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All Journal NALAR FIQH: Jurnal Hukum Islam
Bangkit Satriya
IAIN Kudus
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reinterpretation of Marriage Registration in Indonesian Islamic Family Law: From Fiqh Formalism to Legal Protection Bangkit Satriya; Deni Kurnia; Irsadunas Noveri; Siti Marlina
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 2 (2025): Desember 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i2.1588

Abstract

Currently a marriage must be registered at the agency in charge of registering marriages, the existence of marriage registration is a mandate from Law No. 1 of 1974 Article 2 paragraph 2 which reads Every marriage is recorded according to applicable laws and regulations. However, the existence of a law that registered this marriage did not necessarily get good acceptance in society, especially the Muslim community at that time, this was due to the pillars and conditions of marriage contained in fiqh there was no order to register marriage, in response to this the president at that time issued instructions to the ministry of religious affairs containing orders to carry out the compilation of Islamic law. This research was written using the theory of horizontal vertical law compilation which Soerjono Soekanto referred to as the classification theory of the data mining process carried out by library research methods by taking the main sources from the book of fiqh and the compilation of Islamic law.
Co-Authors Deni Kurnia Irsadunas Noveri Siti Marlina