PANDANGAN MAJLIS TARJIH DAN TAJDID MUHAMMADIYAH TENTANG NIKAH SIRRI DAN ITSBAT NIKAH: ANALISIS MAQASHID ASY-YARI’AH

Wahid, Wawan Gunawan Abdul

Musawa : Jurnal Studi Gender dan Islam
Vol. 12 No. 2 (2013)

Among the issues on marriage hotly discussed are the types of marriages frequently  causing problems in society. One of these marriages are sirrimarriages, which are still often declared religiously valid by several parties. Observing the problem raised by sirrimarriages, among them dues to its lack of documentation, Muhammadiyah –through MajlisTarjihand Tajdid- views that all marriages must be registered. Meanwhile, Muhammadiyah also holds the view that marital itsbatis a facility  prepared by the state only for exceptional circumstances of sirrimarriages prior to the  enactment of Law No. 1 of 1974. The analysis on the views of Muhammadiyah will be conducted according to the theory of maqashidasy-syari’ah.