The Legal Status of Pauses (Fashl) in Marriage Contracts Among Persons with Disabilities: An Islamic Law Perspective (A Case Study in Larangan Badung Village, Palengaan District, Pamekasan Regency)

Abstract

This study aims to analyse the legal status of communication pauses (fashl) during marriage contracts involving persons with disabilities from the perspective of Islamic law, with the research focus in Larangan Badung Village, Palengaan District, Pamekasan Regency. This research is motivated by the normative requirement of immediacy (faur) in Islamic jurisprudence and the occurrence of communication barriers during the ijab and qabul process, which may raise concerns regarding marriage validity. The study employed a descriptive qualitative method using an empirical-juridical and sociological approach. Primary data were collected through in-depth interviews with marriage registrars, religious leaders, families of persons with disabilities, and village officials, while secondary data were obtained from classical Shafi‘i jurisprudence literature, particularly Fathul Mu‘in, and the Compilation of Islamic Law. Data were analysed through interactive stages of data reduction, data presentation, and conclusion drawing. The findings reveal that communication pauses occur due to translation barriers involving sign language and written communication media. Islamic law considers a short pause (fashl yasir) caused by unavoidable obstacles as valid because it does not indicate withdrawal from the contract.