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The Validity Of Reconciliation Without Witnesses At The Religious Affairs Office Khairani Mukdin; Rahmil Izzati; Syuhada Syuhada
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i1.2725

Some factors in establishing a family can result in divorce. Islam permits a husband and wife to reconcile during the iddah period (a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry). In accordance with this requirement, a husband who wishes to reconcile with his ex-wife must go through the Religious Affairs Office (KUA) and adhere to the established protocols. However, the practice is different, as happened in the KUA of Syiah Kuala Subdistrict, Banda Aceh, which carried out the reconciliation process without witnessing. Contrarily, it is explicitly stated in The Compilation of Islamic Law (KHI) articles 163–169 that witnesses are necessary in cases involving reconciliation. According to the KUA, the process for reconciliation is that the husband who wants to get his wife back comes to the marriage registrar who oversees the neighborhood where the husband and wife reside by bringing a stipulation about the possibility of divorce and the required certificate, which is followed by reconciliation in front of the registrar and witnesses. It is not necessary for witnesses to be present. The most important aspect is that the community be aware of their reconciliation, whether or not they are present. Upon that, a reconciliation certificate is created and delivered to the religious court where the divorce occurred. They view reconciliation as a continuation of the marriage, not a new marriage contract, which explains why there are no witnesses in the process of reconciliation cases. Therefore, in the process of reconciliation, witnesses are not as crucial. KHI, however, demands a witness to the reconciliation for the purpose of benefit. The reconciliation is deemed unlawful without a witness because permanent law cannot be established. Even without witnesses, the KUA can issue a certificate of reconciliation, which is accepted by the court to consider the reconciliation valid.

The Validity Of Reconciliation Without Witnesses At The Religious Affairs Office Khairani Mukdin; Rahmil Izzati; Syuhada Syuhada
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v3i1.2725

Some factors in establishing a family can result in divorce. Islam permits a husband and wife to reconcile during the iddah period (a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry). In accordance with this requirement, a husband who wishes to reconcile with his ex-wife must go through the Religious Affairs Office (KUA) and adhere to the established protocols. However, the practice is different, as happened in the KUA of Syiah Kuala Subdistrict, Banda Aceh, which carried out the reconciliation process without witnessing. Contrarily, it is explicitly stated in The Compilation of Islamic Law (KHI) articles 163–169 that witnesses are necessary in cases involving reconciliation. According to the KUA, the process for reconciliation is that the husband who wants to get his wife back comes to the marriage registrar who oversees the neighborhood where the husband and wife reside by bringing a stipulation about the possibility of divorce and the required certificate, which is followed by reconciliation in front of the registrar and witnesses. It is not necessary for witnesses to be present. The most important aspect is that the community be aware of their reconciliation, whether or not they are present. Upon that, a reconciliation certificate is created and delivered to the religious court where the divorce occurred. They view reconciliation as a continuation of the marriage, not a new marriage contract, which explains why there are no witnesses in the process of reconciliation cases. Therefore, in the process of reconciliation, witnesses are not as crucial. KHI, however, demands a witness to the reconciliation for the purpose of benefit. The reconciliation is deemed unlawful without a witness because permanent law cannot be established. Even without witnesses, the KUA can issue a certificate of reconciliation, which is accepted by the court to consider the reconciliation valid.

PERKAWINAN ANAK DAN PENGARUHNYA TERHADAP KETAHANAN KELUARGA (STUDI PADA MASYARAKAT KABUPATEN GAYO LUES) Ridho Ridho; Khairani Mukdin
AHKAMUL USRAH: Jurnal S2 Hukum Keluarga dan Peradilan Islam Vol. 2 No. 2 (2022): MARET 2022 - AGUSTUS 2022
Publisher : Prodi Magister Hukum Keluarga Pascasarjana UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ahkamulusrah.v2i2.3240

Sesuai konteks Undang-Undang Perkawinan, perkawinan anak adalah mereka yang melakukan perkawinan sebelum mencapai usia 19 Tahun. Calon suami atau istri yang belum mencapai umur 19 tahun dianggap belum matang secara fisik maupun fsikis sehingga rentan terhadap segala resiko. Di dalam penelitian ini mengkaji lebih dalam pengaruh perkawinan anak terhadap ketahanan keluarga yang akan mereka bina. Penelitian dilakukan dengan metode kualitatif melalui pendekatan deskriptif. Dari hasil penelitian ditemukan bahwa perkawian anak rentan terhadap ketahanan keluarga, salah satunya adalah rentan terhadap perceraian karena belum memiliki kestabilan emosional, rentan terhadap kematian ibu dan anak karena secara fisik belum siap untuk bereproduksi. Perkawinan anak di Gayo Lues dipengaruhi oleh faktor ekonomi, pendidikan, lingkungan, keluarga, dan faktor diri pribadi.

Mechanism for Settlement of Wali Adhal Cases in the Determination of Guardian Judges in Banda Aceh Cut Amirah Fatinah; Khairani Mukdin; Nik Saleh, Nik Salida Suhaila; Ğafurof, Rishat Ameer; Saiban, Kasuwi
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.361

This study aims to examine the factors that lead to the appointment of a marriage guardian judge (wali hakim) due to the refusal of a legitimate guardian (wali adhal), as well as the mechanism of its implementation at the Office of Religious Affairs (KUA) in Lueng Bata District, Banda Aceh. The research employs a qualitative approach with a sociological-empirical method, using in-depth interviews, observation, and documentation with the Head of KUA and KUA staff as the primary sources, supported by secondary data from literature and legal documents. The findings reveal that the appointment of a wali hakim generally arises from non-shar’i reasons, including personal conflicts between guardians and prospective brides, excessive social considerations related to the groom’s status, economic concerns, and long-standing family disputes. These factors restrict women’s rights to marry in accordance with Islamic law. The resolution mechanism consists of several stages, starting from reconciliation efforts, mediation by KUA and community leaders, and, if necessary, filing a petition to the Religious Court. Once the court transfers guardianship rights, the marriage can be solemnized with a wali hakim appointed by the judge. This study highlights the crucial role of KUA and the Religious Court in safeguarding women’s rights and ensuring the validity of marriage under both Islamic and state law in Indonesia.

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