http://doi.
org/10.
21093/mj.
Mazahib.
Vol 23.
No.
Pp.
https://journal.
id/index.
php/mazahib/index P-ISSN: 1829-9067 | E-ISSN: 2460-6588 Legal Formulation for Forced Marriage Prevention through the Decision of Wali Mujbir in Religious Courts and its Relevance with Maqid SyariAoah and Human Rights Ahmad Rasyidi Halim1A.
Fahmi Al Amruzi2.
Jalaluddin3 1 Hakim Pengadilan Agama Banjarbaru.
Indonesia 2,3 Universitas Islam Negeri Antasari Banjarmasin.
Indonesia Abstract Based on the Annual Report of the Indonesian Religious Court and Religious Court Decisions throughout Indonesia year 2020-2021, there were 5,080 divorces caused by forced marriages and 3446 divorces caused by arranged marriages without the basis of love.
The number of cases shows that the practice of forced marriages and arranged marriages without love is still rife, which is the cause of divorce in society.
Based on this background, this research probes efforts to prevent forced marriages through religious courts by proposing the wali mujbir prevention norm in the marriage law.
Through this norm, children or parties under guardianship can file a case to the Religious Court to prevent forced marriages they are This study shows that creating the wali mujbir prevention norm in the marriage law aims to accommodate the role of children actively, directly, and independently to prevent forced marriages against themselves by marriage guardians.
the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then the marriage guardian is declared a wali mujbir, as stated in the ruling of the religious court.
This proposal is one of the efforts to reduce the high number of divorces in society.
Keywords: Legal Formulation.
Forced Marriage.
Wali Mujbir.
Religious Court Corresponding author.
Email: ahmadrasyidihalim@gmail.
80 | Mazahib Jurnal Pemikiran Hukum Islam.
Vol 23 No.
Introduction The significance of transformative legal thinking stimulates the emergence of new discourses for legal This includes Islamic law.
The position of Islamic law is one of the sources of national law in Indonesia, along with Western law and customary law.
This legal pluralism refers to the basic provisions of the Indonesian state as a legal state .
following Article 1 paragraph .
of the 1945 Constitution of the Republic of Indonesia Amendment i.
Furthermore, as one of IndonesiaAos judicial institutions, the religious court has the authority to examine, decide, and settle Islamic civil cases, one of which is in the field of marriage.
Marriage in Islamic law is a firm contract .
iqn galie.
The purpose of marriage is to obey AllahAos commands as a form of gairu mausah worship .
ll actions that bring goodness to oneself and others and are carried out with sincere intentions because of Allah Sw.
Some wisdom of marriage includes fulfilling human biological needs, realizing peace of mind and inner stability, protecting oneself from sin and immorality, avoiding moral decadence, realizing the nature of women as mothers and men as fathers, and maintaining the continuity of One of the legal dynamics discussed in marriage law relates to the issue of guardians.
4 In this case, the context Matta Baharuddin.
AuAnalisis Kedudukan Hukum Islam Dalam Sistem Hukum Di Indonesia,Ay DIKTUM: Jurnal Syariah Dan Hukum 10, no.
: 169, https://doi.
org/10.
35905/diktum.
Article 49 of Law Number 3 of 2006 on changes to Law Number 7 of 1989 on Religious Court.
Abdul Aziz Muhammad Azzam.
Fiqh Munakahat (Jakarta: Amzah, 2.
, 39.
Marriage law as part of al-Auwl Al-Syakhiyyah .
amily la.
is an integral spectrum of Islamic law which is inseparable from the dimensions of aqidah and Islamic morality.
Al-Auwl Al- Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 81 of a guardian, when connected with marriage law, is someone who acts on behalf of the bride in carrying out the marriage contract.
The marriage contract is carried out by the two brides, the male party, which is carried out by the groom himself and the woman whose her marriage guardian At present, there is still the practice of forced marriages and marriages through arranged marriages without the basis of love, which are the cause of domestic social problems in the community.
As a result, these marriage practices cause disharmony in the household until it ends in divorce.
6 There are several factors behind parents to force their children to marry.
The first is economic factor.
Due to the economic needs of the lower middle class, encouraging guardians carry out marriages by finding husbands for their daughters with men whose economic level is higher/capable of their lives.
As is the case with the Lamurukung Community.
Bone Regency.
Syakhiyyah .
amily la.
is a law that has been implemented in the Islamic world, and has even become their customary law.
Awareness to implement family law in the Islamic world is very high.
Not only in Islamic countries or countries where the majority of the population is Muslim.
Also, in secular countries where Muslims are a minority population.
Islamic family law is still applied and obeyed by Muslim families.
Djazuli.
Ilmu Fiqih: Penggalian.
Perkembangan.
Dan Penerapan Hukum Islam (Jakarta: Kencana, 2.
, 169.
Dede Nurdin.
AuKonsep Hak Ijbar Wali Nikah Menurut Fiqih Islam Dan Kompilasi Hukum Islam,Ay At-Tadbir 32, no.
: 94.
See the 2020 and 2021 Annual Report of the Indonesian Religious Court and Electronic Documents of Religious Court Decisions throughout Indonesia via the Indonesian Supreme Court Decision Directory Application https://putusan3.
Samsidar Fahri.
AuDampak Kawin Paksa Terhadap Kehidupan Rumah Tangga Pada Masyarakat Lamurukung Kabupaten Bone,Ay SUPREMASI: Jurnal Pemikiran.
Penelitian Ilmu-Ilmu Sosial.
Hukum Dan Pengajarannya .
https://doi.
org/10.
26858/supremasi.
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Parents who forcibly marry off their daughters wish to see an adequate life for their children.
For this reason, they find husbands for their daughters with men whose economic level is higher than theirs.
Even though the daughter disagrees with the future husband her father is looking for, the father does not care.
The important thing is that the groom agrees to marry his daughter.
Second is the hereditary factor where the guardians look for potential husbands for their daughters based on their ancestry.
In the context of heredity, a guardian looks for a potential husband for his daughter in the form of a boy from the same ancestry as his daughterAos family.
This is the case in the Mlarak District.
Ponorogo Regency.
9 This hereditary factor is one factor that influences the implementation of marriages based on coercion because the guardians find a mate for their children, as seen from their religious obedience, sufficient economy, and good In this case, the guardian usually looks for potential husbands for their children with people they know well because if the guardian knows them well, they can find out the manAos ancestry.
Third is educational factor.
People with low levels of education make these people less aware of marriage law.
This dramatically affects the level of understanding, especially marriage law.
The lack of understanding of national and Islamic marriage law is due to the low level of public education.
This is the case with the example of Fahri, 28.
Ahmad Budi Zulqurnaini.
AuPandangan Hukum Islam Terhadap Nikah Paksa Karena Titumbukne (Studi Kasus Di Kecamatan Mlara.
Ay (STAIN Ponorogo, 2.
, 62.
10 Zulqurnaini, 62.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 83 Karang Wedoro Village.
Turi District, and Lamongan Regency.
Lastly is the customary or Habits Factor.
Customs or habits in an area significantly affect the way of life of a group of people.
These customs or habits play a significant role in regulating the life of a society.
In addition, people generally follow the customs that apply in their respective As with the example in the case of Watang Sawitto.
Kabupaten Pinrang.
Customs and culture of marriage through arranged marriages still occur frequently in society.
Parents match their young children with relatives, close family, and children of friends so that kinship is still maintained.
Because of that, it has become a culture in the family to marry at a young age and arrange marriages by their parents because of the culture still attached to the family.
Several legal consequences in marriage based on coercion generally cause disharmony between husband and wife besides divorce.
If the marriage is carried out based on coercion, a problem will likely arise in domestic For example, there are quarrels, disputes, and misunderstandings between husband and wife, like the case example in Panaan Village.
Palengaan District.
Pamekasan Regency.
14 This is because they do not want to Hisdiyatul Izzah.
MirAoatul Firdausi, and Tiyan Iswahyuni.
AuFaktor Dan Dampak Nikah Paksa Terhadap Putusnya Pernikahan Menurut Kompilasi Hukum Islam,Ay The Indonesian Journal of Islamic Law and Civil Law 2, no.
: 71,
https://doi.
org/10.
51675/jaksya.
12 Nelda K.
AuNelda K.
AuTinjauan Sosiologi Hukum Terhadap Nikah Paksa (Studi Kasus Di Watang Sawitto Kabupaten Pinran.
Ay (IAIN Pare-Pare, 2.
, 49.
13 K, 49.
14 Imam Hafas.
AuDampak Kawin Paksa Terhadap Keharmonisan Rumah Tangga Dalam Perspektif Hukum Islam,Ay Mitsaqan Ghalizan 1, no.
: 36.
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understand each other, give in to each other, and lack communication because they do not know each otherAos character very well.
Moreover, there is a lack of love for each party.
Due to forced marriages, these things are caused by the lack of harmony between husband and 15 The role of asking for the approval of the prospective bride and groom in marriage is critical.
This is because estrangement and bickering are possible between husband and wife in every marriage and household life.
Especially if, in a marriage, there is an element of compulsion.
Marriages performed based on coercion have the potential to end in divorce.
As is the case with the Lamurukung Community.
Bone Regency.
Currently there is no research that discusses the establishment of wali mujbir norms in marriage law or the Religious Courts Law to prevent the possibility of forced Then there is also a legal vacuum in marriage law or the Religious Courts Law regarding mechanisms for preventing forced marriage.
Through this research, a legal formulation of the authority of the religious court in the field of marriage was initiated, particularly regarding the authority of the religious court in handling cases of marriage prevention.
Thus, the authority of the religious court does not only handle cases of preventing marriages committed by external parties against parties who are about to marry or preventing marriages against the marriage plans of prospective husbands or prospective wives.
Thus, new legal provisions regarding the role of children can be accommodated in an active, direct, and independent way Hafas, 37.
Fahri.
AuDampak Kawin Paksa Terhadap Kehidupan Rumah Tangga Pada Masyarakat Lamurukung Kabupaten Bone,Ay 28.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 85 to prevent forced marriages against them by marriage guardians through religious court.
After the introduction, this article will discuss the concept of wali mujbir in fiqh and forced marriage.
Then, discusses about formulating forced marriage prevention through the religious court decisions on wali mujbir.
Furthermore, discusses maqid syariAoah and human rights analysis toward the prevention of forced marriage through religious court.
The discussion ends with a concluding section.
Wali Mujbir and Forced Marriage Wali mujbir is a designation in fiqh that comes from the concept of ijbr.
Etymologically, the word ijbr comes from the basic word jabara formed in pattern afAoala becomes ajbara-yujbiru-ijbrun, which means to force and oblige to do something.
18 In terminology, ijbr is the permissibility for a father or grandfather to marry off a young girl without his permission.
Further, a guardian, when connected with marriage law, acts on behalf of the bride in carrying out the marriage contract.
Thus, a guardian who uses ijbr rights is called a wali mujbir.
It can be understood that a wali mujbir is a guardian who has the right to force his will to marry his child or someone under his guardianship to marry without the Jalaluddin Jalaluddin Halim.
Ahmad Rasyidi .
Fahmi Al Amruzi.
AuRechtsvacuum Dalam Pencegahan Perkawinan Paksa Di Peradilan Agama (Telaah Yuridis Sosiologis Kebebasan Anak Untuk Memilih Pasangan Dalam Perkawina.
,Ay in Proceeding International Seminar of Islamic Studies, 2023, 322.
18 A.
Munawir.
Kamus Al-Munawir (Surabaya: Pustaka Progresif, 1.
, 78.
19 Muhammad Ngizzul Muttaqin and Nur Fadhilah.
AuHak Ijbar Wali Tinjauan Maqashid SyariAoah Dan Antropologi Hukum Islam,Ay De Jure: Jurnal Hukum Dan SyarAoiah 12, no.
: 105,
https://doi.
org/10.
18860/j-fsh.
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need to ask for an opinion or without the need to obtain permission or approval from the child or person to be 20 Furthermore, the wali mujbir is also a wali nasab who, in this context, carries out coercion by using his ijbr rights in the framework of the marriage of his child or someone under his guardianship.
Forced marriage means a marriage that is carried out not of their own volition or because of pressure, either from parents or other parties who have the right to force them to marry.
22 The term forced marriage is textually not mentioned in the fiqh literature.
However, in fiqh munakahat .
iqh about marriag.
, it is discussed about the ijbr rights and wali mujbir.
Understanding of the term wali mujbir gave rise to the term forced marriage, where the right of ijbr is understood as the right to force a marriage by another person, which in this case is carried out by the father.
simple terms, forced marriage can be interpreted as a marriage bond without the consent of one of the parties.
The legal basis for the concept of ijbr is related to the Sayuti Thalib.
Hukum Kekeluargaan Indonesia (Jakarta: UI Press, 2.
, 65.
21 Muhammad Taufiq Habibi Talli and Abdul Halim.
AuPandangan Mazhab Al-SyafiAoi Dan Hanafi Tentang Wali Mujbir Dalam Pernikahan Anak Di Bawah Umur,Ay Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Volume 3, no.
Issue 1 .
371, https://doi.
org/10.
24252/shautuna.
22 M ast h ur iy ah S aAod an.
Au Me nak ar T r ad i si K awi n P ak s a Di M ad ur a D eng an Bar o met er H a m.
Ay Mu s y wa J u rn al S tu d i Gen de r D an Isl a m .
0 1 5 ):
ht t p s: / /d o i.
o r g /1 0 .
1 4 4 2 1 /m u sa wa.
2 0 1 5 .
1 4 2 .
1 4 3 -1 5 6 .
23 Arif Kurniawan.
AuKawin Paksa Dalam Pandangan Kiai Krapyak,Ay AlAhwal: Jurnal Hukum Keluarga Islam 9, no.
: 102,
https://doi.
org/10.
14421/ahwal.
24 Abu Bakar.
AuKAWIN PAKSA (Problem Kewenangan Wali Dan Hak Perempuan Dalam Penentuan Jodo.
,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 5, no.
: 84, https://doi.
org/10.
19105/allhkam.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 87 hadith of the Prophet Muhammad as narrated by Imam BukhAri (Hadith number 5.
Through the contents of the hadith narrated by Imam Bukhari, most fiqh scholars make this hadith the basis for the validity of the wali mujbir.
This refers to the incident of Abu BakrAos, who married his daughter.
Aisyah, to the Prophet Muhammad when Aisyah was 6 .
years old and got along with the Prophet Muhammad when Aisyah was 9 .
years old.
Through this hadith, some jurists understand that various matters concerning young children are the father's responsibility.
Therefore, this hadith determines the fatherAos ijbr rights for his child.
The legal basis for ijbr rights is also based on the hadith of the Prophet Muhammad about the classification and differences between girls and widows.
The fatherAos power as the groupAos guardian is not the same as in the editorial of the hadith, which reads: alAoayim ahaqqu bi nafsih min waliha which means the widow has more rights over herself than her guardian .
he hadith of the Prophet Muhammad as narrated by Imam BukhAri, hadith number 27 Based on this hadith, the widow has more rights over herself than her guardian.
So, his mafhum mukhalafah .
he opposite understandin.
is that fathers have more rights over their daughters.
Discussion of wali mujbir with ijbr rights attached to the guardian is also based on religious concern for women under guardianship.
In the realm of fiqh, there are dynamic differences regarding the issue of wali mujbir.
Muuammad bin Ismail Al-BukhAr, auu Al-BukhAr (Beirut: DAr alFikr, 2.
, 268.
26 Ilham Akbar Perdana Putra.
Jumni Nelli, and Zulfahmi Zulfahmi.
AuHadits Wali Nikah Dan Implikasi Terhadap Wali Mujbir,Ay Jurnal Pendidikan Tambusai 6, no.
: 128.
27 Al-BukhAr, auu Al-BukhAr, 265.
28 Kurniawan.
AuKawin Paksa Dalam Pandangan Kiai Krapyak,Ay 104.
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Islamic Jurists have different opinions regarding the issue of the wali mujbir.
Abu Hanifah29 against coercion in According to him, the implementation of marriage must get the childAos consent.
A must if the child refuses a forced marriage.
The legal basis used by Abu Hanifah is the hadith, which states that a guardian may marry a girl on condition that the daughter agrees and that the daughterAos consent is sufficient to remain silent.
Meanwhile.
Imam Malik31 considers the issue of wali mujbir is a situation where a father, in terms of his power, has the right to force his daughter to marry and the right of ijbr .
This is only limited to one father.
32 Marriage guardians outside the father .
or example, grandfather, biological or paternal brother, biological or paternal brotherAos children, biological or paternal uncle, biological or paternal uncleAos children, and other.
may not use Even so, guardians other than the fatherAos side can become marriage guardians if there is consent from the daughter concerned.
Imam Abu Hanifah is the founder of the Hanafi school of thought who still has family ties with Ali bin Abi Talib.
During his life he was known as a person who was very knowledgeable, expert in asceticism, very humble, and very firm in holding on to religious Muuammad Jawad Mughniyah.
Al-Fiqh Aoala Al-Madzahib Al-Khamsah (Beirut: Dar al-Tayyar al-Jadidah wa Dar al-Jawad, 2.
, 25.
30 Khoiruddin Nasution.
Hukum Perkawinan (Yogyakarta: Academia dan Tazzafa, 2.
, 86.
31 Imam Malik is the second of the four famous Fiqh Imams.
The Imam Malik School (Maliki Schoo.
is a pioneer in the field of fiqh.
Many of his students spread his schools of thought and followed his method of determining the law.
Hasan Al-Jamal.
Biografi 10 Imam Besar.
Alih Bahasa M.
Khaled Muslih Dari Kitab Asli Hayat Al-Imam (Jakarta: Pustaka Al-Kautsar, 2.
, 31.
32 Nopia Nurhasanah.
AuHak Ijbr Wali Dalam Hukum PerkawinanAy (IAIN Purwokerto, 2.
, 20.
33 Moch.
Aufal Hadliq Khayyul Millati and Ridwan Yunus Waddin.
AuRelevansi Hak Ijbar Wali Nikah ( Study Pemikiran Wahbah AzZuhaili Dalam Fiqih Islam Wa Adillatuh.
Dan Kompilasi Hukum Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 89 Imam SyafiAoi34 classifies the guardians who have the right to force girls under his guardianship to marry are divided into three groups, namely:35 The group of immature women who have not reached 15 years of age or have not reached puberty .
In this case, a father has the right to marry off his daughter even without the childAos consent, with the condition that it brings benefits and rejects mafsadat.
The group of adult women.
Imam SyafiAoi, sees a balanced relationship between fathers as guardians and daughters.
However, the meaning of the emphasis is that the father has more rights in terms of the provisions of his daughterAos The group of widowed women.
Imam SyafiAoi follows the absolute provisions described in the hadith that a widow has more rights over herself than her In contrast, permission is an absolute that must be fulfilled by the guardian when he is going to marry off a child under his guardianship.
Ibnu Qudamah, as one of the well-known scholars from the Hanbali school of thought, agrees on the context of wali mujbir and the use of the right of ijbr in marrying immature women, whether the woman likes it or not, but Islam (KHI),Ay Mabahits : Jurnal Hukum Keluarga Islam 3, no.
: 113.
34 Imam ShafiAoi who is known as the founder of the ShafiAoi school is Muhammad bin Idris AsyAoSyafiAoi Al-Quraish.
Even though he grew up without a father and lived in an inadequate family situation, this did not make him feel inferior, inferior, let alone lazy.
On the contrary, he was very active in studying hadith from hadith scholars who were widely spread throughout Arabia such as Mecca.
AlJamal.
Biografi 10 Imam Besar.
Alih Bahasa M.
Khaled Muslih Dari Kitab Asli Hayat Al-Imam, 29.
35 Nasution.
Hukum Perkawinan, 87.
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the conditions that must be fulfilled are sekufu.
Ibnu Qudamah also believes that a father .
has the right to force his daughter whether she is an adult or a minor.
According to Ibnu Qudamah, the legal basis is the actions of the Prophet Muhammad.
who married AoAisyah when he was about seven years old and got together after AoAisyah was nine years old.
In the context of IndonesiaAos national law, the provisions of Article 6 paragraph .
of Law Number 1 of 1974 stipulate that one of the conditions for marriage is the consent of the prospective bride and groom.
37 Likewise.
Article 72 of the Compilation of Islamic Law stipulates that void marriages are marriages without guardians or carried out by guardians who are not entitled and marriages carried out by force.
38 This shows that the ijbr right of the guardian, according to the provisions of Article 72 of the Compilation of Islamic Law, is not allowed because the ijbr right contains an element of coercion.
Formulating Forced Marriage Prevention through the Religious Court Decisions on Wali Mujbir One of the legal dynamics discussed in marriage law relates to the issue of guardians.
39 In this case, the context Nasution, 88.
Article 6 paragraph .
Law Number 1 of 1974 on Marriage.
38 Article 72 Presidential Instruction Number 1 of 1991 on Dissemination of the Compilation of Islamic Law.
39 Marriage law as part of al-Auwl Al-Syakhiyyah .
amily la.
is an integral spectrum of Islamic law which is inseparable from the dimensions of aqidah and Islamic morality.
al-Ahwal Al-Syakh iyyah .
amily la.
is a law that has been implemented in the Islamic world, and has even become their customary law.
Awareness to implement family law in the Islamic world is very high.
Not only in Islamic countries or countries where the majority of the population is Muslim.
Also, in secular countries where Muslims are a minority population.
Islamic family law is still applied and obeyed by Muslim Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 91 of a guardian, when connected with marriage law, is someone who acts on behalf of the bride in carrying out the marriage contract.
The marriage contract is carried out by the bride and groom, namely the male party, which is carried out by the groom himself, and the female party, which is carried out or represented by his guardian.
Philosophically, the urgency of the position of a guardian becomes significant because it relates to the conditions, pillars, and validity of a marriage.
41 Of course, the marriage must be based on love between the two This aims to fulfill natural and religious provisions to create a sakinah, mawaddah, and raumah family which means a family with tranquility, love and mercy.
Juridically, guardianship provisions in marriage are regulated is Islamic law and national law.
Several verses of the QurAoan concern the position of guardian is Islamic marriage law.
This follows AllahAos word in the chapter anfamilies.
Djazuli.
Ilmu Fiqih: Penggalian.
Perkembangan.
Dan Penerapan Hukum Islam, 169.
40 Nurdin.
AuKonsep Hak Ijbar Wali Nikah Menurut Fiqih Islam Dan Kompilasi Hukum Islam,Ay 94.
41 The conditions for marriage in Islamic law include: There is consent from both parties of the bride and groom, both the man and the woman without any coercion.
Adult.
Similarity of Religion (Isla.
There is no lineage relationship, rasaAoah .
relationship and mu aharah .
The pillars of marriage, among other things, must exist: Prospective husband.
Candidate Marriage Guardian.
Two witnesses.
Ijab and granted.
Abdul Djamali.
Hukum Islam (Asas-Asas.
Hukum Islam I.
Hukum Islam II) (Bandung: CV.
Mandar Maju, 1.
, 79Ae81.
42 There are three ideal aspects that are building life in the household as the goal of marriage in Islam.
First, litaskunu ilaiha which means sakinah in the form of a calm, peaceful, harmonious and peaceful atmosphere in a household.
Second, mawaddah or mutual love.
this case, love is subjective, namely for the benefit of those who love.
Third, raumah namely affection that is objective, namely affection which is the basis for love.
Agus Riyadi.
Bimbingan Konseling Perkawinan (Dakwah Dalam Membentuk Keluarga Sakina.
(Yogyakarta: Ombak, 2.
, 104.
92 | Mazahib Jurnal Pemikiran Hukum Islam.
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Nur verse 32.
Guardian provisions are43 also contained in several hadiths of the prophet Muhammad, like the hadith narrated by Imam Abu Dawud .
adith number 2.
regarding the prohibition of marriage without guardian.
In the context of national law, the position of marriage guardian is regulated explicitly in the Presidential Instruction of the Republic of Indonesia Number 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law.
Child guardianship is regulated in Law Number 23 of 2002 concerning Child Protection, amended by Law Number 35 of 2014, and the second amendment through Law Number 17 of 2016.
There is a dynamic debate about the position of the guardian in the marriage procession.
Regarding this matter, the debate about the role of the marriage guardian is not only related to the issue of the validity of oneAos However, it also relates to the right to marry people under his guardianship.
It is also related to the issue of licensing for people who are going to marry.
If a guardian forces his child or someone under his guardianship to marry another person without the childAos desire or consent, both girls and boys, that guardian is called a wali mujbir.
Regarding the provisions of wali mujbir in marriage, the majority of fiqh scholars, such as the Malikiyah.
SyafiAoiyah.
Hanabilah and eahiriyah .
xcept Hanafiya.
allow guardians to use ijbr rights with various classifications and specific conditions.
The problem that arises later is when in practice, the coercive act of a guardian who takes refuge behind the right of ijbr is only used as a means to force his child to marry Depag RI.
Al-QurAoan Terjemahan (Semarang: CV.
Toha Putra, 1.
, 44 Ab Sulaiman ibn al-AsyAoas Al-Sijista.
Sunan Ab Dawud Juz i (Beirut: DAr al-Fikr, 1.
, 193.
45 Mughniyah.
Al-Fiqh Aoala Al-Madzahib Al-Khamsah, 235.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 93 the choice of the guardian without the consent and approval of the child or the person under his guardianship.
Parents or guardians should also pay attention and consider the views and wishes of children.
This is because children have the right to continue their lives in the future.
Even so, it does not mean that children are immediately justified in ignoring parental advice in their marriage.
Sociologically, there is still the practice of forced marriages and marriages through arranged marriages without a basis of love among the people.
Not a few of these marriage practices ended in divorce.
There are several examples of legal cases in the religious court related to divorce caused by forced marriages and divorce caused by arranged marriages without love.
The various cases studied consist of divorce cases that were decided and signed in 2020 and 2021.
In this case, 2 .
cases were studied.
The following will describe the position of the legal case:46 Decision Number 5001/Pdt.
G/2020/PA.
Im is a divorce lawsuit filed by the Plaintiff as the wife against the Defendant as the husband (Divorce Cas.
at the Indramayu Religious Court.
Indramayu Regency, in 2020.
In this case, the Plaintiff argued that he only lived in the household for 3 .
This was because the marriage between the Plaintiff and the Defendant was based on coercion from the PlaintiffAos parents.
As a result, the Plaintiff was unable to continue his Therefore, the Plaintiff filed for divorce at the Indramayu Religious Court.
This case has been proven in court so that the Panel of Judges has granted the divorce suit from the Plaintiff.
The Indonesian Supreme Court Decision Directory Application at the link https://putusan3.
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Decision Number 533/Pdt.
G/2021/PA.
Bjm is a divorce lawsuit filed by the Plaintiff as the wife against the Defendant as the husband (Divorce Cas.
at the Banjarmasin Religious Court.
Banjarmasin City, in 2021.
In this case.
Plaintiff argued that since the beginning of their marriage.
Plaintiff and DefendantAos household was not Plaintiff and Defendant got married because PlaintiffAos parents arranged an arranged The marriage of the Plaintiff and the Defendant only lasted 1 .
After that, the Plaintiff and the Defendant separated their residence for more than 1 .
Therefore, the Plaintiff filed for divorce at the Banjarmasin Religious Court.
This case has been proven in court so that the Panel of Judges has granted the divorce suit from the Plaintiff.
Based on data obtained from the 2020 and 2021 Annual Reports of the Religious Court of the Republic of Indonesia as well as Electronic Documents of Decisions of Religious Courts throughout Indonesia on the website of the Directory of Decisions of the Supreme Court of the Republic of Indonesia, it shows that in 2020 and 2021 there have been many divorce lawsuits, especially divorce lawsuits caused by forced marriages and marriage through arranged marriages without the basis of love as per Table See the 2020 and 2021 Annual Report of the Indonesian Religious Court and Electronic Documents of Religious Court Decisions throughout Indonesia via the Indonesian Supreme Court Decision Directory Application at the link https://putusan3.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 95 Table 1.
Divorce Due to Forced Marriage and Arranged Marriage Cases in Religious Court throughout Indonesia in 2020 and 2021 Case Some Causes of Divorce Divorce caused by forced Divorce is caused by marriage through an arranged marriage without a basis of love Year Year Number of Total Cases Number of Cases As illustrated by the data in the table above, it shows that there is still the practice of forced marriages and arranged marriages without love as the cause of domestic social problems in the community.
As a result, these marriage practices cause disharmony in the household until it ends in divorce.
Regarding the legal problems related to the practice of forced marriages and marriages through arranged marriages without the basis of love, this is related to the mechanism of legal prevention.
In this case, there is no legal provision that regulates the prevention of forced marriages by marriage guardians against children, which children can independently pursue to prevent forced marriages against themselves.
In a sense, there is no legal regulation to accommodate childrenAos efforts internally to prevent forced marriages against them by marriage 96 | Mazahib Jurnal Pemikiran Hukum Islam.
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The provisions of Article 6 paragraph .
of Law Number 1 of 1974 concerning Marriage stipulates that marriage must be based on the consent of the two prospective bride and groom.
48 Apart from that.
Article 16 paragraph .
of the Compilation of Islamic Law also stipulates that marriage is based on the consent of the prospective bride and groom.
The provisions of Article 14 paragraph .
of Law Number 1 of 1974 concerning Marriage only stipulate that those who can prevent marriage are families in the straight line up and down, siblings, marriage guardians, and guardian guardians of one of the prospective bride and 50 Likewise, the provisions of Article 62 paragraph .
of Presidential Instruction Number 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law stipulates that those who can prevent marriage are families in the lineage straight up and straight down, siblings, marriage guardians, guardian guardians from one of the bride and groom.
Subsequent legal provisions in Article 49 of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Court, the latest being amended by Law Number 50 of 2009 stipulates that the religious court has the duty and authority to examine, decide and resolve cases at the first level between people who are Muslim in the areas of: marriage.
and shariah economy.
Article 6 paragraph .
Law Number 1 of 1974 on Marriage.
Article 16 paragraph .
Presidential Instruction Number 1 of 1991 on Dissemination of the Compilation of Islamic Law.
50 Article 14 paragraph .
Law Number 1 of 1974 on Marriag 51 Article 62 paragraph .
Presidential Instruction Number 1 of 1991 on Dissemination of the Compilation of Islamic Law.
52 Article 49 of Law Number 3 of 2006 on changes to Law Number 7 of 1989 on Religious Court.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 97 The elucidation of Article 49 letter a number 4 of Law Number 3 of 2006 concerning Amendment to Law Number 7 of 1989 concerning Religious Court which was last amended by Law Number 50 of 2009 contains provisions that what is meant by marriage is matters which are regulated in or based on laws regarding valid marriages conducted according to shariah, including number .
about prevention of marriage.
It can be understood that various existing legal provisions only accommodate the prevention of marriage for those who are about to get married.
In a sense, marriage prevention can be carried out by external parties against the marriage plans of the prospective husband or prospective wife.
Thus, there is no legal provision that regulates the prevention of forced marriages by marriage guardians to children through the active, direct, and independent role of children to prevent forced marriages against themselves.
Based on the various descriptions above, two problems were found as the primary basis for conducting this research.
In this case, it includes sociological problems and juridical problems.
First, the sociological problems in this study are related to the practice of forced marriages and arranged marriages without love in society.
As a result, these marriage practices cause disharmony in the household until it ends in divorce.
This is contrary to the legal principle of marriage that marriage is a solid bond .
iqn galie.
established based on mutual consent and consent between the two husbands and wives.
Likewise, in other cases of forced marriages to children or parties under guardianship that were previously carried out by the childAos family, such as uncles.
Article 49 of Law Number 3 of 2006 on changes to Law Number 7 of 1989 on Religious Court.
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and not carried out by the biological father because the child is an orphan, in this case, the child is in an inferior position compared to the marriage guardian.
Several examples of these cases occurred because legal provisions had not been accommodated regarding the role of children in an active, direct, and independent way to prevent forced marriages against them by marriage guardians.
Second, the juridical problems in this study are related to the authority of the religious court in Indonesia.
In this case, there is no legal regulation regarding the authority of the religious court in handling cases of preventing forced marriages of children through decisions regarding wali mujbir in the religious court.
The case of preventing forced marriages of children through decisions regarding wali mujbir in the religious court is crucial.
At least several things need to be used as a legal reflection, including the practice of forced marriages and arranged marriages without love among the people.
Furthermore, these marital practices create disharmony in the household, which ends in divorce.
Based on the description above, it is important to formulate the legal authority of the religious court in the field of marriage, especially regarding the authority of the religious court in handling cases of preventing marriage.
Thus, the authority of the religious court does not only handle cases of preventing marriages committed by external parties against parties who are about to marry or preventing marriages against the marriage plans of prospective husbands or prospective wives.
In this case, the parties that can prevent marriage are the families in the straight line up and down, relatives, marriage Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 99 guardians, and guardians of one prospective bride and The idea of legal formulation in this study relates to the authority of the religious court in handling cases of preventing forced marriages against children.
Thus, new legal provisions regarding the active role of children can be accommodated directly and independently to prevent forced marriage against them by the marriage guardian.
Furthermore, if the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then the marriage guardian is declared as wali mujbir as outlined in the decision of the religious With this decision, the Office of Religious Affairs can reject the registration of forced marriages against children by guardians.
Legal ideas in this research are hoped to bring justice, certainty, and benefit to children and their future This can be an alternative solution to prevent the practice of forced marriages that still occur in society.
Ultimately, it is also one of the efforts to reduce the high number of divorces in the religious court.
Article 14 paragraph .
Law Number 1 of 1974 on Marriage.
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Table 2.
Legal Formulations Explanation of Article 49 letter a number 4 Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Court Prior to Legal Formulation Legal Vacuum Article 49 of the Void in the Explanation Law on Religious of Article 49 letter a Court:
number 4 of the Law on Religious Court:
The Religious Court has the duty A It only regulates the and authority to examine, decide, marriage for those and resolve cases at who are getting In a sense, between Muslim the prevention of people in the fields marriage is carried of marriage, heir, out by external will, grant, waqf, parties against the zakat, infaq, alms marriage plans of prospective wife.
Explanation Article 49 letter A There is no legal number 4 of the Law on Religious Court:
prevention of forced What is meant by marriage guardians matters that are whom children can regulated in or After doing Legal Formulation The formulation of the Explanation of Article 49 letter number 4 of the Law on Religious Court becomes:
What is meant by matters regulated in or based on the law regarding valid marriages that are shariah, including:
prevention of child forced marriages.
Furthermore, if the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 101 marriages that are shariah, including number .
prevention of marriages.
pursue to prevent against themselves.
In a sense, there is no legal regulation childrenAos internally to prevent against them by declared as wali mujbir as outlined in the ruling of the religious court.
This research is further expected to provide positive and progressive implications and contributions in the field of marriage.
In particular in terms of preventing child forced marriages.
In this case, it includes the implications and contributions of academic, juridical, and sociological The academic impact of this study is related to the legal formulation studied.
This research is directed to contribute and develop academic concepts in the form of new legal formulations to prevent forced marriages of children through decisions regarding wali mujbir in the religious court.
Through this research, an in-depth analysis and study is carried out regarding the relevant concepts, arguments, and legal basis.
Furthermore, this research proposes that the context of wali mujbir, which has so far been at the level of normative discourse, is directed to an implementable level in the technical realm of The juridical impact of this study is directed to fill the legal vacuum .
echts vacuu.
in the law on the religious This case concerns the vacuum of the legal authority of the religious court in handling cases of preventing forced marriages of children through decisions regarding wali 102 | Mazahib Jurnal Pemikiran Hukum Islam.
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mujbir in the religious court.
If so far, the religious court has the authority to handle cases of wali adal .
eluctant guardians prevent, obstruct, or withhold the will of a marriag.
, then ideally, in the case of wali mujbir .
uardians who force a marriag.
, it also needs to be accommodated as part of the authority of the religious The sociological impact of this study is oriented as an alternative solution to prevent the practice of forced marriages that still occur in society.
Ultimately, it is also one of the efforts to reduce the high number of divorces in the religious court.
Furthermore, through this research idea, it is hoped that justice, certainty, and benefits will be realized for children and their lives.
Maqid SyariAoah and Human Rights Analysis Toward the Prevention of Forced Marriage through Religious Court Perspectives of Maqid SyariAoah In general, maqid syariAoah means the goals of the In the scope of usul fiqh, the study of maqid syariAoah is oriented to determine the goals to be achieved by the formulators in making laws.
The purpose of the law is one of the essential factors in determining Islamic law.
As for maslahat, it means benefit or goodness.
The maslahat study is multifunctional in solving various legal 56 The study of maqid syariAoah and maslahat always go hand in hand.
Thus, it can be understood that Abdul Aziz Dahlan.
Abdul Aziz Dahlan.
Ensiklopedia Hukum Islam Jilid 4 (Jakarta: Ichtiar Baru Van Hoeve, 1.
, 1108.
56 Asmawi.
Teori Maslahat Dan Relevansinya Dengan PerundangUndangan Pidana Khusus Di Indonesia (Jakarta: Badan Litbang dan Diklat Kemenag RI, 2.
, 35.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 103 the projection of maqid syariAoah .
he goal of Islamic law is prescribe.
is for the benefit of humanity globally.
Al-Ghazali emphasized the importance of maqid syariAoah in establishing Islamic law.
He explains the purpose of the ShariAoa in terms of maslahat.
According to al-Gazali, maslahat is realizing benefits and getting rid of The discussion on maqid syariAoah and maslahat is carried out by ash-Syatibi in his book al-Muwafaqat.
explicitly states that Allah, in establishing all His laws, is always based on the realization of human benefit, both in this world and in the hereafter.
Therefore, taklif .
egal impositio.
in the field of law must lead to the realization of the purpose of the law.
Asy-Syatibi further states that benefit can be appropriately realized if he maintains 5 .
main elements, which he calls al-kulliyatu al-khamsah, namely:
Protection of religion .
ife ad-di.
Protection of the soul .
ife an-naf.
Protection of reason .
ife al-Aoaq.
Protection of offspring .
ife an-na.
and Protection of wealth .
ife al-m.
The main elements of maqid syariAoah must be maintained to realize benefits.
Asy-Syatibi then divides the conditions for maintaining these basic elements, including: Maqid ad-Darriyat is maintaining the five basic elements of human life.
If it is not maintained, it will impact the damage to human life in this world and the hereafter.
Maqid alHajiyat is an essential need that can avoid difficulties for If it is not fulfilled, then it does not threaten the Asmawi, 35.
Ab amid Muuammad bin Muuammad Al-Gazali.
Al-Mustasyfa Min AoIlmi Al-Uul (Kairo: Al-Amiriyah, n.
), 250.
59 Ab IshAq Ibrahim bin Musa bin Muuammad al-Lakhmi Al-Syaibi.
Al-Muwafaqat F Uul Al-SyariAoAh (Beirut: Ab IshAq Ibrahim bin Musa bin Muuammad al-Lakhmi Al-Syaibi.
Al-Muwafaqat F Uul al-SyariAoah (Beirut: Dar al-Kutub al-Ilmiyah, n.
), 42.
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existence of the five basic elements but only creates difficulties for humans.
and Maqid at-Tahniyyat is a need that supports improvement for perfecting the maintenance of these basic elements.
Based on this discussion, it can be understood that the orientation of Islamic law must be based on something more fundamental than the dogmatic level, in the sense of being a value system that is consciously embraced as a belief to realize justice and the benefit of humanity.
Thus, it is clear that the fundamental purpose of establishing Islamic law is universal human benefit.
When connected with this research, the legal formulation of preventing forced marriages of children through decisions regarding wali mujbir in religious court is relevant to the concepts of maqid syariAoah and maslahat, especially concerning protection of the soul .
ife an-naf.
and protection to offspring .
ife an-na.
Thus, new legal provisions regarding the role of children can be accommodated in an active, direct, and independent way to prevent forced marriages against them by marriage Parents or guardians ideally do not force their children to marry without the childAos prior consent.
This is because, in essence.
Islam does not teach an attitude of coercion .
and discrimination against fellow human beings, especially children.
Islam considers the values of equality, equity .
l-musywa.
, and freedom .
l-hurriya.
in resolving various legal problems.
Al-Syaibi, 43.
Ahmad Rasyidi Halim.
AuPemikiran Ibnu Qayyim Al-Jauziyyah Tentang Wali Mujbir Dalam Pernikahan (Perspektif Hak Asasi Ana.
,Ay Jurnal Studi Agama Dan Masyarakat 12, no.
: 140,
https://doi.
org/https://doi.
org/10.
23971/jsam.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 105 Every individual is free to carry out legal actions with a total sense of responsibility, including in matters of This also follows Islamic teachings, which always lead to the ideals of the QurAoan, which uphold human values and actualize its laws for the peopleAos interests by prioritizing maslahat.
Perspectives of Human Rights The definition of human rights concerns protecting a person from oppression by anyone, state or non-state.
Meanwhile, the notion of fundamental rights concerns the protection of a citizen or resident from oppression by the Human Rights are inherent in every human being from birth, are valid for life, and cannot be contested by 63 Referring to the provisions of Article 1 of Law Number 39 of 1999 concerning Human Rights, it is stated that Human Rights is a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, government, and everyone for the honor and protection of human dignity.
The Human Rights Convention explains the concept of Human Rights.
1948, the United Nations issued the Universal Declaration of Human Rights (UDHR).
UDHR is basically about respecting the humanity of every person because he was born as a human being.
The UDHR consists of 30 articles.
Several human rights are listed in Arini Robbi Izzati.
AuKuasa Hak Ijbar Terhadap Anak Perempuan Perspektif Fiqh Dan HAM,Ay Al-Mawarid: Jurnal Hukum Islam 11, no.
: 249.
63 Qurrotul Ainiyah.
Keadilan Gender Dalam Islam: Konvensi PBB Dalam Perspektif Mazhab SyafiAoi (Malang: Intrans Publishing, 2.
, 64 Article 1 Law Number 39 of 1999 on Human Rights.
106 | Mazahib Jurnal Pemikiran Hukum Islam.
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the UDHR, namely: Equal Rights (Articles 1 and .
Right to Free Life (Articles 3, 4, and .
Legal Rights (Articles 6, 7 and .
the Right to Find a Match and Form a Family (Article .
this article states that every adult, male and female, has the right to get a mate and form a family according to his preferences without being limited by his nationality, religion, and nationality and the same rights in marriage and divorce.
the Right to Adopt a Religion (Article right to Expression or freedom of thought (Article .
the right to associate and assemble (Articles 19 and .
Right to get a job (Article .
the right to education and teaching (Article .
the right to determine their future and enjoy this life naturally and freely (Article .
This article states that the future of every human being cannot be humans are given freedom.
According to the provisions of Article 52 paragraph 1 of Law Number 39 of 1999 concerning Human Rights, childrenAos rights are human rights, and for the sake of their interests, the rights of children are recognized and protected by law since the child is in the womb.
Meanwhile, according to the provisions of Article 1 number 12 of Law Number 23 of 2002 concerning Child Protection, childrenAos rights are part of human rights that must be guaranteed, protected, and fulfilled by parents, families, communities, government, and the state.
Furthermore, in the provisions of Article 28B, paragraph 2 of the Constitution of the Republic of Indonesia, it is stated that AuEvery child has the right to survival, growth, and development and is entitled to protection from violence and discrimination.
Ay Indonesia ratified the Convention on the Rights of the Child and committed according to national law to respect, protect, promote, and fulfill childrenAos rights in Universal Declaration of Human Rights 1948.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 107 Indonesia.
Article 26 of Law Number 23 of 2002 concerning Child Protection states that parents are obliged and responsible for: caring for, nurturing, educating, and protecting children.
growing children according to their abilities, talents, and interests.
prevent the occurrence of marriage at the age of children.
Based on the above provisions, it is mandated for parents to prevent the marriage of their children who are still at the age of children and not to justify forced This is because every male and female child has the right to choose their life partner if they do not violate applicable laws and regulations.
All male and female children have the same right to enter into marriage.
In addition, in matters of child marriage, it should be based on their consent and There should not be any coercion in the marriage by anyone or any party.
This is because if there is an element of coercion in child marriage, it can potentially create resistance to the protection of childrenAos rights, which results in not achieving the goals of marriage.
As contained in the Convention on the Elimination of All Forms of Discrimination Against Women or CEDAW contained in Article 16 Paragraph 1, it is stated that state parties must take all appropriate steps to eliminate discrimination against women in all matters relating to marriage and relations within the family as well, in particular, must guarantee based on equality between men and women.
namely, first, equal rights to enter the marriage ladder.
Second, the same right to freely choose a partner and enter into marriage only with his free and full Article 26 of Law Number 23 of 2002 on Child Protection.
Kelompok Kerja Convention Watch and Yayasan Pustaka Obor Indonesia.
Hak Azasi Perempuan: Instrument Hukum Untuk 108 | Mazahib Jurnal Pemikiran Hukum Islam.
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When it is associated with the concept of wali mujbir and ijbr rights, then parents should not unilaterally force their children to marry without asking for the childAos permission and approval first.
Because, in essence, the rights of parents are more directed to the right to marry as a form of responsibility towards children.
Thus, it can be understood that within the context of marriage, every male and female child has the right to express opinions and determine the choice of a future life partner.
Even so, the childAos rights are not free without restrictions .
, but also need to pay attention to advice and suggestions from parents and extended family.
Thus, in implementing it, childrenAos human rights must be balanced with the implementation of the human rights of other related parties, including the role of parents.
The freedom given by Islam to women in choosing a partner is a form of caring and giving rights to be equal to Choosing a partner is the right of the woman with whom she will marry and when she will marry.
Other people, even if they are guardians, do not have the prerogative right to intervene or revoke these rights.
This right is a fundamental right given by Islam to women.
line with the rights granted by Islam.
Human Rights also mentions and provides an explanation and elaboration of the urgency of rights for women, in this case, the right to choose a partner.
Likewise, in the CEDAW article 16, paragraph 1 that state parties must take all appropriate steps to eliminate discrimination against women in all matters relating to marriage and relationships in the family and in particular must guarantee, based on equality between men and Mewujudkan Keadilan Gender (Jakarta: Yayasan Pustaka Obor Indonesia, 2.
, 67Ae68.
Rhona K.
dkk Smith.
Hukum Hak Asasi Manusia (Yogyakarta: Pusat Studi Hak Asasi Manusia, 2.
, 150.
Ahmad Rasyidi Halim, et.
Legal Formulation for Forced Marriage PreventionA | 109 women, namely: the same rights to enter the marriage the same right to freely choose a partner and enter into marriage only with his free and full consent.
rights and responsibilities during marriage and at the time of marriage dissolution.
the same rights and responsibilities as parents, regardless of their marital status, in matters relating to their children.
in all cases, the interests of the children shall be paramount When connected with this research, the legal formulation of the prevention of forced marriages against children through decisions regarding wali mujbir in the religious court is also relevant to the concept of human If one uses the lens of human rights in this case, human rights, especially for children and women, then the tradition of forced marriage is very contrary to human values that uphold the human rights of each individual.
Conclusion This study initiates a legal formulation within the authority of the religious court in the field of marriage, namely the authority of the religious court in handling cases of preventing forced marriages.
This research aims to formulate legal norms to prevent forced marriages that can be initiated by children or parties under guardianship through religious court.
Thus, new legal provisions regarding the role of children can be accommodated in an active, direct, and independent way to prevent forced marriages against them by marriage guardians.
If the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then the marriage guardian is declared a wali mujbir, as stated in the ruling of the religious court.
Furthermore, the idea of legal formulation to prevent forced 110 | Mazahib Jurnal Pemikiran Hukum Islam.
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marriages through religious court is relevant to maqid syariAoah and human rights.
Ahmad Rasyidi Halim, et.
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