TY  - THES
N1  - Pembimbing: Dr. H. Riyanta, M. Hum
ID  - digilib51044
UR  - https://digilib.uin-suka.ac.id/id/eprint/51044/
A1  - Nurul Fikri Ilham Pratama, NIM.: 18103040082
Y1  - 2022/02/16/
N2  - Cina buta marriages or tahlil marriages are marriages carried out to eliminate the prohibition of marriage or the return of a husband to his wife in which three divorces have occurred between the two by involving another man as muhallil or a party deemed to be lawful. This marriage is carried out in a way that the husband's wife must be willing to marry another man in a short time, after sexual intercourse occurs between the two, the other man must immediately divorce her. Before the marriage process, the parties first make mutually agreed agreements so that later this marriage can take place according to what was agreed upon. The wife is often forced to want to do this marriage while the other man wants to do a cina buta marriage so he is paid the agreed amount. In short, the duration of the marriage, as well as the controversial form and purpose of the cina buta marriage, need to find a solution in order to answer how the views of the Shafi'i Jurisprudence and the positive law of marriage respond to this marriage phenomenon.
This research was conducted using a normative qualitative method, with reference to legal sources, both Islamic law and positive law applicable in Indonesia, which were obtained through literature studies. In facilitating the analysis process, this study uses a theoretical framework in the form of the concept of Islamic law, the concept of marriage and the principles of marriage that underlie the formation of positive law of marriage. The concept of Islamic law is used as an analytical tool against the views of the Shafi'i Jurisprudence in answering the problems of cina buta marriage, while against a positive legal view, the concept of marriage and the principles of marriage are used as an analytical tool.
The results of the research that have been carried out show that cina buta marriages according to the Shafi'i Jurisprudence of cina buta marriages are legal marriages provided that in the marriage contract there are no matters relating to the conditions of cina buta marriages. The contract is required as a marriage contract in general. Meanwhile, according to positive law, cina buta marriages are not legal marriages, because in practice this marriage is not in accordance with Article 2 of the Marriage Law, where in addition to having to comply with religious law, a marriage is also required to be recorded. In addition, when viewed from the concept and principles of marriage, the cina buta marriage is at odds with these two things. So that this marriage is not the marriage intended and expected by the Marriage Law and the Compilation of Islamic Law.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Perkawinan
KW  -  Cina Buta
KW  -  Tahlil
M1  - skripsi
TI  - PERKAWINAN CINA BUTA PERSPEKTIF MAZHAB SYAFI?I
DAN RELEVANSINYA DENGAN HUKUM PERKAWINAN
DI INDONESIA
AV  - restricted
EP  - 190
ER  -