USRAH: Jurnal Hukum Keluarga Islam
Vol. 6 No. 2 (2025): April

NIKAH MISYAR DALAM PRESPEKTIF HUKUM PROGRESIF DAN UNDANG-UNDANG PERKAWINAN DI INDONESIA

Khiyaroh, Khiyaroh (Unknown)



Article Info

Publish Date
29 Apr 2025

Abstract

This study discusses the practice of misyar marriage which is still one of the contemporary issues. Some scholars allow the practice of misyar marriage as long as the conditions and pillars of marriage are met. But in practice, misyar marriage is carried out because of a problem, such as infidelity, covering up the marriage of the previous wife, etc. In the implementation of misyar marriage, some of the wife's rights were deliberately not given. But if the wife is happy in this case, it will be a reward in itself. With the development of the times and the number of women who are able to meet their needs independently, whether in the future misyar marriage can be used as an alternative in national marriage law or not. The author will conduct research with a type of literature research. The author will collect data from various sources, both books, articles and rules related to misyar marriage. The author will analyze with a Normative Juridical approach. The theory used is the Progressive Law of Sadjipto Rahardjo and with the Marriage Law in Indonesia. The result of this study is that nikah misyar although legally valid is religious but not justified according to the view of progressive law and the marriage law in Indonesia. Because Nikah misyar is not in line with the principle of substantive justice, it does not protect the vulnerable and is also not in accordance with the principles in the Marriage Law because it does not pay attention to the position of women.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...