Telaah Fatwa tentang Nikah Siri

Al Munawar, Faishal Agil (2020) Telaah Fatwa tentang Nikah Siri. Istidlal: Jurnal Ekonomi dan Hukum Islam, 4 (1). pp. 55-63. ISSN 2548-7957

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Abstract

This research discusses about Fatwa regarding Siri Marriage or known as Unregistered Marriage. In the other countries, this phenomenon called ‘Urfi Marriage. This research comprised in normative category because analyzing documents and literatures related to Fatwa regarding Siri Marriage. Qualitative Description is used as an approach to compare between Indonesian Ulema Council or Majelis Ulama Indonesia (“MUI”) with other five Fatwa councils from different countries: (1) Kingdom of Saudi Arabia (“KSA”), (2) Egypt, (3) Jordan, (4) Kuwait, and (5) Libya. The results show that in substance and procedure, Siri or ’Urfi Marriage activities in five nations are indifferent. The distinction only occurs on the naming aspect. Indonesia and KSA have the same terminology which is Siri Marriage, whereas three other countries employ ‘Urfi Marriage expression. From legal perspective, those five nations have similar concept that, if the marriage complies with the Islamic basis and requisite, then it fulfills legitimate sharia condition for marriage in Islam. But, to accomplish rights in civil law, it needs to register the marriage officially in the country’s appointed institution.

Item Type: Journal Article
Keywords: fatwa; siri marriage; ‘urfi marriage; comparison
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012819 Nikah Sirri
22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220403 Islamic Studies
Divisions: Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User: Faishal Agil Al Munawar
Date Deposited: 26 Apr 2020 06:02

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