JISH (Jurnal Ilmu Syariah dan Hukum)
Vol. 6 No. 1 (2026): JISH (Jurnal Ilmu Syariah dan Hukum)

Rukshah Yang Merusak Makna Perkawinan: Tinjauan Hukum Kawin Mut’ah dari Perspektif Hukum Islam

Bhisma Putra Rozi, Zulfiqar (Unknown)
Islami, Nurul (Unknown)



Article Info

Publish Date
30 Mar 2026

Abstract

Rukshah is defined as a concession in carrying out Islamic law by observing certain conditions. The legal consequence for someone who receives rukshah is that they are permitted to refrain from or do something that is essentially contrary to sharia. Currently, there is a phenomenon of mut'ah marriage among Indonesian Muslims. Historically, the basis for its validity is that Mut'ah Marriage is considered one of the rukshah in marriage, which is still debated regarding its permissibility and legality. This study uses a normative juridical method with a conceptual and historical approach to examine the true meaning or essence of the concept of rukshah so that it can answer whether current conditions can still be categorized as rukshah for performing mut'ah marriage. The results of the study show, using the principle of maqasid al syari'ah, that rukshah can only be given in emergency situations to maintain the public interest and the current condition cannot be interpreted as an emergency, so it is forbidden to perform mut'ah marriage.

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Journal Info

Abbrev

jish

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JISH (Jurnal Ilmu Syariah dan Hukum), is a peer-reviewed journal published by the IAI DDI Polman. JISH: Jurnal Ilmu Syariah dan Hukum is published twice yearly (Maret and September). JISH: Jurnal Ilmu Syariah dan Hukum journal aims to facilitate and disseminate innovative and creative ideas of ...