IIJSE
Vol 8 No 2 (2025): Sharia Economics

Analysis of Islamic Law and Positive Law on Marriage Due to Violation of Moral Norms

Siregar, Muhammad Sya’ban (Unknown)
Syam, Syafruddin (Unknown)
Firmansyah, Heri (Unknown)



Article Info

Publish Date
14 Feb 2025

Abstract

Violations of moral norms often have significant social impacts, one of which is marriage which is carried out as a form of resolving moral conflicts in society. This article aims to analyze marriage due to violations of moral norms in Pematang Siantar City based on the perspective of Islamic law and positive law in Indonesia. In Islamic law, marriage is often considered a solution to normalize social relations after the occurrence of a violation, although there are requirements and principles that must be met. Meanwhile, positive law in Indonesia emphasizes the formal legality aspect and does not explicitly regulate the obligation to marry in such situations. This study also discusses various social implications that arise as a result of this phenomenon, such as social pressure on the individuals involved, as well as its impact on household stability. Using a normative-juridical approach, this article reviews how the two legal systems view this phenomenon, as well as providing an overview of the integration efforts between religious, legal, and cultural values in resolving this problem. The results of the analysis show that a comprehensive approach is needed to handle marriage cases due to violations of moral norms, in order to ensure justice for all parties involved.

Copyrights © 2025






Journal Info

Abbrev

iijse

Publisher

Subject

Economics, Econometrics & Finance

Description

The Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) is Sharia Economics Journal published by Sharia Economics Department Institut Pesantren KH. Abdul Chalim, Mojokerto. The Journal focuses on the issues of Sharia Economics, the History of Islamic Economic Thought, Islamic Law, Local ...