Al-Amin: Jurnal Ilmu Pendidikan dan Sosial Humaniora
Vol. 3 No. 2 (2026): Al-Amin: Jurnal Ilmu Pendidikan dan Sosial Humaniora

Kawin Kontrak (Nikah Mut’ah) dalam Perspektif Hukum Islam dan Hukum Perkawinan Indonesia

Widia Gustiana Safitri (STAI Nurul Falah Air Molek, Indonesia)
Rifa’ Rohimah (STAI Nurul Falah Air Molek, Indonesia)
Desmi Satriana (STAI Nurul Falah Air Molek, Indonesia)



Article Info

Publish Date
05 Jan 2026

Abstract

The practice of temporary marriage or nikah mut’ah remains a controversial phenomenon, raising legal, religious, and social concerns, particularly regarding women’s protection and marital legality. This study aims to examine contract marriage from the perspectives of Islamic law and Indonesian marriage law, focusing on its legal basis, historical background, and social implications. This research employs a qualitative approach using a descriptive-analytical method. The data consist of primary and secondary sources. Primary data were obtained through semi-structured interviews with religious leaders, while secondary data were collected from literature reviews, including scholarly journals, books, statutory regulations, religious fatwas, and related legal documents. The findings indicate that although nikah mut’ah was temporarily permitted during the early period of Islam under emergency conditions, it was later permanently prohibited for contradicting the fundamental objectives of marriage in Islam. From the perspective of Indonesian positive law, contract marriage is also deemed invalid as it violates Law No. 1 of 1974 on Marriage and fails to fulfill the essential legal requirements of a lawful marriage. Furthermore, the practice generates significant negative impacts, such as legal uncertainty for women and children, social vulnerability, and family instability. This study concludes that contract marriage lacks both religious and legal legitimacy and poses greater social harm than potential benefits, thereby necessitating its avoidance to preserve the integrity of marriage as a social and religious institution

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Journal Info

Abbrev

alamin

Publisher

Subject

Religion Humanities Education Other

Description

This journal publishes original articles on the latest issues and trends occurring in education curriculum, learning, policies, and teacher preparation to advance knowledge of education theory and practice, Social Sciences, Culture, Education, History, Tourism, Gender, Media and Communication ...