¹Jumadiah, ²Muammar, ³Sutriani

^1,2Faculty of Law, Malikussaleh University

³Faculty of economic, Malikussaleh University

Blind Chinese marriage is never regulated in the National Marriage Act, however, marriage between a man (muhallil) and a woman who has been rejected by her husband for the purpose of justifying the woman’s able to remarry by her former husband (muhallalah), this often happens to communities in Aceh. This kind of marriage practice is a grave sin. It is classified as a heinous act, which is not allowed, whether the two men concerned determine the conditions when the marriage contract or they both agree before the marriage contract occurs to return immediately, or one of the two intends in his heart to divorce him again. The deed is haram for those who do (Muhallil and Muhalla lah), and even Allah will circumcise it, as the Hadith of Ahmad's History which means "Allah circumcises Muhallil (who married in blind China) and his muhallal (the former husband who told people to be muhallil".( HR. Ahmad). This kind of marriage has never been banned by the authorities, even though this marriage is legalized, especially by the kadhi/ guru ngaji who are in the gampong of the muhallil marriage partner. The purpose of this paper is to find out and explain the Chinese blind marriage as an attempt to justify marriage after talak three in some communities in Aceh and What factors cause the occurrence of Chinese blind marriage.

Blind Chinese Mating; attempts to justify marriage

1) A.Rahman I Doi, 1996, Characteristics of Islamic Law and Marriage, Raja Grafindo Persada, Jakarta.

2) Abd. Rahman Ghazali, 2003, Fiqh Munakahat, Gren Media, Jakarta.

3) Amir Syarifuddin, 2006, Islamic Marriage Law in Indonesia between Fiqh Munakahat and Marriage Law, Renada Media, Jakarta

4) Dadi Nurhaedi, 2003, Nikah Under Hand, Sanjana, Yogyakarta.

5) Ibn Katsir, 1999, Tafsir al-Quranul A'dzim, Juz I, Bairut, Daar al-Fikri.

6) Mustafa Bin Daud, 1995, Islamic Marriage, Taman Shamelin Perkasa, Kuala Lumpur.

7) Musdah Mulia, 1999, Islamic Views on Polygamy, Institute for Religious and Gender Studies and The Asia Foundation, Jakarta.

8) Moh. Wahyul Huda, 2017, Thesis, Fakultas Syari'ah and Hukum Universitas Islam Negeri W alisongo, Semarang.

9) Peter Mahmud Marzuki, 2005, Legal Research, Kencana, Jakarta.

10) Sulaiman Rasyid, 1998, Fiqh Islam (complete fiqh law), PT. Sinar Baru Algesindo, Bandung.

11) Syeh Hasan Ayyab, 2006, Family Jurisprudence, Pustaka Al-Kautsar, Jakarta.

12) Sayyid Sabiq, 2007, Fiqih Sunnah, PT. Pena Pundi Aksara, Jakarta.

13) Teuku Edi Faisal Rusydi, 2007, Ratification of Contract Marriage (Sunni and Shi'a Imamiyah Views), PT. Pilar Media, Yogyakarta.

14) Law Number 1 of 1974 concerning Marriage (Statute Book of the Republic of Indonesia of 1974 Number 1, Supplement to the State Gazette of the Republic of Indonesia Number 3019).

15) Presidential Instruction of the Republic of Indonesia Number 1 of 1991 concerning the Compilation of Islamic Law.

16) Lutfia, Komnas Discovers the Practice of Blind Chinese Marriage in Aceh, http://www.hukumonline.com/berita/baca/hol14764/komnas-temukan-praktek Chinese-butai-in-aceh mating.

17) Zulfahmi, Blind Chinese Marriage , http://www.fahmina.or.id/index.php.

18) Abdul Halim, Origin of the Chinese term Blind, http://www.butang-emas.net/2008/09/49-lu-lu-cina-buta.html, http://liza-fathia.com/2009/2010/01/syariat-Islam-atau polemic.

VOLUME 06 ISSUE 01 JANUARY 2023

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.