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All Journal Sakina: Journal of Family Studies Journal of Islamic and Law Studies (JILS)
Maulana, Moch. Ahsin
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Islamic Family Law Reform in Indonesia, Türkiye, and Tunisia: A Pierre Bourdieu Perspective Maulana, Moch. Ahsin
Sakina: Journal of Family Studies Vol 10 No 1 (2026): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v10i1.25175

Abstract

This research is motivated by the tension between the modernization of Islamic family law and the resistance of conservative groups in Muslim-majority countries. The primary research problem examines how the sociological and intellectual backgrounds of reformist actors influence the reception and implementation of law in Indonesia, Türkiye, and Tunisia. The novelty of this study lies in the application of Pierre Bourdieu’s Social Practice Theory to dissect the dynamics of legal reform, an approach that transcends conventional textual analysis by highlighting the role of human agency. The research method is qualitative with a comparative study approach. The data corpus is derived from historical literature, the biographies of central figures such as Kartini, Rohana Kudus, Mustafa Kemal Atatürk, and Habib Bourguiba, as well as formal legal manuscripts including Indonesia's 1974 Marriage Law, the Turkish Civil Code, and the Tunisian Code of Personal Status. Bourdieu's theoretical lens is used to analyze the interconnectedness between habitus (mental disposition), capital (cultural and symbolic capital), and field (the arena of legal contestation). Comparative findings indicate three primary patterns: radical secularization in Türkiye which abolished Islamic law, progressive state-led ijtihad in Tunisia that prohibited polygamy, and a gradual-dialectic in Indonesia that synthesized religious law with state administration. This study concludes that the success of legal reform depends heavily on the actors' ability to capitalize on symbolic capital to transform social habitus.
Co-Authors Jannah, Hilda Rahmatul Kusuma Putri, Kristiani Virgi Setiawan, Regina Farah Wulandari, Niken Retno