Hukum Islam
Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW

EXPLORING THE INFLUENCE OF SHAFI'I SCHOOL AND ITS CORRELATION IN THE PRACTICE OF TAHLIL MARRIAGE IN INDONESIA

Ilham Pratama, Nurul Fikri (Unknown)



Article Info

Publish Date
20 Dec 2024

Abstract

Tahlil marriage, a legal practice rooted in the Shafi’i school of jurisprudence, has been assimilated into customary law across several regions in Indonesia, including Aceh, Jambi, Bengkulu, and Lombok. The enduring influence of the Shafi’i school in Indonesia is attributed to its early introduction during the initial spread of Islam in the archipelago by Shafi’i scholars and preachers. This influence persists today, as seen in the prevalence of Islamic boarding schools that rely on classical Shafi’i fiqh texts as their core references. Among traditionalist communities, classical fiqh continues to guide societal practices such as worship, transactions, and marriage. Although tahlil marriage is not recognized as valid under Indonesia’s positive law, some customary laws influenced by Islamic principles uphold it as a solution to reconcile couples following the pronouncement of triple divorce (talak tiga) outside the formal judicial system. Using a qualitative, literature-based approach, this study examines the concentration of the Shafi’i school in Indonesia as a key factor contributing to the persistence of tahlil marriage practices in various regions.Key words:Tahlil marriage, Shafi’ijurisprudence, customary law, Indonesia.

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Journal Info

Abbrev

HUKUM ISLAM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Islam dengan nomor (Print ISSN 1411-8041) (Online ISSN 2443-0609) merupakan jurnal yang diterbitkan oleh Fakultas Syariah dan Hukum Universitas Islam Negeri Sultan Syarif Kasim Riau sebagai media pengkajian dan penyajian karya ilmiah terutama bidang hukum Islam. Jurnal ini pertama ...