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All Journal el-Aqwal: Journal of Sharia and Comparative Law
Era Zufialina
Universitas Islam Negeri Imam Bonjol, Padang, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Deconstructing Unregistered Marriage in Indonesia: Integrating Fazlur Rahman’s Double Movement and Jasser Auda’s Maqashid Shariah for Family Protection Sunardi Simanullang; Era Zufialina; Ihzar Dinilhaq Basridal
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16462

Abstract

The phenomenon of unregistered marriages in contemporary Indonesia has generated various civil law problems due to the lack of protection for the fundamental rights of wives and children. This study aims to reconstruct the formalistic fiqh perspective that separates religious validity from the state's administrative obligations. The research employs a normative legal method with a library research approach. The data were analyzed through the integration of Fazlur Rahman’s Double Movement hermeneutics, the reconstruction of Maqashid al-Shari’ah based on Jasser Auda’s systems approach, and Imam al-Shatibi’s concept of public interest (maslahah). The findings reveal that early Islamic legal instruments concerning marriage, such as the requirement of witnesses, embody a universal moral ideal aimed at ensuring justice and protecting vulnerable groups. In the contemporary context, these objectives can only be effectively realized through marriage registration evidenced by an official marriage certificate. The study concludes that marriage registration has evolved into a fundamental religious obligation because it functions as a means of preventing harm and ensuring legal protection. Therefore, policy synergy in digitalization and the reformulation of religious fatwas are necessary to expand access to marriage registration and promote a more humane and socially just society.
Co-Authors Ihzar Dinilhaq Basridal Sunardi Simanullang