Tahlil Marriage Among the Sasak Tribe of Lombok Based on Maqâshid al-Sharî’a Perspective and Its Relevance to Compilation of Islamic Law

: Tahlil Marriage Among the Sasak Tribe of Lombok Based on Maqâshid al-Sharî’a Perspective and Its Relevance to Compilation of Islamic Law. This study examines the practice of tahlil marriage carried out in several sub-districts in East Lombok Regency. Tahlil marriage or Cine Bute or muhallil is carried out as a condition that reconciliation between ex-husband and ex-wife who has been divorced is permissible. Tahlil marriage ( Cine Bute ) in the Sasak community is carried out secretly without authorization from the Office of Religious Affairs. This research is classified as qualitative research with an empirical normative approach. Data were collected using observation, interview and documentation techniques and were analyzed through the perspective of maqâshid al-sharî’a and Compilation of Islamic Law (KHI). This research found that tahlil marriage in East Lombok Regency was divided into three forms: common marriages, contractual marriages, and common marriages initiated by contract marriages. In the view of maqâshid al-sharî’a , the tahlil marriages carried out by the Sasak tribe do not fulfill the aspects of dharûriyya, hajjiya and tahsîniyya . Among the factors that influence the tahlil marriages performed by the Sasak tribe are the ease of divorce, the lack of public legal awareness, the low level of public education, the lack of understanding of religion and the weakness of law enforcement.


Introduction
Islamic teaching that Allah SWT prescribes contains the purpose of (maqâsid al-sharî'a) that is useful for mankind. Muslim law expert formulates this protection in five protected aspects (al-maqâshid al-khamsa), namely hifzh al-dîn (saving religion), hifzh al-nafs (protecting soul), hifzh al-'aql (protecting the mind), hifzh al-nasl (protecting offspring) and hifzh al-mâl (protecting property). 1 Protecting offspring (hifzh al-nasl) can be realized by marriage. Ulema (Salaf al-Sâlih), as written in many books of Turats about the law of marriage, convey the purpose of marriage, which includes preserving good offspring, educating the soul, increasing the sense of love and affection, and unifying the feelings of man and woman. 2 Meanwhile, the book of Islamic Law Compilation (KHI) is used as a unity guideline for solving problems in Indonesian marriage, inheritance and endowment law. It explains that marriage is "a firm contract (mitsâqan ghalîzan) intended to obey the commands of Allah Subhanahu wa Ta'ala and doing worship". 3 The purpose of marriage is to build a long-lasting, peaceful (sakîna), prosperous (mawadda) and harmonious (rahma) family in line with religious guidance and state rules. 4 The Qur'an and Hadits describe marriage in detail, expecting a marriage will be long-lasting. 5 In Indonesia, divorce rates are pretty high. According to the National Statistics Center (BPS) records, there were 447,743 divorce cases in 2021, 1  an increase of nearly 70% from the previous year, which recorded 291,677 points. A similar tendency also occurred in East Lombok Regency, where the number of divorces increased; from 1,214 cases in 2019 to 1,310 in 2020 and increased again to 1,434 points in 2021. 6 Generally, divorces in East Lombok Regency are taken stealthily unless the husband or wife needs a divorce certificate to marry someone else. The factors causing this increase are economic difficulties, boredom, fading love, selfishness, and polygamy. 7 According to Islamic law, a husband who has divorced her wife up to 3 times can no longer remarry his ex-wife (rujû') unless the wife marries another man first. If, later on, the man divorces her, then the previous exhusband is allowed to rujû' (remarry) his ex-wife. The man who marries the widow is called "muhallil," while the ex-husband is called "muhalla lahu". 8 The difficulty in implementing the above requirements makes some people take shortcuts by paying someone else to marry the ex-wife and then divorce her so the ex-husband can remarry her. This kind of practice is known as Cine Bute among the Sasak circle.
Tahlil marriage is permissible if it usually takes place without any elements of closure. In other words, the man, who marries the widow, having been divorced three times by her previous husband, really intends to marry her, and there is no hidden motive. Unfortunately, such is not the case in the Sasak tribes of the Wanasaba district. In this community, tahlil marriage (Cine Bute) is not a marriage in the truest sense but falsity. The tahlil marriage only aims to open up legal opportunities for ex-husbands to marry their ex-wives by asking someone to perform the marriage. 9 Such is what makes marriage forbidden because there is no seriousness/sincerity of the new husband to marry the woman.
Based on initial observations, tahlil marriages in Wanasaba District, East Lombok, tend to lead to illegal marriage. The union was carried out secretly, and the duration was concise. The wedding could only last a few days, even just a few hours after the muhallil (the man who pretended to be married) received a wage from muhalla lahu. As stated by a local community leader, Cine Bute (Tahlil Marriage) was not exposed to the public, nor was it registered with the Religious Affairs Office (KUA) to protect the reputation of the perpetrators involved in the marriage. So not everyone knows about it. 10 Although tahlil marriage is becoming rare, it can still be found among the people of Tanjung Luar, South East Lombok. As far as the author has been able to trace, there has never been any research related to this topic. Such is what prompted the writer to examine the practice and analyze it from the perspective of maqâsid al-sharî'a and the Compilation of Islamic Law. Through this research, the authors expect that the Sasak people may realize that the nikah tahlil practice, which has been practiced so far, is violated the purpose of marriage in Islam. Because it is not intended to build a household that is sakîna, mawadda, wa rahma but to restore the status of a woman who has been divorced by her ex-husband so that he can remarry her.

Research Method
This research is field research with a qualitative descriptive approach, using the perspective of maqâsid al-sharî'a and the Compilation of Islamic Law. 11 The study was conducted in three locations in East Lombok Regency, including Suralaga, Suela, and Tanjung. The author applied is descriptive and qualitative analysis approach. The data were obtained directly from primary and secondary data sources, 12 either from interviews, observations and documentation activities or from books, documents, journal articles and others related to the tahlil marriage.

Result and Discussion
As an area with the most populous in West Nusa Tenggara Province, East Lombok Regency holds various crucial social problems in family life, among others, is divorce. In the case of raj' i divorce, the husband and wife may return to marriage under a simple process. 13 In the case of ba' in divorce, however, the husband and wife can not remarry unless the ex-wife marries another person. Only after this new husband divorces the woman, then the ex-husband has an opportunity to remarry his ex-wife.
The regulation regarding tahlil marriage can be found in fiqh and the Compilation of Islamic Law (KHI), which becomes a guideline for the implementation of tahlil marriage correctly. 14 Tahlil marriage in East Lombok Regency is generally conducted in a sirri (underhand marriage) without Religious Office Affairs (KUA) validation. People only need shar'i legality to remarry their ex-husband or wife.
According to the prevailing custom, five things must be implemented immediately: conversion to Islam, death person, demanding marriage, divorce, and. conciliation. Many people understand that tahlil marriage is permissible. For this reason, a person wanting to remarry his exwife after giving her three talaqs (divorce statements) tends to use tahlil marriage as a solution to conciliate with their ex-spouse to avoid sin. 15 Another compelling reason is fears something undesirable will happen if a husband and wife who divorces by three talaqs want to reconcile. Still, the wife has not married another person (muhallil) yet. So they move to another place to intervene before his wife marries someone else. 16 Indeed, tahlil marriage is permissible in Islamic teaching. Still, it is forbidden if conducted in a contradictory manner, for example, marriage with a time limit or under any conditions in the agreement, such as "after sexual intercourse, the divorce occurs". This prohibition is based on the Usul Fiqh principle (shadd al-dzarîa), where a problem seems permissible but may be conveyed to criminal cases. Anything carried away into a forbidden act is considered harâm (unlawful). 17

Tahlil Marriage Models in the Sasak Community
Three models of tahlil marriage occur in the Sasak community of East Lombok Regency, as follow:

a. Common and legal Tahlil Marriage
Common tahlil marriage means a marriage that is unplanned and without any agreements. This kind of tahlil marriage also occurs in East Lombok. One of the couples who experienced this common tahlil marriage was LM and SK. Both of them had been married for many 15 Haikal. years. Once there was an intense discord, the husband, in a very emotional condition, dropped three talaqs to his wife. The couples divorced and lived separately while their children were with their fathers. Within a year, SK married another man, while LM was comfortable being a widower, taking care of his two children. In fact, since the divorce, LM regretted his decision because SK is a good wife. Only a tiny mistake and excessive emotion separated their marriage. On the other hand, SK still loved her ex-husband but could not do anything because she had now married a new husband.
After three years of marriage, SK divorced her new husband, and after the divorce, LM and SK's relationship was re-opened for the sake of the children and their love. They finally remarried and lived happily until now. Although only a few, similar cases can be found in East Lombok Regency, including Suralaga, Wanasaba and Suela.

b. Contractual Tahlil Marriage
It is called contractual tahlil marriage due to an agreement between the ex-husband of the woman and the muhallil to do the marriage and must obey special conditions as agreed by both parties. The form of agreement commonly occurs in tahlil marriage cases includes muhallil not having sexual intercourse and immediately divorcing his wife quickly. After both parties deal with the point of agreement, the marriage is planned and conducted. Generally, the "tahlil marriage" is conducted in a sirri (concealed) and simple way and is witnessed by the closest family as a refinement of the pillars and conditions of marriage. Needlessly to say, the marriage is not registered in the Office of Religious Affairs (KUA). The divorce, afterward, happens the day after the marriage. By doing such a fake marriage, the muhallil gets wages ranging from Rp. 1.000.000 to Rp. 2.500.000.
The case of tahlil marriages in one of the sub-districts in East Lombok is so high, although the number cannot be determined. 18  named Amaq HR (67 years old) explained. He explains that he often performs a muhallil because of his innocent personality and old age. He said, "I forgot how many times, but about 15 cases. I became muhallil because many people who have divorce cases three talaqs asked me to help them. By becoming muhallil, I help people to return to their husbands again". 19 Amaq HR is not the only muhallil person in the village. Another villager, Amaq SN (55 years old), acknowledged that he is often asked to perform a muhallil, although not as often as Amaq HR. Amaq SN is younger, but his lust seems still high, making him rarely used as muhallil than Amaq HR. Amaq SN acknowledged being a muhallil in 6 cases of tahlil marriage, as he said: "There are about six times I became muhallil. I do it just to help my friend. I did not get along with everything. I only got married just last night, even though we were in the same house as the woman, but we had different bedrooms, and the following day we were divorced." 20 Based on a perpetrator's statement, it can be predicted that the case number of tahlil marriages in East Lombok Regency is plentiful. However, the number of practices is hard to be determined as the procedure is not revealed to the public, it is usually conducted in a limited way and does not involve many people. One witness of tahlil marriage said: "The implementation of tahlil marriage is conducted to help couples who want to reconcile. It is carried out secretly, and witnessed by a few persons, only to fulfill the pillars and requirements of Islamic marriage." 21 The motive of being a contractual muhallil is to help others and get wages. As Amaq HS explained: "My main goal is to help. I did not charge tariffs because I only want to help people. By uniting the divorced couples, they can be happy, also their children". 22 Amaq HS admitted that he became a contractual muhallil three times to mediate with his friend so they could reunite. In one case, he became a muhallil and asked for sexual intercourse with the woman, but the woman refused because, according to the agreement, there was no intercourse in marriage. Then the woman increased the reward for the muhallil since the deal was agreed upon by the muhallil, the ex-husband and his ex-wife.
However, there are also contractual tahlil marriages that allow sexual intercourse. For example, the case between DN and MS. The couple was happy and loved each other at the beginning. But as DN still lives with her parents-in-law, quarrels between her and her husband's parents frequently occur. The dispute spread to MS's brother, and MS was cornered and blamed his wife. The conflict was exacerbated because DN also had a bad temper. Finally, she got three talaqs from her husband.
After divorcing his wife, MS migrated to Malaysia to work. After building a house and being bored of being widowers, MS and DN wanted to reunite, but they had already divorced by three talaqs the only solution was tahlil marriage. The wedding was conducted after finding the right person, a muhallil named SH. Even though the tahlil marriage ended in one night, DN had intercourse with SH, and MS didn't mind it, he even said: "Actually, if it is the condition that must be followed to make us reunite, it is not a problem, because it is also a religious provision, so I take it easy".

c. Common Marriage Initiated by Contractual Tahlil Marriage
Common agreement of tahlil marriage refers to a tahlil marriage based on a contract, but it turns into an ordinary marriage. This kind of case was done by MU and BA, who were divorced for a long time for various reasons. They finally planned to get married again by tahlil marriage with an agreement that the man, as a muhallil, got a reward of Rp 2.5000.000, but he has forbidden to intercourse with his wife and ended in divorce soon.
However, after the marriage and living together in the same house, the married couple felt they needed to cancel the agreement by returning the money to the ex-husband. Their married life was going well until now. Meanwhile, her ex-husband shortly married another woman and has also had a lasted marriage until now.

a. Dharûriyya Level
Viewed from the concept of maqâshid al-sharî'a, marriages can be classified as dharûriyya because it protects religion (hifzh al-dîn) and offspring (hjfzh al-nasl). Maintaining offspring is also at the dharûriyya level because Islam strongly recommends marriage and prohibits adultery.
Tahlil marriage in East Lombok Regency contradicts maqâshid alsharî'a at the dharuriyya level. Several things that make the union not meet the maqâshid al-sharî'a principles include the following conditions: (1) The marriage is not expected as it is only a temporary marriage aiming at facilitating ex-marriage couple being divorced under three talaq to reunite. In addition, it manipulates the marriage law by making an agreement violating the marriage principles, such as not allowing sexual intercourse and limiting the time.
Moreover, following Abdullah al-Syarkawi's view, this kind of marriage can be categorized as mut'ah marriage (contract marriage) a marriage conducted by a couple for a certain period, like one day, a week or a month. This marriage is also known as muwaqqat or munqati marriage. It is called mut'ah marriage because the man only wants to have fun for a while. Thus, it is similar to adultery.
Tahlil marriage and mut'ah marriage are two kinds of prohibited marriage in Islam. The two has similarity and the differences as well. The similarity is based on agreements while the differences are: (1) in terms of purpose, mut'ah marriage is generally to vent lust, while tahlil marriage aims to legalize husband and wife relationship based on Islamic law. (2) in terms of essence, tahlil marriage aims to rebuild a husband and wife relationship that has been divorced three times. So tahlil's marriage is a consequence of the divorce and the only procedure for returning their marriage. But mut'ah marriage is not related to the marriage before and after. (3) in terms of cause, mut'ah marriage is not tied to the cause of incidents, while tahlil marriage is due to talaq ba' in (divorce three times). (4) Regarding justification, mut'ah marriage aims to justify sexual intercourse between husband and wife. In contrast, tahlil marriage not only justifies sexual intercourse but also provides a solution for the ex-husband and his ex-wife to remarry after a talaq ba' in (permanent divorce) (5). Regarding relationships, a tahlil marriage is related to a previous marriage, whereas a mut'ah marriage is not.

b. Hajjiya Level
The incompatibility of the tahlil marriage of East Lombok in the view of maqâshid al-sharî'a at the hajjiya level can be seen from the agreement between muhallil and muhallal lah to divorce immediately after the marriage ceremony or not to do certain things. Thus, the husband lost his rights because it was removed by the agreement made with muhallal lah. The deal indicates the falsity of the marriage contrary to natural marriage principles, namely to build an eternal relationship, obtain offspring, educate children and build a prosperous household. Therefore, it is not following maqashid al-shari'a at the level of hajjiya. Moreover, based on the views of the majority ulama', both Salaf and Khalaf, any tahlil marriage conducted by any agreement is void, whether it is agreed before the contract or when the contract takes place.

c. Tahsîniyya Level
The maqâshid al-sharî'a of marriage at the tahsîniyya level can be seen through the implementation of khutba and walîma. However, in the practice of tahlil marriage that occurs in East Lombok, it is done in secret. There is no notification to the public, as only a few people attend it. Such is not following the provisions of maqâshid al-sharî'a in Islam. Imam al-Ghazali advised people who will get married not to marry a woman because of al-Hanâna, a woman or widow who likes to miss and remember her ex-husband. 23

a. The Practice of Contract Tahlil Marriage
As mentioned earlier, the practice of tahlil marriage of East Lombok is quite similar to mut'ah marriages. Mut'ah marriages, indeed, is onvce ever being permissible in Islam. as narrated in a hadith:

From Ibn Mas'ud said: we once fought with Rasulullah Shallallahu
Alaihi Wassallam and did not bring a wife with us, then we asked: can we castrate (this genital area), Rasulullah forbid and gave us relief to a married woman with (dowry) piece of clothing until the specified time limit (HR. Ahmad, Bukhari and Muslim). 24 However, according to contemporary Sunnis 'ulema, the permission of mut'ah was only temporary and for a transitional period. It is a solution for people who are weak in faith and need a woman to channel their natural desires while traveling or fighting to expand Islam. To prevent them from committing adultery, Prophet Muhammad PUBH. When the situation is expected, the practice of mut'ah is prohibited, as mentioned in a hadith: I once allowed you to marry Mut'ah with women. And verily Allah has forbidden it until the day of judgment. Therefore, whoever has a woman he married by his side in Mut'ah marriage, let him separate from her and do not take what you have given them. (HR Muslim no 1406). 25 The hadith shows that mut'ah marriages, which were once permitted, have been forbidden in Islam. Thus every person who still practices mut'ah marriage is nothing more than practicing adultery wrapped in the religious procedure.
Based on the latter hadith, the 'ulama madhhab has unanimously agreed that mut'ah marriage is harâm (forbidden). 26 As Imam Shamsuddin al-Sarkhasi, a Hanâfite scholar, wrote, "This mut'ah marriage is false according to our madhhab". 27 Likewise, Imam al-Kasani, another Hanâfite scholar, wrote: No temporary marriage or mut'ah". 28 Similarly, Imam Mâlik bin Anas confirmed, "If a man marries a woman with a limited time, so the marriage is invalid". 29 Likewise, Imam Ibn Rushd, a Mâliki scholar, mentioned that "The hadiths that forbid mut'ah marriage is kind of mutawatir (valid)". 30 Imam al-Shâfi'i mentioned, "The prohibited of mut'ah marriages are all kinds of marriage that are limited by time, both in the short or long term, such as the words to woman, I will marry you for one day, ten days or one month". 31 In a similar view, Imam al-Nawâwi, DOI: https://doi.org/10.24042/al-'adalah.v19i2.14495 explained that: "Mut'ah marriage is not allowed because marriage is an absolute contract, so it is not valid if limited by the time". 32 Similarly, Ibn Qudâmah confirmed that, "This mut'ah marriage is a false marriage". He also quoted the opinion of Imam Ahmad bin Hambal who asserted that mut'ah marriage is harâm. 33 Thus, tahlil marriage, which only allows a divorced couple to remarry, is not following Islamic Law if the following procedure has not been met. In other words, a man divorces his wife three times, he no longer refers to his wife unless his wife remarries another man. If the man later divorces her, and her iddah (waiting period) expires, her ex-husband may marry her. Such is the right way of tahlil marriage that follows Islamic law.

b. Marriage by Agreement
Imam Mâlik stated that tahlil marriage could be annulled. Sufyan ats-Tsauri said that if a man marries a woman with the intention of tahlil, then the couple, according to Sharia law, must be divorced, and then a new marriage occurs. 34 Ibrahim al-Nakhâ'i stated that tahlil's marriage is not permissible unless there is a sincere desire to marry. If a man marries a woman intending to reunite the divorced spouses, the marriage is invalid. 35 Imam Shâfi'i also said it would be void if the marriage were carried out under the conditions stated in the contract. Tahlil marriage is considered not absolute but only at certain times. Based on the thinking of Mâliki and Hambali, a tahlil marriage, even though any conditions do not accompany it, is intended to justify the talaq relationship of three divorced couples, the law is harâm and must be annulled because ex-husbands are not explained in remarrying ex-wives except through correct marriage tahlil and following Sharia guidelines. 36 32 Al-Nawâwi, al-Majmû, Juz XI, (Beirût: Dâr al-Fikr, 1996)

c. Planned Tahlil Marriage
Tahlil marriages that are planned with the aim to facilitate divorced couples so that they can re-marry do not follow Sharî'a provisions. So it is unlawful and invalid. The doer can be cursed, as the Prophet said:

Rasulullah Shallallahu Alaihi Wasallam has cursed the man who justified (now husband) and is explained by (ex-husband). (HR. Tirmidzi)
Islam forbids a woman whose ex-husband has divorced from hiring a man to marry her without the sincere intention of building a happy family and living together.

d. The Absence of a Biological Relationship
One of the functions of marriage is to justify sexual relations between a man and a woman. If this is neglected, the shara' principle has been abandoned. In Islam, fulfilling biological needs is a fundamental factor for marriage. Marriage can be void if sexual function is not adequately accommodated. Likewise, in a tahlil marriage, sexual relations are the main thing, and there is no difference of opinion among the scholars regarding this matter, as confirmed in a hadith from Aisha ra: In practice among the people of East Lombok Regency, there are many tahlil marriages where it is agreed "not to have sexual intercourse", and muhallil must fulfill it. This kind of agreement is not following Shari'a principles. In ordinary marriages, sexual intercourse is one of the primary purposes of marriage for human regeneration. Even in Islam, sexual relations are not only carried out but must satisfy the parties, as in the hadith of the Prophet Muhammad. Marriage has given rights and obligations to husband and wife. So the biological relationship is an essential aspect of a wedding that cannot be ignored.

e. Divorce Agreement
Marriage is an eternal relationship between a man and a woman to produce offspring and build a prosperous household. Marriage is a contract ordered by Islam. Meanwhile, divorce is the dissolution of marriage, which means the termination of something rated. In Islam, divorce is 37 Abdurrahman al-Juzairi, al-Fiqh ' Ala al-Madzâhib al-Arba`ah, (Beirût: Dâr al-Fikri, 1990), p. 213. prohibited except for urgent needs. Even if the sacred relationship cannot be continued, the divorce must be done correctly.
Divorce is the final solution to solving household conflict problems. Although divorce is not forbidden, God hates divorce. Divorce can be done if all means to maintain the household have been tried and failed. 38 Such provisions also apply to tahlil marriages. The wife must be divorced first by the muhallil then the ex-husband can remarry his ex-wife.

Tahlil Marriage in Sasak Tribe Viewed Through the Islamic Law Compilation (KHI)
Chapter 43, paragraph (1) of KHI states that "there is a prohibition on marriage between a man and a woman if the woman has been divorced three times by her husband, then it is not permissible to remarry her ex-husband". This provision clearly refers to the tahlil marriage. 39 Even though tahlil marriage is permitted in Islam, as long as the pillars of marriage are fulfilled, what the Sasak people practice contains many shortcomings and weaknesses, one of the weaknesses is that the course has not met the objectives of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage. Such is because, in the tahlil marriages, the practice only aims to justify ex-husbands to marry ex-wives, not to form a sakîna, mawadda, wa rahma household, as desired by Islamic shari'a.
Another weakness of tahlil marriage, as has been practiced so far, is that it is not held publicly, let alone registered in an authoritative office. Almost all tahlil marriage in the Sasak tribe is held secretly (sirri) and is only attended by a few people. The legal consequence that may arise from such marriage is that the child born only gets civil rights from the biological mother. Apart from that, the wedding will not have authentic evidence in the form of a valid marriage certificate (marriage book). Such means that the relationship between the parties does not have a solid legal standing, including the status of children born from that 38 Abdurrahman al-Juzairi, p. 214. 39  marriage. If the tahlil marriage is carried out following state regulations and without particular motives, the children born will have the right to get support such as food, drink, clothing, housing, medicine, education, etc. The child will also have the right to inherit his biological father's property if his father dies. Such requests, however, can never be obtained from an unauthorized marriage. 40

Factors Influencing the Occurrence of Tahlil Marriage in East Lombok
Among several factors encouraging couples to choose tahlil marriage is reuniting in a marital bond after three talaqs. In the case of MS and DN, the team loves each other but can not express it because they still live with the husband's parents. Unfortunately, they do not have a well-established mental readiness to reconcile the prominent family's character differences. After divorce, the couple regrets past mistakes and wants to remarry, but they must follow a religious procedure, namely tahlil marriage.
Another factor is loving their children. Children are always becoming the victims of every divorce. When their parent's divorce, the children must be separated from one of the two parents. This separation causes psychological disturbances as they need love from both parents. The child may become introverted, dreamy, easily sad and, lazy, not focus on all activities. Feeling sorry to see the children's condition, the divorced parents finally decided to reunite, even though they had to go through the required procedure, namely the tahlil marriage. Thus, loving children become a determining reason for the couple to choose tahlil marriage to rebuild their household.
The next factor is the lack of understanding of the community regarding the concept of tahlil marriage in Islamic marriage law. Many members of the community view that the tahlil marriage can be applied casually without having certain conditions and procedures. For them, as long as the requirements for remarriage are met, even if it's just a formality, then the Shari'a requirements have been fulfilled. Formality, mainly if it contains an element of pretense, cannot eliminate formal/ normative requirements. Those who do tahlil marriage seem never to think about the consequences of the marriage, not only to the ex-husband, muhallil, ex-wife and even their children.

Conclusion
Tahlil marriage in East Lombok Regency can be divided into three forms, (1) common tahlil marriage, which is a valid tahlil marriage under the Islamic teaching as no agreement between the ex-husband and muhallil.
(2) The contractual tahlil marriage, a false tahlil marriage where there is an agreement between the ex-husband and muhallil. (3) common marriage initiated by contractual tahlil marriage, a tahlil marriage based on a contract but turns into a typical marriage.
Based on the view of maqâshid al-sharîa, only the first category among the practice of tahlil marriage in the Lombok Sasak is following Islamic law. As for classes (2) and (3), they deviate from the principles of maqâshid al-sharîa, both at the dharûriyya, hajjiya, and tahsîniyya levels. At the dharûriyya level, the deviations occur in the form of legal manipulation through contract marriages (mut'ah). At the hajjiya level, the variations occur in the form of marriage with conditions for divorce. While at the tahsîniyya level, the deviations arise in the form of carrying out secret marriages (sirri), and not publicly known. This deviation occurs because many community members misunderstand the concept of tahlil marriage, so the practice does not meet the provisions of Islamic law.