PERNIKAHAN PENGUNGSI SYIAH: RESILIENSI DAN AKOMODASI HAK ADMINISTRASI KELUARGA DI INDONESIA

Maulidia Mulyani, NIM.: 19303012002 (2023) PERNIKAHAN PENGUNGSI SYIAH: RESILIENSI DAN AKOMODASI HAK ADMINISTRASI KELUARGA DI INDONESIA. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Normatively, through Law no. 1/1974 and Compilation of Islamic Law No. 1/1991 the state has provided provisions for Islamic family law for Muslims. There is no single Muslim group that is exempt from this provision in obtaining legal services. However, in practice, the availability of a single legal guideline does not rule out the possibility of service exceptions related to marriage practices within the Indonesian Muslim community. This possibility arose partly because of religious ideology, mainly related to the emergence of the Shia group and the practice of their religious teachings. This research focuses on the Shia refugee group in Sampang, which was moved to the Puspa Agro flat, Sidoarjo since June 2013. This research presents 3 questions, related to the efforts of this Shia refugee group to obtain marriage administration services, related to facts and different factors of marriage administration services that are accepted by the Shia group, and related to the resilience efforts made by the refugees to respond to the attitude of the Muslim community in general towards the phenomenon of the spread of Shia teachings. This research is a study with a socio-legal approach, which is based on primary data obtained from interviews and documents collected by researchers over several periods. The researcher conducted interviews with 7 refugee respondents and 5 non-refugee Shia respondents. This interview was conducted face-to-face and through social media. Interviews were conducted in August 2019, then August 2020, and finally in January-March 2022. This study concludes the following findings: first, the Shia sect is considered deviant because there is no openness for Muslims in Sampang to accept other teachings, causing Shia followers to be expelled and their safety threatened. This situation forces Shia followers to adapt to a threatened situation in new ways. This effort is related to three aspects, namely the aspect of marriage registration, the aspect of marriage confirmation, and the aspect of marriage dispensation. Second, Shia refugees whose safety conditions are threatened are required to make adaptive resilience efforts. Resilience efforts are accommodated by the government using different services, this is influenced by several factors, namely the rejection of Shia teachings, the government's concern about the emergence of sharper conflicts, and the sake of creating security between the two parties. Third, the Fatwa of Shia deviance by the Eas Java Indonesian Ulema Council has caused Muslims in Indonesia to still think that the Shia sect is indeed heretical. This causes adherents of the Shia sect to live under the threat of conflict. Shia refugees in Puspo Agro who are victims of the conflict then make resilience efforts related to the understanding of Shia teachings in society, including the following. First, regulate communication methods that do not focus on differences, but rather on an optimistic future. Second, they also receive assistance and try to get a marriage certificate even by way of sending files. Third, there is an attempt to declare the transfer of the Shia-Suni school of thought.

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