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All Journal PUTIH JURNAL PENGETAHUAN TENTANG ILMU DAN HIKMAH Makkah: Journal Of Islamic Studies
Alfi Karomah
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Library & Information Science Social Sciences Other

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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

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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

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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.
Mithaqan Ghalizan: Eksplorasi Makna Spiritual dalam Menjawab Fenomena "Marriage is Scary" di Platform TikTok Alfi Karomah; Misbahul Hadi
PUTIH: Jurnal Pengetahuan Tentang Ilmu dan Hikmah Vol. 10 No. 1 (2025): PUTIH: Jurnal Pengetahuan tentang Ilmu dan Hikmah Vol. X No. I
Publisher : Mahad Aly Al Fithrah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51498/putih.2025.10(1).17-38

Abstract

The ‘marriage is scary’ phenomenon that went viral on the TikTok platform reflects the younger generation's apprehension towards the institution of marriage, which is often associated with great responsibility, uncertainty and potential failure. This study explores the spiritual significance of the concept of mi>tha>qan gha>liz}an a term in the Qur'an that refers to a strong covenant in the context of marriage as a response to this narrative of fear. Using a qualitative approach based on literature review and content analysis, this study examines the relevance of spiritual values in dealing with the crisis of perception towards marriage. The results of the exploration show that mi>tha>qan gha>liz}an offers a holistic perspective on marriage as a commitment that is not only contractual but also sacred, rooted in moral, spiritual and social responsibilities. A deep understanding of this concept can be a solution to reduce the fear of marriage, as well as inspire the younger generation to view marriage as a meaningful spiritual journey. This research makes an important contribution in formulating a new approach to marriage education, especially in a digital era filled with negative narratives about the institution of family.
Co-Authors Ahmad Izzuddin M. Firza Rausyan Fikri M. Syukron Jazil Miftahus Sholehudin Misbahul Hadi Muhammad Abror Suriyanto