas Keagamaan dalam Fatwa MUI Nomor 2 Tahun 2022 tentang Uang Panai’: Analisis Filosofis terhadap Dinamika Sosial Masyarakat Suku Bugis Makassar Idrus, Achmad Musyahid; Qayum, Abdul Rahman; Abbas, Rahmawati; Maulidah, Tahani Asri
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.55424

Abstract

The tradition of money panai in the marriage of the Makassar Bugis people not only reflects cultural values and family honor, but also gives birth to social dynamics and religious issues, especially in the practice of borrowing money from the family. This research aims to analyze in depth the religious reality surrounding the practice of money and identify the typology of Islamic law that arises from this phenomenon. The method used is a descriptive qualitative research with a philosophical and sociological approach, which focuses on the analysis of cultural practices in the local context of the Makassar Bugis community. Data were collected through participatory observation, in-depth interviews with traditional leaders, scholars, and couples who have experienced money loans, as well as documentation and normative literature reviews. The results of the study show that the practice of borrowing money has become a plural social reality and is even considered a pragmatic solution in meeting customary demands. However, this practice also raises complex legal problems, especially in the perspective of Islamic law. Normatively, a panai loan is categorized as mubah if it does not cause harm or burden the groom. On the other hand, this practice can be haram if it has implications for disproportionate economic pressure or is carried out with detrimental speculative intentions. These findings show that people's perceptions of Islamic law in the context of money are contextual and varied, depending on social motives, agreements between families, and locally applicable religious interpretations. This research emphasizes the need for a more adaptive approach to Islamic law to local traditions without ignoring the principles of justice and benefit.
Co-Authors Achmad Musyahid Idrus, Achmad Musyahid Akmal, Andi Muhammad Asti, Mulham Jaki Maulidah, Tahani Asri Mundzir, Chaerul Mustafa, Zulhas'ari Qayum, Abdul Rahman