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All Journal Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH)
M. Saeful Amri
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Religion Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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CONTEMPORARY ISSUES IN MIXED MARRIAGES: AN ISLAMIC LEGAL ANALYSIS OF LINGUISTIC ISSUES IN MARRIAGE CONTRACTS Wahyu Aji Pratama; M. Saeful Amri
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art2

Abstract

Purpose - This study examines the legal validity of Indonesian-Taiwanese mixed marriage contracts from an Islamic law perspective, specifically analyzing the impact of linguistic barriers in Ījāb Qabūl on fulfilling the requirements of tarāḍī (consent) and fahm al-'aqd (contract comprehension). This study fills a gap in contemporary Islamic jurisprudence studies regarding the legal implications of language barriers in marriage rituals that potentially affect contract validity. Method - This study employs an empirical juridical method integrated with a socio-legal approach, focusing on KUA Paguyangan, which handles Indonesian-Taiwanese mixed marriage cases with significant linguistic challenges. Primary data were collected through in-depth interviews with KUA officials, field observations of ceremony documentation, and analyses of official marriage records. Findings - This study reveals that cross-cultural Islamic marriages achieve validity through four key elements: linguistic innovation where Taiwanese grooms use native script with Indonesian vocalization (ḥifẓ al-ma'nā ma'a taghyīr al-rasm), legal framework fulfilling comprehension, pronunciation, witness validation, and willingness requirements, institutional adaptation by KUA officials balancing authenticity with accessibility, and theological alignment with Islamic principles of ease (taysīr), concession (rukhṣah), and public interest (maṣlaḥah). Research limitations - The research is limited to one case at KUA Paguyangan; thus, generalization requires caution. However, post-marriage aspects and cultural integration dynamics have not been explored. Originality/value - This research makes an original contribution to the study of Islamic family law in a global context by providing an in-depth analysis of practical solutions to overcome language barriers in religious rituals, which have not received adequate attention in previous academic literature.
Analisis Diskursus Kebijakan Vasektomi sebagai Prasyarat Bantuan Sosial: Studi Komparatif Perspektif Pragmatisme Politik dan Normatif Religius Pratama, Wahyu Aji; M. Saeful Amri
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.170

Abstract

The vasectomy controversy as a prerequisite for social assistance triggered by the statement of West Java Governor Dedi Mulyadi has caused a debate between pragmatic and religious perspectives in Indonesia. This study aims to analyze the construction of the pro-con arguments for vasectomy through the debate between Adi Armando and K.H.Kholil Nafis at the "Democracy Record" event on May 6, 2025. The research method uses library research with a descriptive qualitative approach and critical discourse analysis of the Norman Fairclough model which analyzes textual dimensions, discursive practices, and social practices. Data was obtained from transcripts of television shows, online news articles, policy documents, and MUI fatwas. The results of the study show that Adi Armando builds utilitarian arguments based on economic efficiency and "rational choice", while Kholil Nafis uses theological arguments that emphasize the concepts of fitrah and maqashid sharia. This debate reflects the tension between practical benefits and sharia normative provisions in regulating reproductive aspects, as well as implications for the structure of marital rights and obligations in Islamic family law which requires alternative solutions based on economic empowerment and temporary contraceptive methods.
Co-Authors Pratama, Wahyu Aji Wahyu Aji Pratama