Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah)
Vol 2, No 2 (2021)

KAJIAN YURIDIS PENETAPAN PERMOHONAN ISBAT NIKAH DI PENGADILAN AGAMA WATAMPONE

Nurhidayah Nurhidayah (Institut Agama Islam Negeri (IAIN) Bone)



Article Info

Publish Date
29 Jul 2022

Abstract

Abstract The number of application on marriage legalization in the last two years in the Religious Watampone Class I.B has been quite high. This is due to the high demands of people to legalize their marriage for certain reasons, such as divorce proceedings for an undocumented marriage, administrative requirements to get children’s birth certificate, TASPEN (retirement funds) administration, passport registration, getting veteran widow's pension, and publication ofmarriage certificate due to underhand marriage. Judge in deciding a case will look and pay attention on posita (case, the actual fact) and should be in accordance with existing procedures, among others, present witnesses at the hearing and show that there is evidence for consideration. The judge, of course, will put forward maqasid syari’ah (the objectives of sharia),so that the impact will be on the benefit of generations, to keep and maintain the honor that will be seen in the decision or verdict of the judge who accepted and granted other. Therefore, marriage legalization in principle is one of the legal protection and legal certainty, as referred to in Article 7 KHI, toward a marriage that cannot be proven with a marriage certificate as an authentic document in accordance with the mandate of Marriage Act, which requires that every marriage shall be recorded by state institutions.

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Journal Info

Abbrev

alrisalah

Publisher

Subject

Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah), published by Islamic Family law graduate Program, Institut Agama Islam Negeri Bone since 2014. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal ...