Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Vol 11, No 2 (2024): October

Validation of Pasu-Pasu Raja Marriage through Itsbat Nikah in the Perspective of Positive Law and Islamic Law: An Analysis of the Tarutung Religious Court Ruling

Reza Kresna Adipraya (Universitas Islam Negeri Sumatera Utara)
Mhd Yadi Harahap (Universitas Islam Negeri Sumatera Utara)
Fatimah Fatimah (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 Oct 2024

Abstract

This study investigates the legal validation of pasu-pasu raja marriages, a traditional Batak Toba ritual, at the Tarutung Religious Court, particularly in cases involving converts to Islam. The research explores three primary issues: the legal status of pasu-pasu raja under Indonesian law and Islamic law, the requirements for validating such marriages for converts, and the judicial responses at the Tarutung Religious Court. Employing a normative juridical approach with case study analysis, the findings indicate that while pasu-pasu raja is not part of the formal Islamic marriage process, it can serve as a cultural complement to a legally valid Islamic marriage. Under Indonesian positive law, itsbat nikah (marriage validation) is permissible for convert couples, provided the marriage complies with Islamic principles and is free from legal barriers. Most Islamic scholars affirm the validity of non-Muslim marriages post-conversion, without the necessity of a new marriage contract. The Tarutung Religious Court aligns with this perspective, offering legal certainty to converts without mandating a new contract. This legal recognition is consistent with the principles of maqashid asy-syar'iyyah, which emphasize the welfare and legal legitimacy of marriages

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Journal Info

Abbrev

mizani

Publisher

Subject

Description

Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and ...