At-Tanwir Law Review
Vol 6, No 1 (2026): Februari 2026

Analisis Kompilasi Hukum Islam Terhadap Praktik Kawin Turun di Desa Olibu Kec. Paguyaman Pantai Kab. Boalemo

Firdaus, Afriani (Unknown)
Dali, Muh. Amin (Unknown)
Kasim, Warsito (Unknown)



Article Info

Publish Date
02 Mar 2026

Abstract

This study aimed to analyze the practice of kawin turun in Olibu Village, Paguyaman Pantai District, Boalemo Regency, and to examine its legal implications under the Compilation of Islamic Law (KHI). Kawin turun referred to a customary form of marriage conducted without official registration at the Office of Religious Affairs (KUA) and was not followed by a complete, enduring household life. The practice emerged as a response to out-of-wedlock pregnancy to preserve family honor and satisfy social expectations. The study employed a qualitative approach with a descriptive-analytical method. The findings indicated that kawin turun did not fully satisfy the pillars and conditions for a valid marriage under Islamic law or the state’s positive law. Consequently, the marriage was not legally recognized, legal protection for women and children was weakened, and civil rights—such as maintenance (nafkah), inheritance, and the child’s legal status—became vulnerable. Therefore, more intensive legal education and religious guidance consistent with sharia principles were needed so that the community understood the importance of marriage registration and the cultivation of marriages characterized by sakinah, mawaddah, and rahmah.Keywords: kawin turun; Compilation of Islamic Law; customary law; marriage; Gorontalo.

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Journal Info

Abbrev

Atlarev

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

At-Tanwir Law Review (At-Tanwir Law Rev. - ATLAREV) is a peer-reviewed journal published by Faculty of Law, Universitas Muhammadiyah Gorontalo. ATLAREV published two times a year in June and December. This journal provides immediate open access to its content on the principle that making research ...