Nikah Siri dalam Perspektif Maqāṣid al-Syarī’ah: Faktor Pendorong dan Implikasi Sosio-Legal di Desa Ledokombo, Kabupaten Jember

Abstract

This study examines the considerations that lead couples to enter unregistered marriages (nikah siri), the associated socio-legal implications, and the role of marriage registration from the perspective of maqāṣid al-sharīʿah in Ledokombo Village, Jember Regency. It employs a qualitative case-study design informed by a socio-legal approach. According to the manuscript, data were collected from June to July 2026 through interviews with ten informants: six individuals from three couples in unregistered marriages, two religious leaders, and two officials from the Office of Religious Affairs (KUA). Observation and document review were also reported. The analysis follows the model of Miles, Huberman, and Saldaña. The findings presented in the manuscript indicate three patterns of consideration: the economic and social costs of marriage, perceptions of court dispensation for prospective spouses below the statutory minimum age, and opportunity costs in the form of work time and income potentially lost during administrative procedures. The reported socio-legal implications include difficulties in proving marital status, complications in family administration, uncertainty in asserting certain civil rights, and the need to seek marriage validation (isbat nikah). From a maqāṣid perspective, registration can function as an instrument of family protection, particularly in relation to lineage, property, life, and dignity. These findings are context-specific and should not be interpreted as representative of all residents of Ledokombo.