IJOIS: Indonesian Journal of Islamic Studies
Vol. 7 No. 1 (2026)

The Husband’s Absolute Authority in Nikah Sirri: An Analysis of Maqāṣid al-Syarī’ah on Women’s Rights

Hanafi, Sahrul (Unknown)
Akhmadi, Nurman (Unknown)
Ahmad Saebani, Beni (Unknown)
Fautanu, Idzam (Unknown)



Article Info

Publish Date
18 May 2026

Abstract

The practice of nikah sirri in Indonesia often results in the husband’s absolute authority, which is detrimental to women due to the lack of state legal protection. This study aims to analyze the impact of such authority on women’s rights through the perspective of Maqāṣid al-Syarī’ah and to propose a reconstruction of family law. The method employed is normative legal research with an ecosentric approach, examining laws, legal concepts, and court rulings. The results of the study indicate that absolute authority in secret marriages disrupts the family justice ecosystem and violates the principles of Maqāṣid, particularly the protection of life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Women face structural vulnerabilities in the form of the loss of maintenance rights, shared property, and the legal status of their children. In conclusion, this practice contradicts the spirit of substantive Islamic justice. A legal reconstruction is needed to strengthen the role of the state and judges as guardians of the balance of the justice ecosystem, as well as a reinterpretation of the concept of qiwamah based on consultation and gender justice. Marriage registration must be viewed as a Sharia instrument to guarantee human dignity, not merely an administrative formality.

Copyrights © 2026






Journal Info

Abbrev

ijois

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Indonesian Journal of Islamic Studies, is a double-blind peer-reviewed journal published by Civiliza Publishing, Indonesia. The journal publishes research articles, conceptual articles, reports field studies and book reviews of islamic studies (See Focus and Scope). The articles of this journal are ...