Nikah Cindua Basewa in Islamic Law

Abstract

This research is motivated by the practice of Nikah Cindua Basewa which is carried out by hiring a man as (muhallil), with the condition that he is not allowed to have husband and wife relations within the agreed time. So the muhallil must divorce his wife so that her previous husband can remarry her. This marriage did not recognize the existence of marriage registration and was only carried out to divorce him. Cindua Basewa's marriage lasted only a few days. The purpose of this study is to discuss the existence of the practice of Cindua basewa marriage in the legal tradition of the Nagari Salareh Aia community, Palembayan District. To answer this question, the authors use field or empirical research methods using a socio-legal research approach. The findings in this study are: First, the existence of cindua basewa marriage in Nagari Salareh Aia is the same as an ordinary marriage, but has a marriage that does not last long, only around a few days and some only one night. This marriage was carried out by several people who wanted to reconcile with after being divorced three times, those involved were the couple who were getting married and their ex-husband. Second, the factors causing the cindua basewa marriage are 1) The desire to justify returning the wife who has been divorced three times by her husband to reconcile with her husband. 2) Customary law allows this marriage as a solution for couples who want to reconcile because their husband has divorced three of his wives. 3) Helping married couples who have been divorced up to three times to reconcile and some also help because of compensation. Third, the community's response to the cindua basewa marriage, both religious leaders and traditional leaders, namely allowing this marriage as one of the solutions that can make the husband and wife reconcile after the wife has been divorced three times by the husband.