Al-Dzari'ah analysis of the circular letter of the Directorate General of Islamic Community Guidance Number 06 of 2020 concerning COVID-safe marriage services

Nasrullah, M. Faiz (2021) Al-Dzari'ah analysis of the circular letter of the Directorate General of Islamic Community Guidance Number 06 of 2020 concerning COVID-safe marriage services. Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial, 23 (2). pp. 188-205. ISSN 2579-5090

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Abstract

The emergence of the coronavirus outbreak impacts the changes in life order in Indonesia, not least on the implementation of marriage contracts. The government changed the marriage procedure as regulated in the Circular Letter of the Directorate General of Islamic Community Guidance No. 06 of 2020 on Marriage Services Towards a COVID-Safe Productive Society. The purpose of this Circular is to reduce the risk of coronavirus transmission. However, the regulation is considered not optimal in minimizing the occurrence of crowds and still causes many transmissions from marriage clusters. This research is library research using two approaches, namely the statute approach and the conceptual approach. The author analyses the regulations in the Circular using the al-dzariah concept to find out whether the circular letter has closed the COVID-19 transmission path or not. The result of this study suggests that the circular letter still opens up opportunities for the spread of the COVID-19 virus and has a mafsadah (harmful) impact on the community, so it is included in the category of sadd al-dzariah. Articles 5 and 6 states that a maximum of 10 people may attend if the marriage is held inside the KUA (Religious Affair Office) and 30 people outside the KUA. The number can be minimized to 6 people without hindering the validity of the marriage, either according to Islamic law or positive law.

Item Type: Journal Article
Keywords: marriage; COVID-19; circular of the directorate general; al-Dzariah
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012801 Pernikahan (Secara Umum)
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012803 Aqd al-Nikah
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012806 Walimatul 'Ursy (Wedding Celebration)
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012829 Islamic Family Issues & Local Tradition
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: muhammad faiz nashrullah
Date Deposited: 26 Apr 2022 10:45

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