Darulfunun Institute

Institute for Development, Research and Initiatives (IDRIS)

Tag: marriage confirmation

  • Legal Analysis of the Rejection of Marriage Isbat in Siri Marriages and the Determination of the Status of Legitimate Children in the Case Study of Decision Number: 129/Pdt.P/2024/PA.Bsk

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    This study analyzes Batusangkar Religious Court Decision No. 129/Pdt.P/2024/PA-Bsk, which simultaneously rejected a request for marriage confirmation (isbat nikah) but granted a request to determine the child’s status as legitimate. This case is interesting because it reflects the tension between the principle of legal certainty of marriage and the protection of children’s rights in religious court practice in Indonesia. This study used a qualitative, analytical, and descriptive approach with field research methods. Primary data were obtained through in-depth interviews with the three judges who heard the case and the applicants. In addition, the researcher analyzed the decision documents and case files. Secondary data came from the Marriage Law, the Compilation of Islamic Law (KHI), Constitutional Court Decision No. 46/PUU-VII/2010, literature on munakahat fiqh (jurisprudence), and the concept of maqashid sharia. The results indicate that the panel of judges rejected the marriage confirmation request because the applicants’ marriage violated the provisions prohibiting marriage as stipulated in Article 40 (a) of the KHI in conjunction with Article 9 of Law Number 1 of 1974 concerning Marriage. One of the parties is still bound by a previous marriage, potentially leading to the practice of polyandry and undermining the sanctity of the institution of marriage. Nevertheless, the judge granted the child’s status as legitimate, primarily considering the child’s best interests and the principle of welfare (maslahah). The judge argued that the child should not be held responsible for the parents’ mistakes. This granting of the child’s status provides legal certainty for the child to obtain a birth certificate, family card, rights to maintenance, guardianship, and inheritance rights. This decision represents a harmony between positive legal certainty and the maqasid sharia, particularly hifz al-nasl (protection of offspring). This study concludes that the judge applied a progressive and humane approach in resolving the conflict between the validity of the marriage and the protection of children’s rights.

  • Administration and Religious Dilemma: Implementation of SPTJM in the Heart of Minangkabau (Case Study of Harau District)

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    Unregistered marriages (nikah siri) remain a significant social phenomenon in the Minangkabau community, particularly in Harau District, Lima Puluh Kota Regency, West Sumatra. To address administrative barriers for children from these marriages, the government implemented the Absolute Statement of Responsibility (SPTJM) policy based on Minister of Home Affairs Regulation Numbers 108 and 109 of 2019, which allows for the inclusion of “Unregistered Marriage” status on Family Cards (Kartu Keluarga) and the issuance of complete birth certificates. This study analyzes the effectiveness of SPTJM implementation in Harau District and the dilemmas it raises from a maqasid sharia perspective, focusing on hifz al-nasl (protection of offspring) and hifz al-mal (protection of property). Using a qualitative juridical-empirical approach, data were collected through semi-structured interviews with couples using SPTJMs, those involved in unregistered marriages, employees of the Civil Registration Office (Disdukcapil), the Office of Religious Affairs (KUA), the Religious Court, and religious leaders, complemented by source and method triangulation. The research results show that the SPTJM effectively provides beneficial benefits in the form of quick and affordable access to children’s administrative rights (identity, education, health, and social assistance), thus partially supporting hifz al-nasl. However, this policy creates more dominant long-term benefits, such as substantive legal uncertainty (difficulties in claiming inheritance and joint property), socio-customary conflicts (stigma and disputes over high inheritance rights in the Minangkabau matrilineal system), and a decline in interest in marriage confirmations, which weaken the obligation for official registration (Article 7 of the Compilation of Islamic Law). This article concludes that there is a dilemma between temporary administrative benefits and long-term damage to Islamic family law. The proposed recommendation is synergy between institutions (Disdukcapil, KUA, Religious Courts, and traditional leaders) through an affordable mass marriage confirmation program and outreach based on the maqasid sharia (Islamic principles) to maximize the necessities of life and minimize the mafsadah within the Minangkabau indigenous community.