Published January 18, 2023 | Version v1
Journal article Open

Chinese blind Marriage (Muhallil) as an Effort to Legalize Marriage after three Divorces in Acehnese Society

  • 1. Faculty of Law, Malikussaleh University
  • 2. Faculty of economic, Malikussaleh University

Description

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.

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