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Ameytia Rizka Aulia; Benediktus Josua Gea; Despri Mariyani Siahaan; Olivia Hana Putri Nababan; Syuratty Astuti Rahayu Manalu

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Rizky Irfani; Hawa Hidayatul Hikmiyah; Imam Syafi’i

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Islam prescribes marriage as a sacred and fundamental institution in human life, aiming to preserve dignity, lineage, and to build a harmonious (sakinah), loving (mawaddah), and compassionate (rahmah) family. In Islamic teachings, marriage can be conducted either monogamously or polygamously, with specific conditions. In Indonesia, polygamous practices are strictly regulated by various legal provisions, such as Law Number 1 of 1974 and the Compilation of Islamic Law. Nevertheless, polygamy remains a controversial issue in society, often carried out without fulfilling legal requirements, such as through unregistered (sirri) marriages. This phenomenon reflects a legal dualism between religious norms and state regulations. Furthermore, the social construction of polygamy shows that it is not merely a religious or legal issue, but also a product of social, cultural, economic dynamics, and the evolution of modern values. This study aims to explore how social construction shapes the perception and practice of polygamy and its implications for household harmony. Using a multidisciplinary approach, this study seeks to provide a comprehensive understanding of the relevance of polygamy in contemporary society and its impact on family structure and child welfare.

Asnaria Cevinta Br Bangun; Suriani Diningsih; Putri Ramadani Tanjung

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Misyar marriage is a form of marriage that emerged in Muslim society, where both parties agree to waive some of the rights and obligations that usually exist in traditional marriages, such as maintenance and housing. This study aims to analyze the phenomenon of Misyar marriage from the perspective of Islamic law, the objectives of sharia (maqashid asy-syari’ah), and its impact in social and moral contexts. The study was conducted using a normative approach to sources of Islamic law, such as the Qur'an, hadith, and the views of contemporary scholars. The results of the study indicate that Misyar marriage is valid according to sharia because it fulfills the pillars and requirements of marriage, such as ijab, qabul, guardian, witnesses, and dowry. However, scholars have different opinions regarding its law. Yusuf Qardhawi and Wahbah Zuhaili allow Misyar marriage on the condition that the wife is willing to waive her rights, while Muhammad Az-Zuhaili forbids it because it is considered contrary to the main purpose of marriage, which is to build a harmonious, just, and affectionate family. Meanwhile, Ibn Uthaymeen took a tawaqquf (cautious) position because even though it is valid, Misyar marriage has the potential to deviate from the maqashid asy-syari’ah. This study concludes that although Misyar marriage can be a pragmatic solution in certain situations, such as to meet biological needs or certain social conditions, this practice tends to raise ethical issues, injustice, and harm women. Therefore, it is recommended that couples considering Misyar marriage understand its implications in depth and seek solutions that are more in line with the principles of justice and harmony in Islam.

Nabil Hukama Zulhaiba Arjani; Dominick Hoki Pinky; Adisty Puji Nurjayanti; Hanifah Hafshoh; Wismanto Wismanto

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Marriage in Islam is a sacred agreement, with the aim of worshiping Allah, but also a concept that embraces religious, moral and social values. And it is valid if it meets the terms and conditions. Where there are 5 laws in marriage, namely obligatory, sunnah, makruh, permissible and haram. The aim of this research aims to discuss marriage as well as the promise of purity carried out by men and women who want to continue a halal relationship, and perfect part of their faith. This research uses a qualitative method with a literature study approach, analyzing various sources such as books, magazines, offline and online articles or the latest journals, all data found from reading sources is then expressed in qualitative descriptive form. The results of this research show the problem of marriage in Islam in building a family that is sakinah mawaddah and rahmah. One of Allah's instructions in Islamic law is that He commands marriage and forbids adultery. Isalam has provided a clear concept regarding the procedure or process of a marriage which is based on the Al-Quran and the authentic Sunnah. Therefore, in this journal the author explores the meaning of marriage, the legal basis, conditions, harmony and wisdom of the law of marriage.

Rusik Rusik

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2020 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Marriage is a contract that contains the prohibition of something that was strictly forbidden before. This is a relationship between the opposite sex. Thus, sufficient understanding is needed regarding the conditions and pillars that must be fulfilled so that the marriage is carried out in accordance with religious provisions. In Indonesia, the family system—the implementation of which determines whether or not to marry—varies. From here the author is interested in studying mahram relationships that have been determined by religion. The aim of this research is to describe and classify who can marry and who cannot, based on the interpretation of the holy Koran. This research is library research, which is descriptive qualitative in nature by conducting a literature review related to the themes presented. The data is then analyzed and produces conclusions. The results of the research show that the family relationships implemented are in accordance with the provisions provided by the Shari'a. It is not permissible to marry only if it is customary and does not touch halal and haram within a religious framework, so that existing marriages are valid because they fulfill the requirements and are in harmony with each other religiously.