A Review of the Compilation of Islamic Law (KHI) on Forced Pariban Marriages Due to Family Demands: (A Case Study in Teluk Karang Village)

Andika Wahyu Yudhana (Universitas Islam Negeri Sumatera Utara)
Zulkifli Nas (Universitas Islam Negeri Sumatera Utara)

Al Fuadiy: Jurnal Hukum Keluarga Islam
Article in Press

Forced marriage is still found in communities that maintain the pariban marriage tradition, particularly among the Batak ethnic group, including the Mandailing community. This tradition generally aims to maintain kinship relations, preserve family assets, and sustain customs passed down from generation to generation. However, in its implementation, some marriages take place without the full consent of the prospective spouses. This study aims to analyze the perspective of the Compilation of Islamic Law (KHI) on forced pariban marriages due to family demands and to examine the factors underlying such marriages in Teluk Karang Village, Bajenis District, Tebing Tinggi City, North Sumatra Province. This research employs an empirical juridical method with Islamic law and legal sociology approaches. Data were obtained through interviews with parents, individuals involved in pariban marriages, and members of the local community, supported by legislation, the Compilation of Islamic Law, books, and scientific journals. The data were analyzed qualitatively. The results show that forced pariban marriages are influenced by family pressure, the desire to preserve customary traditions, and concerns about weakening kinship relations. Pariban marriage is permissible as long as it does not involve coercion, because the purpose of marriage is to establish a family characterized by sakinah, mawaddah, and rahmah. Therefore, the consent of both prospective spouses is essential. From the perspective of the Compilation of Islamic Law, forced marriage contradicts Article 16 paragraph (1), which requires the consent of both prospective spouses. From the perspective of maqāṣid al-sharī‘ah, the pariban tradition may provide benefits through the preservation of lineage (ḥifẓ al-nasl) and family relationships. However, when carried out through coercion, it may cause harm to the protection of life (ḥifẓ al-nafs). Therefore, forced pariban marriage is inconsistent with the Compilation of Islamic Law and the objectives of maqāṣid al-sharī‘ah when conducted without the consent of both prospective spouses.