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All Journal JURNAL MAHKAMAH Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman
Thamrin, Dahlan
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Religion Education Law, Crime, Criminology & Criminal Justice

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Islamic Family Law Juridical Analysis of Case Number 014/Pdt.P/2015/PA.Stg Regarding Refusal of Kawing Dispensation at the Sintang Religious Court Wiranti, Wiranti; Muhibbin, Mohamad; Thamrin, Dahlan
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i1.2356

Abstract

The problems that occurred in the field, especially in the Sintang Class II Religious Court, were found from all the existing cases, there was one case that was rejected, namely case Number 014/Pdt.P/2015/PA.Stg. The purpose of this study is to describe and analyze the basic considerations of the judges of the Sintang Religious Court, the Juridical Factors against the rejection of the marriage dispensation, and the legal consequences of the rejection of the marriage dispensation based on the case decision Number 014/Pdt.P/2015/PA.Stg. This study uses a descriptive method with a qualitative approach. Data collection techniques are carried out through interviews, observation and documentation, and data analysis techniques are carried out by data reduction, data display and drawing conclusions. The results of this study indicate that the marriage dispensation procedure at the Sintang religious court is in accordance with the rules, only in case number 014/Pdt.P/2015/ PA.Stg.hakim using the rule. heavier harm by doing the lighter of the two." The factors that caused the rejection of the case were because the applicant's child objected and he was mature enough to marry the applicant's child's prospective wife.
Approval Of Sirri Marriage From The Perspective Of Islamic Law And State Law And Its Influence On The Position Of Wife, Children, And Property Hakim Noer, Chafidzul; Thamrin, Dahlan; Parmono, Budi
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 15 No. 01 (2026): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v15i01.2871

Abstract

Unregistered marriage (nikah sirri) is a complex legal phenomenon in Indonesia, as it is considered valid under Islamic law but not recognized by state law due to a lack of registration. This research aims to analyze the impact of unregistered marriages on the status of wives, children, and property from the perspectives of Islamic law and Indonesian positive law. The method used is normative juridical research with conceptual, legislative, and fiqh approaches. Primary data sources include Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law, and the Quran and Hadith, while secondary data are derived from relevant academic literature. The findings show that according to Islamic law, an unregistered marriage that fulfills the pillars and requirements is valid, thus wives, children, and property have the same status as registered marriages. However, under Indonesian positive law, unregistered marriages have no legal force because they are not registered at the Office of Religious Affairs or Civil Registry Office, resulting in wives lacking legal protection of their rights, children only having civil relations with their mothers, and joint property cannot be submitted to court without marriage confirmation (itsbat nikah). This research recommends the need for socialization on the importance of marriage registration and stricter law enforcement to protect the rights of women and children.
Co-Authors Hakim Noer, Chafidzul Muhibbin, Mohamad Parmono, Budi Wiranti, Wiranti