Nikah Siri dan Paradoks Fatwa MUI

Abstract

The Indonesian Ulema Council (MUI) through its fatwa stipulates the legal position of serial marriage as legal according to sharia but haram to be carried out in Indonesia. This fatwa reflects a complex legal paradox in Indonesia's system of legal pluralism, where religious validity and state legality do not always go hand in hand. This research aims to critically analyze the dichotomy of legal-haram in the MUI fatwa, explore its implications for the practice of Islamic family law in Indonesia, and examine the dynamics of the relationship between religious authorities and the state in regulating the institution of marriage. This study uses a qualitative approach with a content analysis method on the text of the MUI fatwa, laws and regulations related to marriage, and classical and contemporary fiqh literature. Primary data includes the MUI Fatwa on serial marriage, Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law (KHI), and religious court rulings related to serial marriage cases. The analysis was carried out within the framework of legal pluralism theory and sharia maqasid to understand the contestation between religious norms and positive law. The results of the study show that the paradox of legality in the MUI fatwa is a manifestation of the dimension of legal tension. First, the theological-normative dimension: nikah siri fulfills the pillars and conditions of marriage according to classical fiqh so that it is declared valid according to shari'i, but its prohibition is based on the principle of sad al-dzari'ah (closing the path of damage) and maslahat mursalah considering the potential harm caused. Second, the legal-formal dimension: haram status arises in response to the obligation to register marriages in the Marriage Law which is seen as ulil amri that must be obeyed, even though fiqh registration is administrative and not substantive. And third, the socio-juridical dimension: this fatwa seeks to bridge the religious practices of the community with the demands of state legal certainty, but instead creates ambiguity in the legal status that has an impact on the vulnerability of the rights of women and children. The MUI fatwa on serial marriage, instead of resolving legal problems, actually shows the limitations of fatwa authority in the national legal system that has codified Islamic family law. This study concludes that the paradox of the nikah siri fatwa reflects the epistemological dilemma between maintaining classical fiqh orthodoxy and the need to adapt to modern legal reality. This study recommends the need for a more integrative reformulation of the fatwa approach by considering maqasid al-sharia holistically, especially the principles of hifz al-nasl (protection of offspring) and hifz al-'irdl (protection of honor) which are threatened by the legal status of the ambiguity of serial marriage. Constructive dialogue between religious authorities and the state is also needed to harmonize religious validity with legal certainty that protects the rights of all parties in the institution of marriage.