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All Journal Al-Ashri: Ilmu-Ilmu Keislaman Samara: Journal of Islamic Law and Family Studies
Abdul Razak, Dudung
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Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Itsbat Marriage: The Urgency and Process of Settlement in Religious Courts Burhanuddin, Burhanuddin; Oktavia, Gifa; Taufan, Muhammad; Nurfadhilah, Nurfadhilah; Abdul Razak, Dudung
Al-Ashri: Ilmu-Ilmu Keislaman Vol 10 No 1 (2025): April
Publisher : LP2M STAI Balaiselasa YPPTI Pesisir Selatan Sumatera Barat

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Abstract

Our country is a country governed by law. From a legal perspective, in order to maintain order in Islamic society, marriages must be registered at the Office of Religious Affairs as stipulated in Article 2 paragraph (1) of Law No. 1 of 1974 and Article 4 of the Compilation of Islamic Law. The government provides a solution for unregistered marriages through the process of itsbath marriage. The provisions of the law that serve as the legal basis for the Religious Court to perform itsbath marriage are the explanation of Article 49 paragraph (2) point 22 of Law No. 7 of 1989 concerning Religious Courts and Article 7 paragraphs (2) and (3) letter d of the Compilation of Islamic Law. The results of the study show that isbat marriage is a request for marriage validation submitted to the Religious Court to declare the marriage valid so that it has legal force. The reasons for submitting itsbath marriage are contained in the Compilation of Islamic Law Article 7 paragraph (3), namely; the existence of a marriage in the context of settlement, the loss of a marriage certificate, a marriage that took place before the enactment of the Marriage Law No. 1 of 1974, or a marriage conducted by individuals who do not have any legal impediments to marriage under Law No. 1 of 1974. The persons entitled to apply for itsbat marriage are specified in Article 7(4) of the Compilation of Islamic Law, namely: the husband, wife, their children, and parties with an interest in the marriage. The urgency or purpose of itsbat marriage is to provide legal certainty for every marriage and to provide legal protection for the offspring of each couple. An application for itsbat marriage may be filed at the Religious Court in the place of residence of the couple seeking itsbat marriage.
The Effectiveness of Fiqh Rules on Law Number 16 of 2019 Hertasmaldi, Hertasmaldi; Sulfinadia, Hamda; Mardianto, Mardianto; Abdul Razak, Dudung; Efendi, Faisal
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Legal certainty must be present in a law or regulation. Without legal certainty, the rights of legal subjects will be violated and neglected. Similarly, without legal certainty, legal subjects will feel anxious and insecure because they feel that the law does not protect them. Law Number 16 of 2019 concerning Amendments to Law Law No. 1 of 1974 is considered to lack legal certainty and clarity, as the determination of the marriage age limit in that law is based solely on Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection. This type of research is library research. Library research is a series of activities related to the methods of collecting library data, reading and recording, and processing research materials. Law No. 16 of 2019 still allows Indonesian society to engage in child marriage under the legal age. This law must be considered from various legal perspectives and have clear legal consequences, so a comprehensive revision of this law is necessary. Even if possible, Law No. 1 of 1974 should be reviewed and adjusted to the legal issues that exist now and in the future. By applying the concept of public interest and rejecting harm in a law or regulation, the objectives of that law or regulation will be achieved and become effective.
Co-Authors Burhanuddin Burhanuddin Efendi, Faisal Hamda Sulfinadia Hertasmaldi, Hertasmaldi Mardianto Mardianto Muhammad Taufan Oktavia, Gifa Sembiring, Rinawati