International Journal of Health, Economics, and Social Sciences (IJHESS)
Vol. 6 No. 4: October 2024

Comparative Analysis of The Family Law Systems in Indonesia and Saudi Arabia in The Context of Unregistered Marriage: Maqashid Al-Syari’ah Perspective

Nawir, Ahmad (Unknown)
Suarning, Suarning (Unknown)
Aris, Aris (Unknown)
L, Sudirman (Unknown)
Haq, Islamul (Unknown)



Article Info

Publish Date
23 Oct 2024

Abstract

This research analyzes family law systems in Indonesia and Saudi Arabia regarding marriage from a Maqasid al-Sharia perspective. It examines issues such as serial marriage practice, implications in both countries, and Maqashid al-Shari'ah's view on marriage registration. The study aims to analyze serial marriage practice, its implications, and Maqashid al-Shari'ah's perspective on marriage registration. It employs a library research method with a normative juridical approach. Primary sources include Islamic marriage regulations, Legal Regulations on Marriage KHI, Saudi law, and library literature. Findings reveal reasons for serial marriages in Indonesia and Saudi Arabia, influenced by social, cultural, and economic factors. Both countries face legal and social challenges for children from such marriages. Implications of serial marriages include legal uncertainty, limited access to public services, and health risks. In Indonesia, marriage status is not officially recognized, while in Saudi Arabia, women lack legal protection against health and domestic violence risks. Maqashid al-Shari'ah emphasizes maintaining religion, offspring, and property through marriage registration

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Journal Info

Abbrev

IJHESS

Publisher

Subject

Economics, Econometrics & Finance Public Health Social Sciences

Description

nternational Journal of Health, Economics, and Social Sciences (IJHESS) is a peer-reviewed electronic international journal. This statement clarifies ethical behaviour of all parties involved in the act of publishing an article in this journal, including the author, the chief editor, the Editorial ...