Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Makkah: Journal Of Islamic Studies
Alfi Karomah
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Education Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
LEGAL FORMALISM VS SOCIAL-RELIGIOUS REALITY: A PROGRESSIVE LEGAL ANALYSIS OF CRIMINAL PENALTIES FOR UNREGISTERED MARRIAGES UNDER THE 2023 NATIONAL CRIMINAL CODE Alfi Karomah; M. Firza Rausyan Fikri; M. Syukron Jazil; Miftahus Sholehudin
Makkah: Journal Of Islamic Studies Vol. 2 No. 2 (2026): Juni
Publisher : Makkah: Journal Of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research examines Article 412 of Law No. 1 of 2023 on the National Criminal Code from a progressive legal perspective concerning the practice of nikah siri in Indonesia. The persistence of nikah siri within Muslim communities reflects a tension between the state’s legal formalism, which requires marriage registration, and the socio-religious reality that considers marriage valid once religious pillars and requirements are fulfilled. This research aims to ana­lyze the normative construction of Article 412 of the National Criminal Code toward unregis­tered marriage couples and to examine the conflict between formal law and social reality. The research employs a normative juridical method using statutory and conceptual approaches based on Satjipto Rahardjo’s progressive legal theory. The findings reveal that Article 412 has the potential to criminalize couples in nikah siri marriages because state law does not clearly distinguish between cohabitation and marriages that are religiously valid but administratively unregistered. Such criminalization reflects an overly formalistic legal approach that fails to ad­dress the root causes of the issue, including limited access to marriage registration, economic constraints, and the strong socio-religious legitimacy of nikah siri. Therefore, a more humane and substantively just legal policy reform is required through strengthening marriage valida­tion mechanisms (isbat nikah), expanding access to marriage registration, and providing stronger legal protection for women and children.
STUDI KOMPARATIF RUKUN DAN SYARAT PERKAWINAN DALAM PERSPEKTIF FIQH KLASIK DAN NEGARA MESIR Alfi Karomah; Muhammad Abror Suriyanto; Ahmad Izzuddin
Makkah: Journal Of Islamic Studies Vol. 1 No. 4 (2025): Desember
Publisher : Makkah: Journal Of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the pillars and conditions of marriage from the perspectives of Islamic jurisprudence (fiqh) and Egyptian positive law, and to compare them within the framework of contemporary Islamic family law. The focus of the analysis is directed at identifying both the differences and similarities in the views of Islamic legal schoolsparticularly the Hanafi schooland the regulation of marriage law in Egypt, which has undergone processes of codification and modernization. This research employs a normative legal research method with a comparative approach, drawing upon classical fiqh literature, Egyptian statutory regulations, and relevant contemporary scholarly works. The findings indicate that Egyptian marriage law substantively adopts the principles of Hanafi fiqh, while simultaneously introducing adjustments through the establishment of a minimum age for marriage, the mandatory registration of marriage, and the strengthening of legal protection for women and children. From a comparative perspective, it can be concluded that Egyptian marriage law represents a model of integration between Islamic legal norms and modern state law. Therefore, an integrative approach that combines madhhab-based fiqh, maqāṣid al-sharī‘ah, and the demands of positive law is essential to maintain the relevance and legitimacy of Islamic family law in addressing contemporary social challenges.
Co-Authors Ahmad Izzuddin M. Firza Rausyan Fikri M. Syukron Jazil Miftahus Sholehudin Muhammad Abror Suriyanto