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All Journal al-Afkar, Journal For Islamic Studies USRAH: Jurnal Hukum Keluarga Islam
Izzul Mutho`
Kementerian Agama Kabupaten Kendal, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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PRAKTIK PENGANGKATAN ANAK DI KABUPATEN PACITAN: IMPLIKASI ADMINISTRASI KEPENDUDUKAN TERHADAP PERWALIAN NIKAH DALAM PERSPEKTIF FIQH MUNAKAHAT Doni Isroyan; Izzul Mutho`
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/34k46t59

Abstract

This study analyzes child adoption practices in Pacitan Regency and its implications for marriage guardianship from a Fiqh Munakahat perspective. The primary focus is the administrative recording of adoptive parents' names in birth certificates, which potentially obscures a child's lineage (nasab). Through qualitative field research at the Pacitan Civil Registration Office, Religious Court, and Arjosari Religious Affairs Office, it was found that the Civil Registration Office employs a "marginal note" (catatan pinggir) policy to maintain the authenticity of the child's origins based on court decrees. Sociologically, legal awareness for formalizing adoption remains low in Pacitan, as most cases are handled informally due to economic or educational factors. In Fiqh Munakahat, adoption does not automatically grant marriage guardianship rights to adoptive parents; these rights remain with the biological guardian (wali nasab) as stipulated in Surah Al-Ahzab verse 5. The marginal note policy is considered a form of maslahah mursalah that upholds the principle of hifdz al-nasab for the validity of marriage under Sharia law. Keywords:  Child Adoption; Birth Certificate; Marriage Guardianship; Fiqh Munakahat; Pacitan Regency.  
Postponement of Marriage due to Inability to Read the Qur'an in Community Traditions Perspective of Munakahat Fiqh and Maslahah Murlah Khuzaifah Khuzaifah; Izzul Mutho`
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3304

Abstract

The tradition of requiring the ability to read the Qur’an for prospective brides and grooms in Lambu District, Bima Regency, represents a living socio-religious practice with strong normative influence in the marriage process. In practice, this tradition may lead to the postponement of the marriage contract for individuals who have not yet met the required level of Qur’anic literacy. This study aims to analyze the legal status of the Qur’an-reading tradition from the perspective of Islamic marriage jurisprudence (fiqh munakahat) and to assess its relevance through the approaches of maslaḥah mursalah and ‘urf. This research employs a qualitative method with a juridical-sociological approach. Data were collected through interviews, observation, and documentation, and analyzed using descriptive-analytical techniques. The findings indicate that the ability to read the Qur’an is neither a pillar nor a legal requirement for the validity of marriage according to classical fiqh and the Compilation of Islamic Law. Nevertheless, this tradition may be categorized as valid custom (‘urf sahīh) because it does not contradict Islamic legal texts and serves to strengthen religious values within marriage. From the perspective of maslaḥah mursalah, the tradition contains clear benefits, particularly in the form of premarital religious guidance and the enhancement of moral readiness among prospective spouses. Therefore, the Qur’an-reading tradition should be maintained as a form of religious guidance, provided that it is not positioned as a mandatory legal requirement for the validity of marriage.
Co-Authors Doni Isroyan Khuzaifah Khuzaifah