eprintid: 73066
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/07/30/66
datestamp: 2025-09-18 02:06:26
lastmod: 2025-09-18 02:06:26
status_changed: 2025-09-18 02:06:26
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Sabrina Rahma Salsabila, NIM.: 22203012030
title: PERTIMBANGAN HAKIM DALAM MENERIMA KESAKSIAN ISTIFADAH PADA PERKARA ISBAT NIKAH (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1209/Pdt.G/2023/PA.Btl)
ispublished: pub
subjects: 297.577
divisions: ilmu_sya
full_text_status: restricted
keywords: Pertimbangan Hakim, Saksi Istifadah, Isbat Nikah
note: Dr. Ahmad Bunyan Wahib, M. Ag., M.A.
abstract: The application for marriage legalization at the Bantul Religious Court,
identified in Decision Number 1209/Pdt.G/2023/PA.Btl, was submitted by the
applicants as heirs of the deceased couple. The heirs' interest in applying for
marriage legalization is to obtain a certificate of inheritance for the applicants.
The application to the Religious Court was made because the Religious Affairs
Office could not issue a certificate or duplicate marriage certificate due to the
absence of the 1948 marriage register book. During the hearing, the petitioners
presented indirect witnesses, namely neighbors and cousins of the petitioners. The
witnesses were unaware of the legal aspects of the marriage ceremony of their
parents because they did not attend the ceremony and were unaware of the
fulfillment of all the requirements, namely the marriage guardian, marriage
witnesses, the amount of the dowry, the mahram relationship, and the status of the
bride and groom. This study examines the legal stance of judges and the judicial
deliberation process in deciding to accept indirect witness testimony in marriage
validation cases, as well as the primary arguments for granting marriage
validation requests based on indirect witness testimony.
This study employs a field research method. It is descriptive-analytic in
nature, aiming to interpret legal terminology and examine its practical application
through analysis of the collected data. The approach used is legal empirical. Data
collection techniques include are court decision study and interviews with the
presiding judge in case number 1209/Pdt.G/2023/PA.Btl. The data analysis
method follows an inductive reasoning process using the interactive model
developed by Miles and Huberman.
The result of this study show that Panel Judges decided to accept the
istifāḍah witness in the marriage legalizition in case number
1209/Pdt.G/2023/PA.Btl. The acceptence process was carried out in three stages,
namely constatiring stage, qualifisiring stage, and the constituring stage. The
judges applied the constatiring stage by examining the domestic life and marital
history of the petitioners’ parents to validate the nature and continuity of the
marriage. There were no objections or disputes raised by any party regarding the
legality of the marriage. In the qualifisering stage, the Panel of Judges assessed
the credibility of the istifāḍah witness against the legal standards for witness
testimony admissible in marriage legalization cases. In certain circumstances,
istifāḍah witness is accepted exceptionally. At the final stage is constituring, the
basos and consideration for accepting the testimony of istifāḍah, namely legal
arguments, normative Islamic law, and sociological arguments. The legal
argements is grounded in Supreme Court Circular Letter No. 10 of 2020). The
judges referred to Islamic legal sources including Fiqh al-Sunnah Vol. III, I‘ānat
al-Ṭālibīn Vol. IV, and Bughyat al-Mustarshidīn. The sociological arguments
include the length of the marriage period, specifically the legal marriage of the
petitioners’ parents, which lasted 75 years. The facts of harmony within the
household, the production of offspring, and social recognition by the surrounding
community, coupled with the absence of disputes or objections from any party,
provide both social and legal legitimacy to strengthen the court’s conviction (qarinah) in accepting the testimony of the istifāḍah witness. Although the judges
referred to positive law, Islamic law, and sociological arguments mentioned above
as the main arguments for granting the request for marriage validation with
istifāḍah witness. The decision to grant the marriage validation has legal
implications for the civil rights of the petitioners from the couple whose marriage
was validated through the marriage validation mechanism, including civil
inheritance righ.
date: 2025-08-08
date_type: published
pages: 159
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Sabrina Rahma Salsabila, NIM.: 22203012030  (2025) PERTIMBANGAN HAKIM DALAM MENERIMA KESAKSIAN ISTIFADAH PADA PERKARA ISBAT NIKAH (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1209/Pdt.G/2023/PA.Btl).  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/73066/1/22203012030_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/73066/2/22203012030_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf