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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Sapientia Diversalis: Journal of Human Interaction and Social Studies
Fitria Adzuhri Mahyudin
Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
Law, Crime, Criminology & Criminal Justice

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A Legal-Normative Analysis of Marriage Registration in Indonesia from the Perspectives of Islamic Law and Positive Law, and Its Implications for the Legal Protection of the Family Rosihah Rosihah; Abdul Raffi Ardiyanto; Fitria Adzuhri Mahyudin; Humaeroh Humaeroh
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/wb7qvy52

Abstract

This study examines the legal status, normative foundations, and legal implications of marriage registration in Indonesia through the perspectives of Islamic law and positive law. The research employs a non empirical legal method based on a normative juridical approach and doctrinal legal analysis. Primary legal materials consist of Law Number 1 of 1974 concerning Marriage, Government Regulation Number 9 of 1975, and Law Number 16 of 2019, supported by scholarly literature on family law, legal pluralism, and sociolegal theory. The analysis explores the historical and regulatory development of marriage registration, the relationship between religious validity and state recognition, and the role of registration in securing legal protection for family members. The findings indicate that marriage registration functions as a legal mechanism that bridges Islamic legal principles and state legal authority within Indonesia’s plural legal system. Although classical Islamic jurisprudence does not generally classify registration as a substantive requirement of marriage validity, contemporary legal developments justify its necessity through the objectives of Islamic law and the demands of legal certainty. Registration strengthens the protection of rights relating to spouses, children, inheritance, maintenance, and access to judicial remedies. The study concludes that marriage registration constitutes an essential instrument for legal recognition, family welfare, and substantive justice in contemporary Indonesia.
Rekonstruksi Hak Hadhanah dalam Hukum Keluarga Islam: Analisis Yuridis Pemberian Hak Asuh Anak kepada Ayah Pasca Perceraian Adila Syaidatun Nisa; Fitria Adzuhri Mahyudin; Tufatul Kholisoh; Muhammad Hapipi Roif; Rafli Ramdan; Ahmad Fahrul Fauji
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/4bbczr85

Abstract

Divorce not only ends a marriage, but also has serious implications for the fulfillment of children's rights and welfare, particularly in terms of custody (hadhanah). Children are the most vulnerable to psychological, emotional, and social impacts resulting from parental conflict after divorce. In Islamic family law, custody rights for children who have not reached the age of discernment are, in principle, given to the mother as stipulated in Articles 105 and 156 of the Compilation of Islamic Law. However, in judicial practice, these custody rights can be transferred to the father if the mother is deemed incapable of ensuring the safety, welfare, and development of the child. This study aims to analyze the provisions of child custody in Islamic family law, identify the factors behind the granting of custody to the father, and examine the legal considerations in the determination. The research method uses a qualitative approach with normative legal techniques through a literature study of Islamic legal sources, laws and regulations, and academic literature. The results of the study show that granting custody to the father is legally justified if it better ensures the welfare and best interests of the child, which is the main principle in Islamic family law after divorce.
Co-Authors Abdul Raffi Ardiyanto Adila Syaidatun Nisa Ahmad Fahrul Fauji Humaeroh Humaeroh Muhammad Hapipi Roif Rafli Ramdan Rosihah Rosihah Tufatul Kholisoh