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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

Jeremy Bentham's Theory of Utility, and Al-Shatibi's Maqashid al-Shariah. The study is motivated by the tension between the sanctity of marriage in Islamic law and the criminalization of nikah siri (unregistered marriage). In practice, nikah siri is often misused to circumvent legal requirements, particularly in cases of polygamy conducted without prior court authorization, thereby potentially undermining the legal protection afforded to women and children.
This research employs a normative juridical method using both statutory and conceptual approaches. The data were collected through library research involving primary, secondary, and tertiary legal materials and were analyzed qualitatively to generate systematic legal conclusions regarding the regulation of Article 402 of the Indonesian Criminal Code.
The findings indicate that Article 402 of the Indonesian Criminal Code functions as an instrument of legal certainty by preventing the misuse of nikah siri as a means of circumventing the law. From the perspective of Jeremy Bentham's Theory of Utility, the criminalization provides practical legal benefits through the protection of women's and children's rights. Furthermore, according to Al-Shatibi's Maqashid al-Shariah, the provision is consistent with the objectives of Islamic law in safeguarding life (hifz al-nafs), intellect (hifz al-'aql), and lineage (hifz al-nasl), thereby preserving the sanctity of marriage and promoting public welfare (maslahah)

77/PMH/2026

77/PMH/2026

Perpustakaan FSH Lantai 4

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