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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam
Arifuat Marzuki
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Kontekstualisasi Keabsahan Nikah Sirri Pendekatan Hermeneutika Abdullah Saeed Fikri Muh Ansor; Achmad Nursobah; Arifuat Marzuki
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

Indonesia, as a country with a Muslim-majority population, applies a legal system that integrates both religious and state law, including in matters of marriage. However, the practice of nikah sirri, a marriage that is religiously valid but not officially registered by the state, remains widespread and raises various legal and social issues, particularly affecting women and children. This study aims to analyze the validity of nikah sirri through Abdullah Saeed’s hermeneutical approach from the perspective of maqāshid syarī‘ah. The method employed is a library research approach by examining Qur’anic and Hadith texts related to marriage and reviewing Abdullah Saeed’s contextual interpretation. The findings reveal that marriage registration is not merely an administrative formality but a legal protection mechanism aligned with the Islamic principle of public welfare (maslahah). By applying Saeed’s five levels of value hierarchy, obligatory, fundamental, protective, implementational, and instructional, it can be understood that marriage registration is an essential effort to safeguard human rights and prevent social and legal harm. Abdullah Saeed’s contextual approach emphasizes that Islamic law is dynamic and adaptive to the changing times; therefore, marriage registration can be viewed as an actualization of maqāshid syarī‘ah values in the context of modern Indonesia.
Dampak Negatif Pernikahan Dini Terhadap Kualitas Hidup Perspektif Maqhasid Syariah dan Undang-Undang Pernikahan Nomor 16 Tahun 2019 Muhammad Ali Masykur; Hari Widiyanto; Arifuat Marzuki
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

Early marriage remains a prevalent phenomenon in Indonesia, with a profound impact on the quality of individuals’ lives. From the perspective of Maqāṣid al-Syarī‘ah, marriage is considered a completion of worship aimed at achieving human welfare. Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 on Marriage stipulates the minimum age for marriage for both men and women as 19 years old. This provision aims to prevent and minimize various negative consequences arising from the practice of early marriage. This study aims to analyze the essence of early marriage from the perspective of Law Number 16 of 2019 and Maqāṣid al-Syarī‘ah, identify the factors contributing to the high prevalence of early marriage, and examine its impacts on individuals’ quality of life.This research employs a qualitative method with a library research approach, enabling the researcher to gain an in-depth understanding of early marriage from the perspectives of Maqāṣid al-Syarī‘ah and the Compilation of Islamic Law, as well as its implications for individuals’ lives. The findings reveal that early marriage has negative impacts on various aspects of life, including family economic instability, low income levels, increased risks of poverty, divorce, and even neglect. Limited financial resources also lead to difficulties in accessing healthcare services, which consequently affects the overall quality of family health.
Rekonstruksi Konsep Wali Mujbir: Analisis Maqasid Syariah dan Konteks Sosial Kontemporer di Indonesia Nailul Muna Fadhli; Akhmad Muhaini; Arifuat Marzuki
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1631

Abstract

The opinions of the Salaf scholars on Islamic law, especially marriage, have been widely criticized by Muslim scholars today because they are considered irrelevant and violate women's rights. One of the study materials that has received attention lately is the concept of wali mujbir. This problem is felt to always roll and develop every time if the law is formulated without knowing the mindset and perspective of Islamic law itself. The purpose of this study is to determine the construction of Wali Mujbir in Islamic law and to find its context in the contemporary era using Maqasid Syariah and the social context in Indonesia. In this study, it was found that the concept of wali mujbir has lost its relevance and context in the contemporary era when viewed through maqasid syariah. Through a literature review by considering the social context, this study reveals the relevance and context of Wali Mujbir in Indonesia in order to achieve the maslahah summarized in al-kulliyat al-khoms. The author tries to combine text sources and opinions of Salaf-contemporary scholars so that there is no liberalization of the law but remains within the framework of revelation. Thus, this study provides an overview of the concept of Wali Mujbir and finds its context and essence in contemporary Islamic law.
Co-Authors Achmad Nursobah Akhmad Muhaini Fikri Muh Ansor Hari Widiyanto Muhammad Ali Masykur Nailul Muna Fadhli