Analysis of Islamic Law and Positive Law on Marriage Due to Violation of Moral Norms
Abstract
Violations of moral norms often have significant social impacts, one of which is marriage which is carried out as a form of resolving moral conflicts in society. This article aims to analyze marriage due to violations of moral norms in Pematang Siantar City based on the perspective of Islamic law and positive law in Indonesia. In Islamic law, marriage is often considered a solution to normalize social relations after the occurrence of a violation, although there are requirements and principles that must be met. Meanwhile, positive law in Indonesia emphasizes the formal legality aspect and does not explicitly regulate the obligation to marry in such situations. This study also discusses various social implications that arise as a result of this phenomenon, such as social pressure on the individuals involved, as well as its impact on household stability. Using a normative-juridical approach, this article reviews how the two legal systems view this phenomenon, as well as providing an overview of the integration efforts between religious, legal, and cultural values in resolving this problem. The results of the analysis show that a comprehensive approach is needed to handle marriage cases due to violations of moral norms, in order to ensure justice for all parties involved.
Downloads
References
Religion, D. (1993). Tashih Letter from Lajnah Pentashih Mushaf Al-Qur'an Department of Religion. Semarang: Citra Effhar.
Al Khatib Al Syirbaini, Al Iqna' Fi Halli al fadzi abi Syuja'. (Beirut, Dar al Fikr)
Al-Hamdani, H. S. A., & Nikah, R. (2002). 2nd edition, translated by Agus Salim. Jakarta: Amani Library.
Arief. T, (1998). Sahih Sunan Abu Daud Indonesian Edition, South Jakarta, Pustaka Azzam.
At-Tihami, & Sahrani. S. (2008) Fiqh Munakahat Complete Fiqh Study, Jakarta: Raja Wali Press.
Asmanizar, A. (2016). Marrying a Pregnant Woman Because of Zina in the Perspective of Islamic Law and Law no. 1 of 1974 concerning Marriage. Premise Law Journal, 5, 14184.
Audah, A. Q. (2007). Encyclopedia of Islamic Criminal Law. Charisma of Science.
Bashir. A. A, (2002). Islamic Marriage Law, Yogyakarta: UII Press.
Bassar, M. S. (1986). Certain Criminal Offenses in the Criminal Code, Bandung: Rosdakarya Youth.
Chazawi, A. (2005). Crimes Regarding Politeness, Jakarta: Raja Grafindo Persada,
Demak, R. P. K. (2018). Pillars and Terms of Marriage According to Islamic Law in Indonesia. Lex Privatum, 6(6).
Director General of Islamic Community Guidance of the Republic of Indonesia, (2010). Collection of Marriage Legislation, Jakarta: Ministry of Religion.
Harahap. M. Y (1993). Religious Courts and the Compilation of Islamic Law in the Indonesian Legal System, Yogyakarta: UII Press.
Huda, S. (2015). Adultery in the Perspective of Islamic Law and the Criminal Code. Hunafa: Journal of Studia Islamika, 12(2), 377-397.
Hidayatullah, S. (2018). Underhanded Marriage on Accusations of Zina (Qadhaf) Legal Sociology Perspective in West Rasana'e District. SANGAJI: Journal of Sharia and Legal Thought, 2(1), 1-35.
Hosen, I. (1971). Comparative Fiqh, (Jakarta: Ihya Ulumiddin Indonesia.
Haliman, (1970). Islamic Sharia Criminal Law According to the Teachings of Ahlus Sunnah, Jakarta: Bulan Bintang,
Irfan, I. (2018). Function of Hakam in Resolving Household Disputes (Syiqaq) in Religious Courts. EduTech: Journal of Educational and Social Sciences, 4(1).
Kamal, M. (1974). Principles of Islamic law regarding marriage. Jakarta: Bulan Bintang.
Marpaung. L, (2004). Crimes Against Morality and Prevenience Problems, Jakarta: Sinar Graphics.
Malik, M. A. (2003). Adultery: views of Islamic law and the Criminal Code. Jakarta: Bulan Bintang.
Novitalia, N. (2023). The Politics Of Islamic Law And Positive Law In The Arrangement Of Marriage Dispensation In Indonesia. Lex LATA, 5(3).
Sabiq. S, (1980), Fiqhussunah Jilid 6, terjemahan. Mohammad Thalib, Bandung: Alma’arif.
Saputra, Y. (2021). Legal Protection for Victims of the Crime of Rape in Positive Law in Indonesia. This article is in Access On Date, 9(1).
Yusriana, Y. (2021). Analysis of Forced Marriage According to Islamic Law. Juripol (Journal of the Ganesha Medan Polytechnic Institution), 4(2), 110-115.
Copyright (c) 2025 Muhammad Sya’ban Siregar, Syafruddin Syam, Heri Firmansyah
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
