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NIKAH SIRI DALAM PERSPEKTIF TOKOH ‘AISYIYAH DAN MUSLIMAT DI YOGYAKARTA
Marriage is a sacred bond aimed at creating a sakinah (peaceful) family. However, the phenomenon of nikah siri (unregistered marriage) creates legal uncertainty and socio-economic risks for wives and children, and remains prevalent in society, including in Yogyakarta. This practice is often chosen due to economic and administrative reasons, as well as a narrow understanding of religion that disregards the legal consequences of state law. The central problem of this research focuses on the argumentative discourse of the figures from the ‘Aisyiyah and Muslimat Islamic women's organizations in Yogyakarta regarding the validity and impact of unregistered Marriage, and how the analysis of Muhammad Abu Zahrah’s Maslahah Mursalah theory evaluates the understanding and opinions of these figures in responding to the phenomenon of unregistered Marriage. This research employs a field research method with a descriptive-analytical nature and a sociology of law approach. Data were collected through in-depth interviews with figures from ‘Aisyiyah and Muslimat in Yogyakarta, as well as documentation and relevant fatwas or rulings. The theoretical framework proposed in this thesis is Muhammad Abu Zahrah’s theory of maslahah mursalah, which is used to weigh the benefits (maslahah) and harms (mafsadah) of the practice of nikah siri, alongside the application of the sadd adz-dzari'ah (blocking the means to harm) principle. The research results indicate that the discourse on nikah siri among the figures of ‘Aisyiyah and Muslimat Yogyakarta does not stop at the status of validity according to fiqh (Islamic jurisprudence), but evolves toward considerations of social welfare impacts. Both acknowledge that normatively, a marriage that meets the pillars and conditions is valid; however, they emphasize that marriage registration is an urgent necessity to protect the rights of women and children and to prevent social mafsadah. The analysis of the figures' thoughts concludes that the rejection of unregistered Marriage is an ijtihad (legal reasoning) aligned with Muhammad Abu Zahrah’s Maslahah Mursalah theory, as it is based on essential benefit (maslahat hakiki) to protect the civil rights of women and children, and public benefit (maslahat 'ammah) for the sake of public legal order. Thus, the obligation of marriage registration as regulated by state law is viewed as a legal instrument that must be obeyed, functioning as a contextual ijtihad to present public welfare while eliminating difficulties (raf’ul haraj) in legal proof in the future.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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