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All Journal An-nisa: Journal of Islamic Family Law
Kasuwi Saiban
International Islamic University Islamabad Pakistan
Religion Law, Crime, Criminology & Criminal Justice Other

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Nikah Sirri (Perbandingan Hukum Positif Indonesia Dan Hukum Islam) Fajrina Dhia Salsabila; Vanda Kamila Alfi Syahri; Tutik Hamidah; Kasuwi Saiban
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.144

Abstract

The implementation of Marriage Act No. 1/1974, which was later amended by Act No. 16/2019, and its various provisions, led to the emergence of the phenomenon of nikah siri. Nikah siri is a marriage that takes place in secret and is not registered in accordance with the provisions of the current Marriage Law. This research will include an in-depth analysis of 1) An explanation of nikah siri according to Indonesian positive law and Islamic law. 2) The legal status and criminal sanctions of nikah sirri under Indonesian positive law and Islamic law. This research is normative in nature with a comparative approach to analyse the crime of nikah sirri by comparing Indonesian positive law and Islamic law. The data collected will be analysed descriptively and comparatively to identify the similarities, differences and legal implications of the crime of nikah sirri in the two perspectives. Therefore, it is hoped that this research can increase understanding of the phenomenon and make a positive contribution to our knowledge of the dynamics of human relationships in the context of hidden marriages.
Mechanism for Settlement of Wali Adhal Cases in the Determination of Guardian Judges in Banda Aceh Cut Amirah Fatinah; Khairani Mukdin; Nik Salida Suhaila Nik Saleh; Rishat Ameer Ğafurof; Kasuwi Saiban
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.361

Abstract

This study aims to examine the factors that lead to the appointment of a marriage guardian judge (wali hakim) due to the refusal of a legitimate guardian (wali adhal), as well as the mechanism of its implementation at the Office of Religious Affairs (KUA) in Lueng Bata District, Banda Aceh. The research employs a qualitative approach with a sociological-empirical method, using in-depth interviews, observation, and documentation with the Head of KUA and KUA staff as the primary sources, supported by secondary data from literature and legal documents. The findings reveal that the appointment of a wali hakim generally arises from non-shar’i reasons, including personal conflicts between guardians and prospective brides, excessive social considerations related to the groom’s status, economic concerns, and long-standing family disputes. These factors restrict women’s rights to marry in accordance with Islamic law. The resolution mechanism consists of several stages, starting from reconciliation efforts, mediation by KUA and community leaders, and, if necessary, filing a petition to the Religious Court. Once the court transfers guardianship rights, the marriage can be solemnized with a wali hakim appointed by the judge. This study highlights the crucial role of KUA and the Religious Court in safeguarding women’s rights and ensuring the validity of marriage under both Islamic and state law in Indonesia.
Co-Authors Cut Amirah Fatinah Fajrina Dhia Salsabila Mukdin, Khairani Nik Salida Suhaila Nik Saleh Rishat Ameer Ğafurof Tutik Hamidah Vanda Kamila Alfi Syahri