| dc.description.abstract | ABTRACT
Imtiqa, 2020. "Marriage by Marriage Proxy in Bengalon District, East Kutai Regency in the Perspective of Islamic Law and Positive Law". Thesis. Family Law Study Program, Postgraduate Program, The State Islamic Institute (IAIN) Samarinda. The research was guided by Alfitri, M. Ag., LL M., Ph. D as the 1st advisor and Dr. H. Akhmad Haries, M. SI as the 2nd advisor.
The background of this research is the phenomenon of the practice of marriage with guardians of muhakkam which often occurs in Bengalon District. The guardian of muhakkam is someone who is appointed by the prospective husband and wife to act as a guardian in their marriage contract. The use of guardian who pretend to be ex judge guardians based on the appointment of aprospective husband and wife to someone or a religious figure considered of capable and has an understanding of religious knowledge (Islamic laws) to carry out their marriage in Indonesian. The validity of this marriage raises problems in terms of Islamic law and Positive law.
The research problems in this study include: 1) What are the factors that cause marriages with guardian muhakkam in Bengalon District? 2) What are the reasons for the perpetrators as guardians of muhakkam to carry out the practice of marriage for the community in Bengalon District? and 3) What is the practice of guardian muhakkam marriage in the perspective of Islamic law and Positive law? The research was a descriptive analysis research. The research process through empirical juridical research with a qualitative research approach. Data collection techniques conducted interviews and documentation. Interviews were conducted with husband and wife and the muhakkam proxy, until concrete facts were obtained, then analyzed with theoretical studies through inductive data analysis methods, in order to obtain research results and conclusion making.
The results of the study: 1) Factors causing the practice of marriage with guardian muhakkam: a. Low Level of Education and Knowledge, b. Bureaucratic Constraints, and c Constraints of distance and access roads. 2) The reasons for the perpetrators as guardians of muhakkam implement it: a. Emergency conditions, b. Some are responsible, c. Concerned and want to help / help, and worry about committing adultery, d. So as not to become slander, and avoid disobedience. 3). According to the perspective of Islamic law: a. Appointing a guardian muhakkam is a matter of dispute, also too much trouble (tasahul), b. The practice of marriage with guardians of muhakkam in Bengalon District must not be carried out and prohibited because it is not in accordance with the provisions of Islamic law, c. The practice of marriage with guardians of muhakkam in Bengalon District according to the law is invalid because it does not fulfill the conditions on the guardian. According to Positive legal perspective: a. Marriage to a trustee is not relevant to the principles and principles of marriage. b. In the present context of this marriage the application is not appropriate. c. Marriage of guardian muhakkam does not follow official procedures and is not recorded, and d. This marriage cannot be accounted for because it does not have legal force. | en_US |
