Juridical Review of the Validity of Marriage with Adhal Guardians According to Islamic Law
Abstract
The validity of marriage with an adhal guardian according to Islamic law. In this discussion, it was stated that in situations where both parents have died or are unable to express their wishes, permission can be obtained from the guardian of the person taking care of them or family members who are related by blood in a straight upward lineage. The prohibition on marriage in Islam is called mahram, divided into eternal prohibition and prohibition for a certain time. The Koran also recommends that humans always pray to be blessed with the desired offspring. What is the validity of a marriage with an adhal guardian according to Islamic law and what are the legal consequences of marriage with an adhal guardian according to Islamic law. To find out the validity of marriage with an adhal guardian according to Islamic law and to find out the legal consequences of marriage with an adhal guardian according to Islamic law. The method used is analytical and descriptive using the juridical analysis method which aims to describe facts, conditions or symptoms systematically and accurately, describing normative research supported by empirical research so that through empirical facts in the field they have meaning and connection with the problem being studied. The results of this research are suggestions for the need for corrections and improvements in regulations related to marriage with an adhal guardian and provide an in-depth understanding of the concept of marriage in Islam, including the conditions, prohibitions and purposes of marriage. To what extent the eternity and immortality of a marriage's household will depend on the strength of the physical and spiritual bond between husband and wife. Apart from that, this research also highlights the importance of prayer in obtaining the desired offspring, as mentioned in the Koran.
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Indonesia. Law concerning Amendments to Law Number 1 of 1974 concerning Marriage. Law Number 16 of 2019. LN No. 186 of 2019, TLN 6401.
_____ Presidential Instruction on the Compilation of Islamic Law in Indonesia. Presidential Instruction Number 1 of 1991.
Abidin, Slamet. Fiqh Munakahat I. Bandung: Pustaka Setia, 2015.
Abror, Khoirul Marriage and Divorce Law, (Yogyakarta: Ladang Kata Publisher, 2020),
al-Zuhaily, Wahbah. al-Fiqh al-Islami wa Adillatuh. Beirut: Dar al-Fikr, 2015. Ash-Shana'ni, Muhammad bin Ismail Al-Amir. Subul As-Salam. Jakarta: Darus Sunnah, 2013.
Amin Suma, Muhammad Islamic Family Law in Indonesia, (Jakarta: Raja Grafindo Persada, 2014).
As-Subki, Ali Yusuf. Family Jurisprudence: A Guide to Family in Islam. Jakarta: Amzah, 2012.
Ati, Hammudah' Abd. Al'. Muslim family. Surabaya: Bina Ilmu, 2014. Az-Zuhayli, Wahbah. Islamic jurisprudence. Jakarta: Human Echo, 2011.
Bunyamin, Mahmudin, Agus Hermanto. Islamic Marriage Law. Bandung: Pustaka Setia, 2017.
Darmabrata, Wahyono and Surini Ahlan Sjarif. Marriage and Family Law in Indonesia. Jakarta: FHUI Publishing Agency, 2015.
Hadikusuma, Hilman. Indonesian Marriage Law. Bandung: Mandar Maju, 2015.
Hidayati, Nurzulia Febri. "Women as Marriage Guardians: Prohibition or Warning". Palita: Journal of Social-Religion Research, Vol. 3, no. 1, April-2018.
Melnia, Nur Fitri, Djanuardi, Hazar Kusmayanti. "The Validity of a Marriage with the Determination of an Adhal Guardian is Linked to the Principles of Religious Justice in View of Islamic Law and the Marriage Law." Living Law Scientific Journal, Volume 15, Number 01, January 2023.
Rahman Ghazaly, Abd. Fiqh Munakahat, (Jakarta: Kencana Prenada Media Group, 2016), Zuhdi Muhdlor, Understanding the Laws of Marriage, Divorce, Divorce and Reconciliation, (Yogyakarta: al-Bayan, 2014),
Sudarsono, National Marriage Law, (Jakarta: Rineka Cipta, 2016)
Sharifuddin, Amir. Islamic Marriage Law in Indonesia, Between Fiqh Munakahat and Marriage Law. Jakarta: Kencana, 2019.
Wahbah al-Zuhaily, al-Fiqh al-Islami wa Adillatuh, (Beirut: Dar al-Fikr, 2015).
Manan, Abdul. Renewal of Islamic Law in Indonesia. Depok: Fajar Interpratama Mandiri, 2017.
DOI: http://dx.doi.org/10.18415/ijmmu.v12i2.6659
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