Marriage with the intention to divorce in Puncak Bogor, West Java - Indonesia : a maqasid al-shari`ah based analysis

Abstract

Marriage with the intention to divorce is a new phenomenon in Puncak Bogor, West Java – Indonesia. This kind of marriage has become a trend in this area due to cheap dowry (mahr), poverty, women’s illiteracy and low cost of living. Because of these factors, this area has become a favorite spot for Muslims to enjoy sex in the name of religion. This kind of marriage is considered to be against maqasid al-shari‘ah in Islamic family, especially due to its negative effects on women, children and society. The researcher has adopted a qualitative approach, by concentrating on a case study method. This study uses in-depth interview as a tool and instrument for data collection by involving five women respondents who were victims of marriage with the intention to divorce in Puncak Bogor, West Java – Indonesia. The items for the interview have been designed with open-ended and semi-structured questions of interview protocols. It aims to encourage the respondents to talk about whatever is important to them and helps to establish rapport, gather information and increase understanding. The study has arrived at a number of important findings. Foremost amongst those findings is that there are several factors that have influenced the respondents in such marriage. Among such factors, two elements appear to be the most outstanding, namely poverty and lack of religious education. Other factors reinforcing their involvement in such marriage include the indifference attitude of the parents in advising and guiding daughters in choosing their partner, and the attraction of the man’s appearance. Another important finding is that all the above factors are not in line with the noble objectives of the shari‘ah.