The Marital Status of a Woman Who Still Have a Mafqud Husband According to Malikite and Shafi’ite Schools and Its Relevance to Law 1 of 1974 on Marriage

Abstract

Every marriage is intended to last forever. However, due to certain reasons, a marriage can be ended. One possible cause is economic difficulties. The issue of the fulfillment of livelihood and subsistence often make home life become less happy. Therefore, many husbands decide to leave. Sometimes, departure of husband for a living can be up to years without word. Sometimes, assumption or estimate regarding the status of a husband occurs: whether he is alive or dead. A wife who is left by the husband for a long time without news about the whereabouts sometimes feel physically and spiritually unhappy, and so do the children and other relatives. In the teachings of Islam, a lost husband is known as mafqud (literally: missing). This study aims to determine the marital status of wife who still have mafqud (lost) husband from the perspective of Malikite and Shafi'ite schools, as well as its relevance to Act 1 of 1974 on Marriage. This study used a normative approach; the problem is resolved under the terms Nash by using inductive thinking method. It is an analysis that starts from a series of special knowledge or facts to determine the general conclusions. The data collection techniques cover library research, or literature study, in the form of books, magazines, the Qur'an, hadith, and law or legal opinion.