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All Journal Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan
Ahmad Mustofa
Pascasarjana, Fakultas Syariah dan Hukum, UIN Sunan Kalijaga Yogyakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice

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PROBLEMATIKA PENCATATAN PERKAWINAN PADA KUA SE-KOTA MADIUN DITINJAU DARI MAQASID SYARI’AH Ahmad Mustofa; Marwa Maratus Sholeha; Moh. Anang Darwisyi
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 1 (2023): Volume 5 Nomor 1 Juni 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i1.4016

Abstract

This article aims to find out the perceptions of KUA employees in the city of Madiun regarding underhand marriage. This is because there is still a dualism in understanding the validity of underhand marriage. So that gave rise to various problems of marriage registration at KUA in Madiun city. This research is a qualitative research with descriptive analysis method. The analysis technique used is exploratory technique. The results showed that in the city of Madiun the KUA agreed that marriages that were not administratively registered at the KUA were considered invalid under state law, especially when viewed from Maqaṣid as-Syari'ah who invited Hifẓu al-Din and Hifẓu al-Nasl , the state is in principle obliged to protect its people from damage to religion and heredity. With underhand marriage, it will have a physical and psychological impact on the rights of the wife and children. The wife cannot be called a legal wife according to state law. So that her rights as a wife are not guaranteed to be fulfilled. Then the impact of underhand marriage on the status of the child is only related civilly to the mother and/or the mother's family.
Co-Authors Marwa Maratus Sholeha Moh. Anang Darwisyi