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All Journal El 'Aailah
Abd. Rouf
Universitas Islam Negeri (UIN) Maulana Malik Ibrahim Malang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KOMPARASI AKIBAT TIDAK TERCATATNYA PERKAWINAN INDONESIA DAN PAKISTAN: STUDI REFORMASI HUKUM INDONESIA PERSPEKTIF MASLAHAH MURSALAH: Studi Reformasi Hukum Indonesia Perspektif Maslahah Mursalah Moh. Umar Fadlil; Abd. Rouf
El 'Ailaah Vol 5 No 1 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i1.369

Abstract

Unregistered marriages are an important issue in contemporary Islamic family law because they have a direct impact on the protection of the rights of husbands, wives, and children. In Indonesia, this practice still occurs due to the separation between the validity of marriage according to religion and the state's obligation to register it, thus creating legal uncertainty and weak protection of family rights. In contrast, Pakistan implements stricter marriage registration regulations through the Muslim Family Laws Ordinance (MFLO) 1961, accompanied by legal sanctions, which are more effective in maintaining order and protecting family law. This study aims to compare the legal consequences of unregistered marriages in Indonesia and Pakistan and formulate their implications for Indonesian marriage law reform from the perspective of maslahah mursalah. Through the perspective of maslahah mursalah, this research aims to formulate a normative basis and recommendations for reforming Indonesian marriage law so that marriage registration is not merely positioned as an administrative obligation, but as a legal mechanism that guarantees the welfare, justice, and protection of vulnerable parties within the family. The method used is normative legal research with a comparative and conceptual approach through a literature study. The results of the study show that the absence of registration and strict sanctions in Indonesia weakens the protection of the rights of wives and children, while the Pakistani system better guarantees legal certainty. This study emphasizes the need to strengthen marriage registration regulations in Indonesia in order to achieve justice, legal certainty, and family welfare. 
KESADARAN HUKUM DALAM PRAKTIK PENCATATAN PERKAWINAN: STUDI DI KABUPATEN BANGKALAN Dewi Balqis Maharani; Saifullah; Abd. Rouf
El 'Ailaah Vol 5 No 2 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i2.405

Abstract

The practice of unregistered marriages is still widely found in society, including in Bangkalan Regency. In general, people tend to prioritize the religious validity of marriage rather than its registration by the state. This study aims to examine the practice of unregistered marriages and the factors influencing it, as well as to analyze the level of public legal awareness regarding marriage registration based on Soerjono Soekanto’s theory of legal awareness and al-Syāṭibī’s theory of maqāṣid al-syarī‘ah. This research is an empirical legal study using a sociological approach. The data sources were obtained through interviews and documentation. The data were analyzed using descriptive qualitative methods. The results show that the practice of unregistered marriages in Bangkalan Regency is influenced by the community’s legal culture, religious understanding, economic factors, educational background, and certain circumstances. Based on Soerjono Soekanto’s theory of legal awareness, the indicators of legal knowledge, legal understanding, and legal attitude have been fulfilled. However, the indicator of legal behavior has not been fully achieved because some people still do not officially register their marriages. From the perspective of al-Syāṭibī’s maqāṣid al-syarī‘ah, marriage registration aims to preserve religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl) as a form of protection for family welfare.
Co-Authors Dewi Balqis Maharani Moh. Umar Fadlil Saifullah