TREN NIKAH MISYAR PERSPEKTIF HUKUM ISLAM

Abstract

Marriage is a service of worship to Allah with the aim of forming a family that is sakinah mawaddah wa rahmah. However, recently there has been a trend of misyar marriages, where misyar marriages follow the pillars and conditions of marriage but the implementation and practice are kept secret. This study aims to determine the trend of misyar marriage among independent women in big cities in Indonesia. This research uses a normative approach which refers to the literature data related to Misyar marriage. The results of the study, there are two opinions of scholars regarding misyar marriage. Some scholars allow it, including Yusuf Qordlowi because in the implementation of marriage, it does not leave the terms and pillars of marriage. Meanwhile, another group of scholars condemned community marriages as invalid because they were not in accordance with the purpose of marriage. In the practice of this misyar marriage, a man and a woman can channel their inner desires through the right path according to syar'i, while it is feared that the mafsadatan will not be able to achieve the goals of marriage according to syar'i demands, due to the loss of the husband's responsibilities in terms of maintenance and other obligations.