Understanding the Importance of Marriage Law in Islam

Oct 13, 2025 by recoveryshake.com 99 views

Settlement of Syiqaq Disputes Between Husband and Wife in Marriage in Terms of Islamic Law: A Study in Meunasah Papeun Village, Krueng Barona Jaya District, Aceh Besar Regency, Aceh Province

Introduction

Understanding the Importance of Marriage Law in Islam

Marriage law plays a vital role in people's lives, as it regulates the procedures and relationships in family life. In Islam, the law of marriage is not just a social rule, but is also part of religious teachings that must be obeyed in accordance with the provisions in the Qur'an and the Sunnah of the Apostle. The law of marriage is a sacred institution that is designed to promote harmony, love, and understanding between husband and wife. However, despite its importance, marriage disputes are common, and one issue that often arises in marriage is Syiqaq, which is a dispute between husband and wife that can be caused by Nusyuz, both from the husband and wife.

The Significance of Syiqaq Dispute Resolution in Islamic Law

In this context, this research will analyze the factors that cause syiqaq, the position of marriage during the syiqaq, and how to solve it according to Islamic law, especially in Meunasah Papeun Village, Krueng Barona Jaya District, Aceh Besar Regency, Aceh Province. This study uses a normative and sociological juridical approach, with primary data obtained through interviews in the field, as well as secondary data consisting of primary, secondary and tertiary legal sources. The analysis was carried out qualitatively and drawing conclusions using the deductive method.

Causes of Syiqaq Disputes in Marriage

The Role of Nusyuz in Causing Syiqaq Disputes

The results showed that the main cause of syiqaq between husband and wife in the village of Meunasah Papeun was the existence of Nusyuz that could be in the form of words, such as the accusation of the wife to commit inappropriate actions, and concrete actions such as infidelity. Nusyuz is a form of disobedience or rebellion against one's spouse, and it can lead to a breakdown in communication and a lack of trust between the couple. In the context of Islamic law, Nusyuz is considered a serious offense that can lead to divorce.

The Position of Marriage During Syiqaq

The Validity of Marriage During Syiqaq

In the condition of syiqaq, the position of marriage remains valid for the husband as long as it meets the requirements and pillars of marriage. However, for his wife, he is prohibited from remarried while still bound in a legal marriage ties, so that new marriages will be invalid. This is because the wife is still considered to be married to her husband, and any new marriage would be considered a form of adultery.

Resolving Syiqaq Disputes in Islamic Law

The Role of Hakam in Resolving Syiqaq Disputes

In resolving syiqaq disputes, Islamic law encourages peaceful efforts through the administration of a just and wise hakam from both parties. The aim is to reconcile husband and wife who are at odds, in accordance with what is contained in the Qur'an, Surah An-Nisa 'verse 35, which emphasizes the importance of reconciliation in the family. The hakam is a neutral and wise third party who can help the couple to resolve their disputes and find a peaceful solution.

Conclusion

The Importance of Understanding and Applying Islamic Law in Marriage

Marriage is a very important institution in society, not only as an emotional bond but also as a social foundation that can affect community stability. In the context of Islamic law, dispute resolution through rights reflects the values of justice and equality, where both parties are expected to be able to solve the problem well. The importance of the role of Hakam also shows that sometimes the assistance of a neutral and wise third party is very necessary in household conflict. This is in line with Islamic principles that encourage peaceful settlement in every dispute.

Recommendations for Minimizing Syiqaq Disputes

As a recommendation, it is important for the people in the village of Meunasah Papeun to better understand and apply the principles of Islamic law related to marriage. Thus, they can minimize the occurrence of syiqaq and establish harmonious relationships in the household. In addition, legal and social education programs about marriage based on Islamic teachings can be a positive step in encouraging better awareness and understanding in dealing with household problems.

Final Thoughts

The Importance of Harmonious Families in Islamic Law

With this awareness, it is hoped that every individual involved in marriage institutions can undergo their role better and respect each other, so that harmonious families can be realized, in accordance with the purpose of marriage in Islamic law. Harmonious families are essential for the well-being of children and for the stability of society as a whole. By understanding and applying Islamic law in marriage, individuals can create a more peaceful and loving environment for themselves and their families.
Frequently Asked Questions (FAQs) About Syiqaq Disputes in Marriage

Q: What is Syiqaq?

A: Syiqaq is a dispute between husband and wife that can be caused by Nusyuz, both from the husband and wife. It is a serious issue in Islamic law that can lead to a breakdown in communication and a lack of trust between the couple.

Q: What is Nusyuz?

A: Nusyuz is a form of disobedience or rebellion against one's spouse. It can be in the form of words, such as the accusation of the wife to commit inappropriate actions, and concrete actions such as infidelity.

Q: What is the position of marriage during Syiqaq?

A: In the condition of syiqaq, the position of marriage remains valid for the husband as long as it meets the requirements and pillars of marriage. However, for his wife, he is prohibited from remarried while still bound in a legal marriage ties, so that new marriages will be invalid.

Q: How can Syiqaq disputes be resolved?

A: In resolving syiqaq disputes, Islamic law encourages peaceful efforts through the administration of a just and wise hakam from both parties. The aim is to reconcile husband and wife who are at odds, in accordance with what is contained in the Qur'an, Surah An-Nisa 'verse 35, which emphasizes the importance of reconciliation in the family.

Q: What is the role of Hakam in resolving Syiqaq disputes?

A: The hakam is a neutral and wise third party who can help the couple to resolve their disputes and find a peaceful solution. The hakam is expected to be just and wise, and to administer the dispute in a fair and impartial manner.

Q: Why is it important to understand and apply Islamic law in marriage?

A: Marriage is a very important institution in society, not only as an emotional bond but also as a social foundation that can affect community stability. In the context of Islamic law, dispute resolution through rights reflects the values of justice and equality, where both parties are expected to be able to solve the problem well.

Q: What are the consequences of not resolving Syiqaq disputes?

A: Failure in solving problems internally can lead to a more severe division, it can even lead to divorce, which certainly has negative implications for both the couples themselves and for their children.

Q: How can individuals minimize the occurrence of Syiqaq disputes?

A: Individuals can minimize the occurrence of Syiqaq disputes by better understanding and applying the principles of Islamic law related to marriage. This can be achieved through legal and social education programs about marriage based on Islamic teachings.

Q: What is the ultimate goal of resolving Syiqaq disputes?

A: The ultimate goal of resolving Syiqaq disputes is to create a more peaceful and loving environment for the couple and their family. By resolving disputes in a peaceful and loving manner, individuals can create a more harmonious and stable family environment.

Q: How can individuals create a more harmonious and stable family environment?

A: Individuals can create a more harmonious and stable family environment by respecting each other, communicating effectively, and resolving disputes in a peaceful and loving manner. By doing so, individuals can create a more loving and supportive environment for themselves and their family.