Menyoal Legalitas Nikah Sirri: Analisis Metode Istiṣlāḥiyyah

Fakhria, Sheila (2016) Menyoal Legalitas Nikah Sirri: Analisis Metode Istiṣlāḥiyyah. al-Ahwal: Jurnal Hukum Keluarga Islam, 9 (2). pp. 185-200. ISSN 2085-627X, 2528-6617

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Abstract

Siri marriage (unregistered marriage) is the one that has met the terms and pillars that have been established by the Islamic law and have been strengthened by the opinion of the classical Moslem scholars. Siri marriage is no longer able to achieve the function of the Islamic pillarsand terms of marriage, especially the witnesses of marriage, which aims to announce a marriage as a guarantee of the rights for the bride, the bride’s family and the society. The consideration of siri marriage today is the benefts. This article confrms that marriage registration is a large-scale of the witness’s position to achieve the objective of the witness to the society. Thus, marriage is no longer only performed as the terms and pillars that are established by the Moslem scholars, but it also involves the state in order to guarantee the rights of the parties concerned in order to achieve the aim of marriage that is sakinah, mawaddah and raḤmah. This article discusses the effort to re-examine the existence of the siri marriage in the perspective of one methodology of the principles of Islamic jurisprudence that is the method of istislahiah reasoning.

Item Type:	Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012801 Nikah (Marriage)
Divisions:	Fakultas Tarbiyah > Jurusan Pendidikan Agama Islam
Depositing User:	M. Royyan Nafis Fathul Wahab
Date Deposited:	04 Aug 2021 03:43
Last Modified:	04 Aug 2021 03:43
URI:	http://repository.iainkediri.ac.id/id/eprint/479

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