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All Journal Journal of Islamic and Law Studies (JILS) Wasīlah: Journal Of Sharia Sciences
Wulandari, Niken Retno
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Practice of Muhallil Marriage as a Legal Loophole in The Enforcement of Islamic Family Law in Indonesia Kusuma Putri, Kristiani Virgi; Jannah, Hilda Rahmatul; Wulandari, Niken Retno; Maulana, Moch. Ahsin; Setiawan, Regina Farah
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.18079

Abstract

Marital conflicts may lead to divorce, and after a third talaq, reconciliation is only lawful through nikah muhallil. Although valid if meeting legal requirements, the Prophet Muhammad (PBUH) condemned this practice when done merely to allow remarriage with a former husband, as it opposes the true purpose of marriage. This normative juridical study analyzes Indonesian Islamic family law enforcement concerning nikah muhallil using statutory and ushul fiqh approaches. Findings reveal that while Al-Baqarah 2:230 is often cited to justify nikah muhallil, its misuse legitimizes contractual marriages that undermine women’s dignity and the noble aims of marriage (maqashid al-nikah). Currently, Indonesian law does not explicitly regulate this practice. Existing laws—such as the Marriage Law and the Compilation of Islamic Law (KHI)—stress marriage’s goal of building a lasting, harmonious family. However, due to legal gaps, nikah muhallil still occurs in areas like Padarincang, Kampar, and Muko Muko Bathin VII. Therefore, reformulating the KHI to explicitly prohibit nikah muhallil and strengthening premarital education are essential to preserve the sanctity and justice of marriage.
NIKAH MISYAR ANTARA KEMASLAHATAN DAN KEMUDARATAN: TINJAUAN MAQĀṢID AL-SYARĪ‘AH Fauzul Kabir; Wulandari, Niken Retno
Wasīlah: Journal Of Sharia Sciences Vol. 2 No. 1 (2026): Februari
Publisher : Wasīlah: Journal Of Sharia Sciences

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Abstract

Misyar marriage is a contemporary phenomenon in Islamic family law that continues to generate scholarly debate due to its divergence from conventional marital arrangements, particularly in relation to the fulfillment of spousal rights and obligations. This article analyzes misyar marriage through the lens of Islamic legal philosophy by examining the interaction between normative legal validity, ethical considerations, and the objectives of Islamic law (maqāṣid al-sharīʿah). The study adopts a normative-theological legal method based on library research and employs a descriptive-analytical approach to assess classical and contemporary legal opinions. The findings indicate that misyar marriage is normatively valid because it fulfills the essential pillars and legal requirements of marriage as recognized in Islamic jurisprudence. Nevertheless, when evaluated from the maqāṣid perspective, misyar marriage presents an ambivalent position between potential benefit (maṣlaḥah) and harm (mafsadah). Consequently, this form of marriage should not be widely promoted and may only be justified under conditions of necessity, accompanied by strict moral responsibility and legal supervision to safeguard the fundamental objectives of Islamic family law.
Co-Authors Fauzul Kabir Jannah, Hilda Rahmatul Kusuma Putri, Kristiani Virgi Maulana, Moch. Ahsin Setiawan, Regina Farah