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All Journal Majelis: Jurnal Hukum Indonesia Makkah: Journal Of Islamic Studies
Niken Retno Wulandari
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Dasar Wajib Patuh pada Undang-Undang Perkawinan Niken Retno Wulandari
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i4.1227

Abstract

This study discusses the basis of Indonesian society’s obligation to comply with the Marriage Law (UUP) as a manifestation of obedience to both state law and religious teachings. The study arises from the reality that, despite the UUP and the Compilation of Islamic Law (KHI) serving as the legal foundation for marriage in Indonesia, many still violate its provisions, such as through unregistered (siri) marriages. Using a normative juridical approach and qualitative descriptive analysis, this research examines the juridical, philosophical, and sociological foundations of legal obedience to the UUP and its implications for family and social life. The findings show that juridically, obedience to the UUP is grounded in the principle of legality and state sovereignty; philosophically, it reflects the values of Divinity and Humanity embodied in Pancasila; and sociologically, it functions as social engineering to protect women and children while ensuring social order. Compliance with the UUP therefore holds not only legal but also moral and spiritual significance, serving as a means to achieve harmonious families, social order, and a just nation.
POLIGAMI SEBAGAI RUKHSAH: ANALISIS KEADILAN DAN RELEVANSINYA DALAM FILSAFAT HUKUM ISLAM Fauzul Kabir; Niken Retno Wulandari
Makkah: Journal Of Islamic Studies Vol. 1 No. 4 (2025): Desember
Publisher : Makkah: Journal Of Islamic Studies

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Abstract

: In Islamic law, polygamy is not an absolute obligation or recommendation, but rather a dispensation (rukhsah) that is strictly regulated, with the primary condition being the ability to act justly. This article discusses polygamy from the perspective of Islamic legal philosophy by examining its normative basis in the Qur'an, specifically QS. An-Nisa: 3, which permits polygamy with up to four wives, emphasizing justice. The context of the revelation of this verse relates to the protection of the rights of orphans and widows after war. Analysis shows that although permitted, polygamy in practice often struggles to fulfill the essential condition of true justice, as affirmed in QS. An-Nisa: 129. The ruling on polygamy is conditional and must align with Maqāṣid al-Sharī'ah, which are to preserve the interests of religion, life, intellect, lineage, and property. In a contemporary context, polygamy tends to produce negative effects such as family conflict and injustice if not practiced with full responsibility. Therefore, polygamy should be understood as a limited option that may only be implemented when it truly fulfills the principles of justice and benefit.  
Co-Authors Fauzul Kabir