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All Journal Mutawasith: Jurnal Hukum Islam Al-Usroh : Jurnal Hukum Keluarga Islam
Imam Faishol
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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FENOMENA MARRIAGE IS SCARY: TANTANGAN KONTEMPORER TERHADAP IMPLEMENTASI UU PERKAWINAN DI INDONESIA Imam Faishol
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 3 No. 02 (2025): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v3i02.813

Abstract

The widespread phenomenon of “Marriage is Scary” on social media represents a shift in the perception of Indonesian Generation Z towards the institution of marriage. This study aims to analyze the implications of this phenomenon on the implementation of Law Number 1 of 1974 concerning Marriage. Through a socio-legal approach, the study reveals that the fear of marriage triggered by economic, psychological, and socio-cultural factors has created structural challenges for marriage law, which is built on normative assumptions about marriage as a desirable social norm. Data from the Central Statistics Agency shows a significant and sustained decline in the number of marriages from 2,110,776 (2014) to around 1,478,302 (2024), confirming the real impact of this phenomenon and signaling a change in social paradigm. The research findings reveal three main challenges: (1) the irrelevance of the Ministry of Religious Affairs' marriage guidance function, (2) disruption to the marriage registration system and population projections, and (3) regulatory gaps that do not accommodate the phenomenon of delayed and reluctant marriage. The study concludes that the Marriage Law requires a paradigmatic reorientation that is responsive to social change and recommends a holistic, integrative approach that encompasses legal, economic, and psychological aspects.
Pernikahan dalam Keadaan Ihram: Analisis Fikih Munakahat Mazhab Hanafi Imam Faishol
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1436

Abstract

This research is motivated by the contradiction of hadiths regarding the law of marriage contracts during ihram, which results in a sharp difference of opinion between the majority of scholars (who forbid it) and the Hanafi School (which permits it). The study aims to fundamentally analyze the internal arguments of the Hanafi School regarding this permissibility, focusing on linguistic aspects (wording), qiyas methods, and sanad criticism. This research uses a normative-textual qualitative method through a literature review of primary Hanafi fiqh books such as al-Hidayah and al-Mabsuth. The findings reveal that the permissibility in the Hanafi School is based on a conceptual distinction between the contract (aqd) and sexual intercourse (jima'), where the prohibition in the texts is interpreted as applying only to physical relations, not to the contractual transaction. This conclusion is supported by three main pillars: linguistic interpretation of the term “nikah”, the application of qiyas equating a marriage contract with other civil contracts, and critical assessment of the hierarchy of evidence. 
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