MEKANISME PENGUATKUASAAN KESALAHAN MATRIMONI PERKAHWINAN TANPA KEBENARAN BAGI ORANG ISLAM DI NEGERI JOHOR: MECHANISMS FOR THE ENFORCEMENT OF UNAUTHORIZED MATRIMONIAL MARRIAGE FOR MUSLIMS IN THE STATE OF JOHOR

The enforcement of Shariah criminal offenses and civil offenses is generally the primary duty of Islamic Enforcement Officers in each jurisdiction. Among the offenses that these officers are responsible for enforcing are matters related to the marriage of Muslims, including unauthorized marriages. However, the guidelines and mechanisms for enforcing unauthorized marriage offenses are less extensively discussed in theoretical terms, as their enforcement procedures are perceived as less complex compared to more intricate criminal cases. This study aims to examine the guidelines and mechanisms utilized by Islamic enforcement authorities in the State of Johor for the enforcement of unauthorized marriage offenses, with reference to the concept of hisbah in Islamic administration and the pertinent elements of Islamic legal provisions. The study employs a qualitative approach using library documentation methods to gather information regarding the enforcement of marriage offenses, focusing primarily on the Islamic Enforcement Division of Johor. Additionally, the research incorporates semi-structured interviews with two Shariah enforcement officers and one Shariah prosecutor to acquire data on enforcement mechanisms, which are then subjected to content analysis. The findings indicate that the enforcement of unauthorized marriage offenses aligns with the concept of hisbah within its administrative framework, and the concept of unauthorized marriage is consistent with specific elements of the Johor State Islamic Family Law Enactment. The study also identifies four principal guidelines that empower Islamic Enforcement Officers in Johor to carry out their duties. Furthermore, it highlights four key mechanisms employed in the enforcement of unauthorized marriage offenses in the state, which include the receipt of complaints, investigative processes, witness examinations, and searches. This study is deemed necessary to provide a comprehensive understanding of the enforcement of unauthorized marriage offenses, similar to the ...