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Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

The prohibition of proposing to a woman during her ‘iddah period constitutes an Islamic legal provision that is firmly grounded in the normative foundations of the Qur’an and fiqh. This provision aims to preserve the clarity of lineage, protect women’s dignity, and maintain order within the legal framework of marriage. This article examines, from a normative perspective, the prohibition of proposing to a woman during her ‘iddah according to the Shāfi‘ī school of law. The study employs a normative legal research method with a qualitative approach through library research, drawing upon the Qur’an, hadith, and authoritative (mu‘tabar) Shāfi‘ī fiqh texts. The findings indicate that the Shāfi‘ī school strictly prohibits explicit proposals to women during all types of ‘iddah, including ‘iddah resulting from revocable divorce (ṭalāq raj‘ī), irrevocable divorce (ṭalāq bā’in), annulment (fasakh), and death. As for indirect proposals (ta‘rīḍ), they are permitted only for women whose ‘iddah is not accompanied by a right of reconciliation, such as ‘iddah due to death and ‘iddah of ṭalāq bā’in, while remaining prohibited during ‘iddah raj‘ī. This legal ruling reflects the prudence of the Shāfi‘ī school in preventing the occurrence of invalid marriage contracts and affirms the function of ‘iddah as an instrument of Islamic legal regulation rather than merely a biological waiting period.

This study examines the legal provisions regarding interfaith marriage in Indonesia from the perspective of Islamic law and national law. The focus lies on the differences and points of convergence between the two legal systems in assessing the validity of marriages conducted between couples of different religions. This research employs a library research method with a normative-comparative approach, analyzing primary sources such as the Qur’an, Hadith, the Compilation of Islamic Law (KHI), Law Number 1 of 1974 on Marriage, as well as relevant court decisions. The results show that Islamic law explicitly prohibits interfaith marriage, particularly between a Muslim woman and a non-Muslim man, as it contradicts the principles of faith and the objectives of marriage in Islam. Meanwhile, national law through Law Number 1 of 1974 stipulates that a marriage is valid only if conducted according to the laws of each religion and belief, which implicitly rejects the legality of interfaith marriage. In practice, however, some individuals seek legal loopholes through human rights interpretations or by registering their marriages abroad. Therefore, both Islamic and national law share the same goal: to preserve the sanctity of marriage and maintain social harmony based on the divine values upheld by the Indonesian nation.

The purpose of this research is to find out the legal basis in the science of hadith or Islamic law and positive law related to DNA testing which is used as a strong argument for determining the legal certainty of child lineage and how to resolve the problem of child lineage in Indonesia and Islam. In the research process used is normative research and library research with a legislative approach taken from positive law and Islamic legal sources, namely the Qur'an and the hadith approach as a basis for legal theory. The resulting research study that DNA testing can resolve the uncertainty of abak lineage and DNA test results can be used as proof of determining a child's lineage to his father. In the teachings or regulations of Islamic law, there are four methods used in determining lineage in accordance with the terms and conditions of the application of the four methods, namely; al-firasy, al-iqrar, al-bayyinah, and al-Qiyafah. With the development of today's technology, the four methods have been developed through cutting-edge technology as a medium for tracing a person's lineage to obtain justice and benefit. From a positive Indonesian legal perspective, DNA testing has been recognized as a means of proving parentage. Therefore, children born as victims of rape, marriages not officially registered by the Office of Religious Affairs (KUA), and marriages that took place secretly (in other words, under the table) can claim their rights as children, including child support and parentage, from their father.

The authority of the Religious Courts in Indonesia has undergone substantial transformation since the enactment of the 1974 Marriage Law, which serves as a foundational milestone in harmonizing the national legal system on family matters. Prior to this legislation, the jurisdiction of the Religious Courts was limited and influenced by legal dualism among customary law, Islamic law, and Western civil law inherited from the colonial period. This article examines how the Marriage Law initiated a shift in the structure and legitimacy of the Religious Courts and how their jurisdictional expansion reached a more comprehensive form through Law No. 7 of 1989 on Religious Courts and its subsequent amendments under Law No. 3 of 2006 and Law No. 50 of 2009. Using a normative juridical approach, this study analyzes statutory regulations, academic literature, and Islamic legal doctrines. The findings show that the Marriage Law provided the initial legal foundation for strengthening the Religious Courts' authority in handling family disputes, which was later expanded significantly to include inheritance, wills, grants, endowments (wakaf), alms (zakat), charitable donations (infaq and sadaqah), and Islamic economic matters during the legal reform era. This transformation not only reinforced the institutional structure of the Religious Courts but also improved access to justice for Muslim communities and supported the integration of Islamic law into Indonesia’s national legal framework. Therefore, the development of the Religious Courts’ authority after the Marriage Law reflects the dynamic modernization of the legal system and the harmonization between religious values and the rule of law in Indonesia.

Divorce is a social phenomenon that is increasingly common and has various social, economic, and psychological impacts, especially for women as the most vulnerable party. Divorce not only results in changes in the legal status of husband and wife, but also affects the emotional condition and social well-being of women after the end of the marriage bond. From an Islamic legal perspective, the 'iddah period functions as a protection mechanism for women after divorce, which aims to maintain honor, ensure clarity of pregnancy conditions, and provide certainty of legal status. However, in practice there are conditions that resemble the 'iddah period without fully fulfilling the formal provisions of Islamic law, known as Syibhul 'Iddah, due to the unclear status of divorce or differences in legal interpretation. This concept has an important role in protecting women's rights, especially regarding livelihood, residence, and legal certainty after divorce. This study uses a library research method with a normative legal approach. Data were collected through a review of primary, secondary, and tertiary legal materials, including the Qur'an and Hadith, Islamic jurisprudence literature, laws and regulations such as the Compilation of Islamic Law, and relevant journals and scholarly works. Data analysis was conducted qualitatively using descriptive-analytical methods to examine the concept of Syibhul 'Iddah and its implications for the protection of women's rights after divorce.  

This research undertakes a comparative analysis of the concept of divorce within the frameworks of Islamic Family Law and Buddhist Ethics. Marriage, recognized as a profound bond of both physical and spiritual union, holds significant value in both religious traditions. However, contemporary social realities reveal a high incidence of divorce, prompting a critical examination of the legal and ethical mechanisms governing its dissolution. Within Islamic jurisprudence, divorce (talak) is permitted but considered detestable by Allah, governed by stringent procedural mechanisms including talak (the husband’s right), khulu’ or gugat cerai (the wife’s right to initiate), and fasakh (judicial intervention). These processes carry clear legal implications concerning the waiting period (iddah), the possibility of reconciliation (rujuk), and the division of marital property. Conversely, while Buddhism does not explicitly prohibit divorce, the teachings of the Buddha strongly encourage spouses to exhaust all avenues for peaceful conflict resolution before considering separation as a last resort. The ethical framework in Buddhism grants equal rights to both parties to dissolve the marriage. This study employs a qualitative descriptive analytical method through library research, drawing upon primary legal texts such as Indonesia’s Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) for Muslims, alongside the Vinaya Pitaka for adherents of Buddhism. The findings indicate that while both traditions view divorce as a final option, they diverge fundamentally in their legal structures; Islamic law establishes specific, gender-differentiated rights and obligations, whereas Buddhist ethics emphasize mutual consent and personal responsibility without formal legalistic procedures. The research concludes by recommending that couples, regardless of faith, prioritize reconciliation and peace, aligning with the core principles of both religions, and urges policymakers and legal practitioners to promote harmonious family life and reconsider legal frameworks that might better serve the welfare of children and families.

The development of information and communication technology has brought significant changes to various aspects of human life, including marriage practices. The implementation of marriage contracts conducted through online media such as video calls or digital conferencing platforms has emerged as a modern phenomenon. This development has sparked legal debates in Islam regarding its validity, particularly concerning the fulfillment of essential conditions and pillars of marriage, such as ittihād al-majlis (unity of the session) and the sighat ijab qabul (offer and acceptance). The purpose of this article is to examine the validity of virtual mge contracts from the perspective of the four major schools of Islamic jurisprudence (Hanafi, Maliki, Shafi'i, and Hanbali). This study employs a qualitative research methodology using a literature review with a descriptive-analytical approach. The findings indicate that the Shafi'i School does not permit virtual marriage contracts due to the absence of physical unity in place. In contrast, the Hanafi, Maliki, and Hanbali Schools allow virtual marriage contracts, emphasizing unity in time and clarity in the sighat. Therefore, according to several schools of Islamic jurisprudence, virtual marriage contracts may be considered valid as long as the required conditions of marriage are fulfilled, including the presence of witnesses and the clarity of the ijab qabul.

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.

This study discusses the status of marriage books as legal and administrative documents, as well as the mechanism for their disposal as State-Owned Goods (BMN) at the Regional Office of the Ministry of Religious Affairs in Papua Province. The marriage book serves as valid evidence of marriage and plays an important role in population data management. As a document printed using the state budget (APBN), the marriage book is classified as BMN, and its management must comply with regulations. A qualitative approach with an empirical juridical method is used to examine the relationship between legal regulations and their implementation practices. Data were collected through interviews, observations, and literature studies with officials from the Islamic Guidance Division of the Ministry of Religious Affairs in Papua. The results indicate that the disposal of marriage books follows the Directorate General of Islamic Guidance Circular Letter No. 5 of 2024 and Ministry of Finance Regulation No. 83/PMK.06/2016. The disposal process is carried out in stages through administrative and physical mechanisms with principles of accountability and transparency. However, in Papua, the process of collecting unused marriage books has not yet reached the physical disposal stage. The disposal of marriage books is a strategic step in realizing good governance.

Marriage is principally intended to establish a happy and enduring family. However, in practice at Puncak area of Bogor Regency has seen the growth of contract marriage, a practice that often resembles disguised prostitution and may facilitate the exploitation of women. This research aims to analyze the legal position and validity of contract marriage from the perspectives of islamic law and Indonesian positive law, as well as to explain its legal consequences for women and children. This study employs a normative juridical method through an examination of positive law, legal doctrine, and prior research, and applies both a statute approach and a case approach. The findings indicate that contract marriage is a time limited marriage that contradicts the objective of marital permanence under the Marriage Law. In Islamic law, the practice is equated with mut’ah marriage, which is prohibited, and if conducted it is deemed void by operation of law. Under Indonesian positive law, contract marriage is not recognized, and its agreement does not satisfy the legal requirements for a valid contract under Article 1320 of the Civil Code. As a result, women may lose civil rights such as maintenance, inheritance rights, and entitlements to joint marital property, while Out-of-Marriage Children may have a limited civil relationship only with the mother and the mother’s family. Therefore, contract marriage lacks validity under both Islamic law and Indonesian positive law and may generate legal, social, and moral harms, particularly for women and children.

This study discusses the basis of Indonesian society’s obligation to comply with the Marriage Law (UUP) as a manifestation of obedience to both state law and religious teachings. The study arises from the reality that, despite the UUP and the Compilation of Islamic Law (KHI) serving as the legal foundation for marriage in Indonesia, many still violate its provisions, such as through unregistered (siri) marriages. Using a normative juridical approach and qualitative descriptive analysis, this research examines the juridical, philosophical, and sociological foundations of legal obedience to the UUP and its implications for family and social life. The findings show that juridically, obedience to the UUP is grounded in the principle of legality and state sovereignty; philosophically, it reflects the values of Divinity and Humanity embodied in Pancasila; and sociologically, it functions as social engineering to protect women and children while ensuring social order. Compliance with the UUP therefore holds not only legal but also moral and spiritual significance, serving as a means to achieve harmonious families, social order, and a just nation.

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

This study aims to analyze the pedagogical strategies in teaching Nailur Roja Syarah Safinatun Najah, particularly the chapter on marriage, at Pondok Pesantren Raudlatul Muhibbin Al-Mustainiyyah Surakarta. The teaching of classical Islamic texts (kitab kuning) in pesantren not only emphasizes textual understanding but also requires adaptive strategies to ensure that marriage laws are comprehended both theoretically and practically. This research employed a descriptive qualitative method, with data collected through interviews with students and teachers, as well as library research on classical Islamic texts, pesantren pedagogy, and Islamic marriage law. The findings show that pedagogical strategies combine traditional methods such as bandongan and sorogan with contextual approaches including interactive discussions, group deliberations, and case-based learning. The main challenges for students are difficulties in understanding classical Arabic and relating the material to the contemporary Indonesian legal context. To overcome these issues, teachers provide simplified explanations, use real-life analogies, and encourage active student participation. Therefore, the applied pedagogical strategies effectively enhance students’ comprehension of the marriage chapter both normatively and practically.

The rise of the phenomenon of early marriage in Indonesia is the background to the birth of Republic of Indonesia Law number 16 of 2019 concerning marriage and the compilation of Islamic law, which sets the age limit for marriage to 19 years. The reality is that in society there are many cases asking to be able to get married and have it officially registered, which has led to the existence of a marriage dispensation. Marriage dispensation is permitted by law by considering positive matters. The aim of this study is to determine the long-term impact of early marriage on the welfare of individuals, families and society. The method used is qualitative, data collection is carried out by interviews, direct observation and also data related to the theme. Using this method will make it easier to observe phenomena in society regarding marriage dispensations. The data analysis used was an inductive method (Creswell, 1994). The results obtained were that the marriage dispensation from a legal perspective did not conflict with Law 16 of 2019. The granting of marriage dispensations was carried out by considering the impact. From a sociological perspective, our society views early marriage as something normal and often forgets the impact of child marriage. Marriage dispensation is a rational choice, even though the risks faced are very high. Therefore, it is necessary to increase public awareness of promiscuity and return to the essence of marriage.

The “turun ranjang” marriage is a traditional practice found in several Indonesian ethnic groups, in which a man marries the younger sister of his deceased or divorced wife. This tradition aims to maintain family harmony, protect children, and preserve kinship ties. From the perspective of Islamic law, such a marriage is permissible as long as it fulfills the legal requirements and pillars of marriage, including the presence of a guardian, witnesses, mutual consent, and the absence of coercion. However, if any of these conditions are not met, the marriage may be considered invalid according to Islamic law. While this tradition has positive aspects such as preventing adultery and preserving family unity it may also lead to social conflict when performed under pressure or without full consent. Therefore, it is essential for those involved to seek guidance from Islamic scholars or legal experts to ensure the marriage aligns with religious principles and promotes family harmony. Overall, the “turun ranjang” marriage can be accepted if conducted with sincerity, awareness, and compliance with Islamic law.

Basically, In order to have a lasting, contented, and successful family, a man and a woman must physically and spiritually join via marriage. This marriage contract gives both parties the right to enjoy a relationship in accordance with the Shari'a. This study aims to reveal and compare the views of scholars from various schools of thought (Hanafiyah, Malikiah, Syafi ivah, and Hanabilah) regarding temporary marriage, namely “Nikah Mutah,” which is viewed from the legal arguments of each scholar. The descriptive technique was used in this study. which describes the thoughts of previous scholars regarding mut'ah marriage and the legal basis they used. The study's findings indicate that the ulama agree to prohibit mutah marriages absolutely, based on several propositions and the Qur'an, such as surah An-Nisa (4) 24. Al-Mu'minun (23): 5-7, and At- Thalaq (65) 1, as well as various hadiths. The consensus of scholars also supports the prohibition of mut'ah marriage. On the other hand, the Svi'ah view regarding mut'ah marriage is that this marriage is permitted, referring to QS An-Nisa (4): 24, which is considered to be related to temporary marriage. This mut'ah marriage allowed during the period the beginning of Islamic history, and some narrations from Shiite sources indicate that the law on mut'ah marriage was never canceled by the Koran or the Prophet Muhammad SAW. According to Shiite scholars, the prohibition on mut'ah marriage occurred during the time of Caliph Umar bin Khattab, which they consider as an ijtihad.

Divorce has a significant impact on a child's psychological and social development, particularly in the aspect of determining custody rights, which should prioritize the principle of the child's best interests. This study aims to analyze the balance between Islamic legal norms as stipulated in the Compilation of Islamic Law (KHI) and positive law in Indonesia, in cases where children under the age of 12 express a desire to live with their father after the divorce. The research approach used is a juridical-normative with a qualitative analysis method that focuses on a literature review of laws and regulations such as the KHI, the Marriage Law, the Child Protection Law, and the Convention on the Rights of the Child, as well as relevant legal and jurisprudential literature. The results of the study indicate that although normatively the KHI prioritizes the mother as the caregiver of children under 12 years old, there is room for flexibility that allows the court to consider the child's wishes if it better ensures the child's welfare and safety. This approach is supported by the principle of maslahah mursalah in Islamic law, which allows adjustments for the benefit of the child. The main challenges in its implementation include the minimal involvement of professionals such as child psychologists in the evaluation process, the existence of gender stereotypes that influence judges' decisions, and emotional conflicts between parents that often override the interests of the child. Therefore, this study recommends that judicial institutions actively involve psychologists and mediators in custody proceedings, improve training for judges in understanding the psychosocial dynamics of children, and update legal guidelines so that children's wishes can be assessed objectively. Furthermore, education to the wider public about the importance of gender non-discrimination in child care is also needed so that custody decisions truly reflect the principles of comprehensive child protection and welfare.

This study examines the regulation of adultery and cohabitation (living together without marriage) from the perspective of Islamic law and Indonesian positive law, especially after the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP). In Islamic law, adultery is a hudud crime that has strict and permanent sanctions (qat'i). Islamic law considers adultery as an act that damages morality, honor, and lineage, and provides severe punishment for the perpetrators. The purpose of implementing this punishment is to maintain social integrity and protect the family as the smallest unit in society. Cohabitation, which is considered an illegitimate relationship according to Islamic law, is seen as a form of adultery that is not tolerated both socially and legally. Therefore, this act is not only considered a violation of religious norms, but also a threat to the desired social order in Islam. Meanwhile, in the context of Indonesian positive law, the 2023 Criminal Code expands the formulation of the crime of adultery and explicitly regulates cohabitation as a criminal offense. Based on this provision, adultery and cohabitation can be prosecuted, although they are still classified as absolute complaint offenses, meaning that these acts can only be prosecuted if there is a report from an interested party. This shows that although there are differences in law enforcement between Islamic law and positive law, both share a common goal: to protect morality and public order. The approach used in this study is normative juridical with a qualitative analysis method of Islamic legal norms and national statutory provisions. This study aims to compare the perspectives of the two legal systems on adultery and cohabitation, and to find common ground between the two.

This study aims to examine the perspectives of students from the Islamic Family Law (HKI) Study Program regarding Ministerial Regulation of Education, Culture, Research, and Technology (Permendikbudristek) No. 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education Institutions. Particular focus is given to Article 5 paragraph 2, which contains the phrase “without the victim’s consent,” a clause that has sparked considerable public debate. This qualitative field research was conducted at the Faculty of Sharia, UIN Sjech M. Djamil Djambek Bukittinggi, involving 17 final-semester students selected using a snowball sampling technique. Data were collected through in-depth interviews and documentation, then analyzed using thematic analysis. The findings indicate that most students had limited understanding of the regulation due to the lack of socialization and outreach within the university. Moreover, the majority expressed concern over the phrase “without the victim’s consent,” which they viewed as ambiguous and potentially legitimizing consensual sexual relations outside of marriage—a practice prohibited in Islamic law. While the students supported the need for legal protection against sexual violence, they called for the revision of the regulation to align more closely with the principles of fiqh and Islamic jurisprudence. Thus, the effective implementation of this policy within Islamic higher education institutions requires the harmonization of state law and Islamic values.