Abstract

Mut'ah marriage or temporary marriage or what is known as contract marriage is a phenomenon that often occurs in Indonesia, this problem must be anticipated because it is detrimental to women and has been forbidden by the Indonesian Ulama Council. The research method used is a normative juridical approach. Normative research or also known as literature law research is legal research carried out by examining library materials or secondary data. The results of the research found stated that Mut’ah marriage is temporary marriage, the Prophet Muhammmad S.A.W has justified the mut’ah marriage for three days and after that the Prophet forbade it forever. Here the Apostle once allowed it at a time which might have taken the form of an emergency as it was permissible to eat carcass meat, if there were no other foods under compulsion.

Highlights

  • An act of marriage or new marriage is said to be a legal act if it is carried out according to the applicable legal provisions in a positive way, the legal provisions governing the marriage procedures that are justified by law are as regulated in the Marriage Law (UU. .1 of 1974)

  • The law that applies to all Indonesian citizens regarding marriage is regulated in Law Number 1 of 1974 jo

  • The purpose of this paper is to identify and analyze the perspective of mutah marriage in the view of Islam and national law

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Summary

Introduction

Marriage, which in religious terms is called "nikah" means a contract that legalizes association and limits the rights and obligations of men and women who are not Muslim.[8] Allah has created man and woman so that they can relate to each other, love each other, produce offspring, and live side by side in peace and prosperity according to Allah's guidance and the guidance of the Prophet. COMPARISON MUT'AH MARRIAGE ACCORDING TO ISLAMIC LAW AND NATIONAL LAW Idrus Umarama, Agus Hamzah, Jamaludin Al Ashari, Arie Widyantoro, Faradina Mar’atus Shofia is based on Islamic principles, namely the factor of devotion to Allah SWT.

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