Interdisciplinary Journal of Social Science and Education (IJSSE)
Vol. 2 No. 1 (2024)

Istishab Analysis of the Decision on Istbat Nikah as an Integrated Service of Mobile Session in Wanemana Religious Courts

Ismatul Maula (Sekolah Tinggi Agama Islam Al-Hikmah 2 Benda Sirampog Brebes)
Siswanto (Universitas Islam Indonesia)
Ahmad Rezy Meidina (Sekolah Tinggi Agama Islam Al-Hikmah 2 Benda Sirampog Brebes)
Musyafangah (Indonesian Academy of Social and Religious Research, Yogyakarta)
Ubaidillah (UIN Prof. K. H. Saifuddin Zuhri Purwokerto)



Article Info

Publish Date
05 Apr 2024

Abstract

Marriage in Indonesia is legalized by religion and the state. The state requires marriage registration or itsbat nikah for couples who have not registered with the relevant agencies authorized by the state. There are several considerations used by the judge in determining the decision, one of which uses the argument of istishab, so the formulation that interests the researcher is how the decision of the Wamena Religious Court Judge in itsbat nikah as an Integrated Service for the Mobile Session and how the istishab analysis in the decision of itsbat nikah as an integrated service for the Wamena Religious Court. The result of the research obtained is that the Itsbat Nikah at the Wamena Religious Court determines the granting of the application for istbat nikah in decision Number 5/Pdt.P/2021/PA.W with several considerations, including the Panel needs to put forward the Ulama doctrine as stated in the Book of Ushulul Fiqhi Abdul Wahab Khalaf that who knows that a woman is the wife of a man, it is punished that the husband and wife relationship remains as long as there is no evidence of the breakup of the marriage.

Copyrights © 2024






Journal Info

Abbrev

jsse

Publisher

Subject

Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Interdisciplinary Journal of Social Science and Education (IJSSE) [E-ISSN 3032-7563 ] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field social science and education. All submissions undergo peer review, and the article in English or ...