Syariah: Jurnal Hukum dan Pemikiran
Vol 14, No 1 (2014)

PERNIKAHAN DENGAN WALI MUHAKKAM (STUDI TENTANG IMPLIKASI DAN PERSEPSI ULAMA DI KOTA BANJARMASIN)

SYUKUR, ABDUL KADIR (Unknown)



Article Info

Publish Date
17 Sep 2014

Abstract

Marriage ideally using guardian nasab who still have blood relations with the bride. But there are many obstacles that cause the marriage cannot use the guardian nasab. In that situation, the guardian is replaced by the magistrate guardian. But some people want to take the easy path by treat Ulema, religious teacher, or certain figure as guardian Muhakkam. Basically, they are not entitled to be the marriage guardian, but this marriage practices are still occured, including in Banjarmasin. Is paper examines the issues of guardian nasab and muhakkam in the marriage. This paper results indicate that the reasons of using guardian muhakkam in marriage are because of the reluctance to deal with magistrate guardian and the desire to take the easy path in marriage. In the opinion of Ulama, that marriage is not valid because there is still a magistrate guardian authorized. Besides, that marriage causes a lot of disadvantage, especially for the wife. It is because the absence of legal force (marriage certificate), the difficulty to sue the rights of wife and child, and the difficulty to have a birth certificate.

Copyrights © 2014






Journal Info

Abbrev

syariah

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Syariah specializes on Law and Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related ...