Translating the untranslatable

This research highlights the view of Islamic family law on the rejection of the marriage contract of LGBT couples as a marriage, which is seen through the lens of Maslahah theory. Through a literature study using qualitative research based on the scalpel of Maslahah theory, The research underlines that marriage in Islam is not only an agreement between two individuals but also an institution governed by certain conditions and pillars, including the existence of male and female parties who are permitted according to Sharia, as well as the existence of a guardian, dowry, and fair witnesses. In the context of LGBT couples, the marriage contract does not fulfil these conditions, so it cannot be considered a marriage contract in Islamic family law. In addition, the rejection is analysed through Maslahah theory, which emphasises the importance of maintaining the integrity of the family structure, moral values and spiritual goals in society. The refusal is interpreted as an attempt to preserve the general welfare by maintaining social harmony and adherence to Islamic principles. It shows that the rejection of marriage contracts for LGBT couples is not discriminatory but rather the result of a deep understanding of the concept of marriage in Islam, with the aim of achieving broader welfare and protecting the institution of the family as the basic social and spiritual unit. This research confirms that Islamic law is a dynamic and adaptive system seeking to promote justice and welfare in accordance with religious principles and the needs of society. Thus, the rejection of marriage contracts for LGBT couples in Islamic family law can be understood as part of an effort to maintain the harmony of society without abandoning the underlying religious principles.

This study examines the sociological implications of marriage and divorce in Islamic law in modern Muslim societies. It aims to explore how Islamic legal principles related to marriage and divorce are interpreted and applied in contemporary contexts and their impact on family dynamics, gender roles, and societal norms. The research employs a qualitative approach, with the data collected through interviews, focus groups, and ethnographic observation analyzed using thematic coding and narrative analysis. This approach allowed for identifying recurring themes and patterns and exploring participants' perceptions, attitudes, and personal stories. A combination of a literature review with a comprehensive review of existing scholarly works, legal texts, and sociological studies on Islamic marriage and divorce laws was conducted. This review helped to identify key themes, gaps in research, and the evolving nature of Islamic family law across different cultural and regional contexts. Sources include classical and contemporary Islamic jurisprudence (fiqh), academic articles, books, and NGO reports on women's rights and legal reforms in Muslim-majority countries. For the literature review, the study focused on sources published between 2000 and 2020. The following criteria guided the selection of literature to ensure that the materials were relevant, credible, and up-to-date with contemporary debates and issues: Relevance to Topic, Academic and Peer-Reviewed Sources, Publication Date, Geographical Scope, Legal and Sociological Focus. Literature that addresses the intersection of Islamic law, gender dynamics, and the sociological implications of marriage and divorce. Respondents from members of Muslim communities across diverse socio-cultural settings. This analysis is applied to identify variations in the application of Islamic family law in different regions. The findings reveal that local cultural norms and legal systems often influence Islamic principles governing marriage and divorce. While Islamic law emphasizes justice, mutual respect, and the protection of family welfare, its implementation varies significantly, creating diverse sociological outcomes. For example, in some regions, divorce laws have been adapted to address gender equality concerns, while in others, traditional practices continue to dominate, often to the detriment of women's rights. The study concludes that while Islamic family law provides a robust framework for regulating marriage and divorce, its sociological implications are shaped by the interplay between religion, culture, and modern legal reforms. To address the challenges faced by Muslim families, there is a need for a balanced approach that respects religious principles while promoting social justice and gender equality. This highlights the importance of ongoing dialogue and reform to ensure that Islamic family law remains relevant and supportive in modern societal contexts

The definition of marriage according to Law Number 1 Year 1974 is a mental bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. The conduct of marriage shall be in accordance with Law Number 1 Year 1974. In Article 2 Paragraph (1) says that marriage is lawful, if done according to their respective religious law and belief. At the moment there is a small part of Indonesian society who has implemented it through marriage processes that are inconsistent with what has been regulated in the Law of National Marriage that is legal unification that must be obeyed by every individual who carries out the marriage. Different religious marriages do not have a clear legal standing in the Indonesian Positive Law. Based on the above background, there are several problems that arise such as how the legitimacy of marriage of different religions held in Indonesia according to Law No. 1 of 1974 on Marriage and Compilation of Islamic Law and how the rights impact when there is a religious marriage to the parties, And his wealth. So the purpose of this study is to determine the validity of marriage of different religions and legal effects on the parties, descent and wealth. This research is analytical descriptive in order to obtain a comprehensive and systematic description of the observed problem connected with Positive Law regulation, using normative juridical approach that focuses on secondary data and field interview to study primary data, secondary data, and tertiary data collected In the form of legal materials related to the problem to be studied which will then be analyzed by qualitative juridical. The marriage of religious difference is illegitimate according to Article 2 paragraph (1) of Marriage Law No. 1 of 1974 as well as according to Articles 40 and 44 of the Compilation of Islamic Laws and it can be said that the marriage of different religions is not regarded as a legitimate marriage, The legal consequences of any consequences arising from such marriages include the right to the parties, the descendants and wealth of their property.

Position of women as witnesses in Islamic marriage procession is still debated till now. In Indonesian Muslim community, there are two contradictive ideas appeared; first, women have not been allowed to be witnesses not only in marriage process, but also in the divorce, and hudud; second, women could be the witnesses, as long as the number of double and accompanied by a man. This research compares the position of women as a marriage witnesses in the perspective of Islamic and Constitutional Laws. A normative legal method was applied in this Comparative Research. Data found showed that there was no gap for women to be witnesses in a marriage. As stated in the 25 th article of the Compilation of Islamic Law (CIL) of Indonesia which designates as the witnesses in the marriage ceremony are males. They are Muslim who are fair, adults (Aqeel/ baligh), uninterrupted memory and not deaf or hard of hearing. Therefore, this research recommends to renew the CIL, because in 25 th article of CIL provides an opportunity for women to be marriage witnesses. It is expected to President and law makers in Indonesia should consider for Judicial Review of CIL.

In Islam the main purpose of marriage and family is to maintain the human population. Meanwhile, today's modern humans are faced with the threat of overpopulation of mankind. It is in this context that childfree is studied. This study focuses on the views of Islamic law on childfree. This focus is revealed in research questions about the concept and factors of childfree, and its status in view of the purpose of marriage in Islam (maqasid al-nikah). Qualitative methods are used in this study by utilizing library research. The approach used is the philosophy of Islamic law. Data collection is done by documentation. While the analysis is carried out in a cycle-systemic manner. This research concludes; First, Childfree is one of the choices of modern humans in running a family system. Happiness in a family through Childfree is not determined by the presence of offspring. Second, Childfree is inconsistent with the purpose of marriage (maqasid al-nikah) in Islam. This is because it has the potential to threaten the existence of the continuity of human life on earth.

Article 2 (1) states the Marriage Act, marriage is valid if it is done according to the law of each religion and belief. Furthermore, Article 2 (2) states every marriage is recorded in accordance with the legislation in force. Thus a marriage must comply with religious law and positive law. Statements about the validity of marriages taking place before Act No. 1 of 1974 concerning marriage and run other regulations. Solutions that marriage is not recorded can be reached by way of itsbat nikah propose marriage to the Religious Courts under Article 7 Compilation of Islamic Law (KHI). According to Article 7 paragraph (1) KHI marriages under Islamic law can only be proven with Marriage Certificate made by the Registrar of Marriage Officer. On the one hand Regulation Legislation Indonesia expressed registration of marriage is the only evidence of the occurrence of marriage, but on the other side of the law provide a way out for people who can not prove their marriage with the street Determination of Marriage ( Itsbat nikah ). Itsbat nikah as the authority of the PA need for legal protection should be equivalent law or legal rules included in the sort order legislation. Keywords: Implementation of Itsbat nikah, Religious Courts Authority, Marriage Not Recorded.

The marriage agreement regulated in Article 29 of the Law on Marriage number 1 of 1974 not only regulates the matter of property and the consequences of marriage but also includes the rights / obligations that must be fulfilled by both parties as long as the agreement does not conflict with the boundaries. law, religion and morality. Meanwhile, the marriage agreement in Islamic law does not explicitly provide the purpose of the marriage agreement. In Islamic law, this marriage agreement is only valid if it is made before or at the time of marriage, in accordance with the provisions of Article 47 paragraph (1) KHI. The factors that cause the marriage agreement So that the parties are protected from the possibility of arbitrary action by the spouse on the property brought into the marriage. Meanwhile, according to Islamic law the agreement may not conflict with Islamic law, so the Islamic Marriage Law applies. The position of the marriage agreement if it is linked to joint assets in marriage to the separation of joint assets after the marriage or during the marriage period has a strong position after the Court's decision. The Marriage Agreement must receive special attention because the consequences are related to the position of the husband and wife's assets which can affect civil relations with third parties. Marriage agreements that are made throughout the marriage must be reported by the employee registration of the marriage so that it binds third parties and provides legal certainty and legal protection for the parties.

The phenomenon of liberalism on Islamic marriage law in Indonesia often creates social problems. Therefore, it is important to understand understanding and wise attitudes towards the phenomenon within the framework of the scientific paradigm. This research aims to understand various forms of liberalism on Islamic marriage law in Indonesia in the perspective of the philosophy of Science. This research is a qualitative research in the form of literature review. The type of legal research in this study is philosophical normative legal research. The research data used is various research on liberalism on the law of Islamic marriage in the Compilation of Islamic Law (KHI). Meanwhile, the theory used as a knife of analysis is the theory of the scientific revolution of Thomas Samuel Kuhn. This study concludes that liberalism on Islamic marriage law in Indonesia is a form of paradigm shift over the construction of legal thinking in various KHI articles that are considered to have experienced anomalies, which are not relevant to social development and do not answer the challenges of modernity, such as issues of gender equality, democracy, human rights Humans, and pluralism. Such conditions have encouraged contemporary Islamic law reviewers in Indonesia to voice a paradigm shift and even a scientific revolution by giving birth to the construction of new Islamic marriage law.

The phenomenon of delayed marriage among urban Muslim youth has become a significant social issue, particularly within the context of Islamic family law. Although marriage in Islam holds a noble position as an act of worship and a foundation for building a stable society, the trend of increasing age at first marriage reflects a shift in values and life priorities. This study aims to analyze the phenomenon of marriage delay from the perspective of Islamic law, focusing on how flexible the Shariah is in responding to contemporary social dynamics. This research employs a qualitative method with a library research approach. Data is collected through the examination of classical Islamic jurisprudence literature, contemporary scholars’ views, and statistical data from the Central Bureau of Statistics (BPS). The analysis uses the maqashid al-shariah framework to assess the social, legal, and moral impacts of this phenomenon. The results indicate that Islamic law is flexible in regulating marriage according to individual conditions. Delaying marriage is not necessarily considered a violation of Shariah, as long as it is based on legitimate considerations and does not lead to immoral behavior. In the context of maqashid al-shariah, this delay can even be classified as tahsiniyyat—complementary measures that bring greater benefit. Therefore, Islamic family law must adopt a contextual and adaptive approach to changing social realities while maintaining the core values of Shariah in shaping a moral and prosperous society.

This article discusses the giving of panaik money to the Bugis marriage customs outside of the dowry obligation. This culture has long been carried out at traditional Bugis weddings. The custom of giving panaik money has become a topic of discussion among academics because it is not included in the pillars and conditions of marriage in Islam or positive law. This is a custom that is sometimes considered burdensome to the prospective groom to cause the marriage to be annulled. This research is library research with a normative approach. It uses a qualitative method, namely, observing and reviewing the obligation to give money for traditional Bugis marriages outside of the dowry. The results of the panaik money research in the study of Islamic law do not conflict with the terms and pillars of marriage. As for the positive legal view, in this case, Law Number 1 of 1974 concerning Marriage concludes that panaik money does not conflict with formal or material requirements, namely in articles 6 to 10, which explain the existence of cultural fusion between customary law and Islamic law in Indonesia which has been recognized. As part of the source of material law in Indonesia. As for the cultural pattern of Bugis ethnic marriage, panaik money is a form of respect and appreciation from the male family to the female family.Panaik Money, Islamic Law, Positive Law, Cultural Customs

" Isbat nikah " is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

This paper investigates the implementation of Islamic marriage rules within the context of Albania's legal framework, focusing on the intersection between Islamic marriage practices and national family laws. It examines the issue of gender equality in marriage and divorce under Islamic law, with a particular emphasis on protecting women's rights and interests. The analysis begins by considering Islamic Law through a human rights lens, followed by a descriptive examination of Albania's Family Law as a secular state with a Muslim majority. The paper explores how Albanian Muslim couples, who enter into Islamic marriage contracts, navigate the national legal system during civil marriage registration and divorce proceedings. It aims to identify the legal challenges that may arise in such situations, considering Albanian legal regulations related to marriage and divorce. The study also delves into how family law addresses Shari'ah principles concerning marriage and divorce procedures, as well as the dynamics of gender relations in initiating divorce. Moreover, it investigates the enforcement of mahr (the husband's gift to his wife) provisions stipulated in Islamic marriage contracts and discusses how Albanian judges should respond to such requests. Ultimately, the paper explores the compatibility of enforcing Islamic marriage contracts with the law, while ensuring that their provisions do not infringe upon constitutional and human rights.

Marriage in Islam is regarded as an act of worship that completes half of one's faith and serves as a means of preserving honor. In the context of marrying young, Islam encourages its followers not to delay marriage as long as there is readiness. However, in the modern era, marrying young faces complex challenges, especially when confronted with social realities, mental readiness, economic stability, education, spirituality, and health. The purpose of this research is to examine young marriage in Islam by highlighting its opportunities and obstacles amidst current social, economic, and cultural changes. To explore this, the author employs Karl Marx's conflict theory to analyze the opportunities and barriers arising from social dynamics. The method used is qualitative with an approach based on Islamic law and sociology. Data collection techniques include interviews and documentation. The research findings indicate that young marriage in Islam has the potential to serve as an alternative for creating a more Islamic societal structure, provided it is supported by policies that reduce social inequalities and strengthen education based on religious values. Karl Marx's conflict theory offers a critical perspective on the structural barriers that need to be addressed to achieve harmony between Islamic teachings and modern needs.

This study examines the concept of interfaith marriage from the perspective of Islamic family law philosophy with the approach of ‘illat and Maqashid al-Syariah. This study is a normative-explanatory study, namely studying, explaining, and explaining descriptively qualitatively with a philosophical and conceptual approach. Data were obtained through literature studies. The analysis was carried out by studying the ‘illat or causes behind the law of interfaith marriage, as well as considering the main objectives of Islamic law or Maqashid al-Syariah. The research findings show that interfaith marriage in Islam can be viewed from the perspective of ‘illat (causal factor) and Maqashid al-Syariah (objectives of Islamic law). Based on ‘illat, interfaith marriage in Islam is considered an act that has the potential to cause mafsadat and disrupt the stability and integrity of the family and society. Meanwhile, according to Maqashid al-Syariah, interfaith marriage has two different perspectives: the first concerns the existence of interfaith marriage itself and the second concerns social mafsadat and its benefits for society. In conclusion, interfaith marriage can be considered from the perspective of Islamic family law philosophy with the approach of ‘illat and Maqashid al-Syariah. However, serious policies are still needed regarding the controversies and obstacles related to the practice of interfaith marriage in society.

Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.