Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Vol. 6 No. 2 November 2024

Menakar Pencatatan Perkawinan di Indonesia Perspektif Kaidah Fiqhiyyah: Antara Legalitas Negara dan Keabsahan Syariah

Setyawan, Rahmad (Unknown)



Article Info

Publish Date
01 Nov 2024

Abstract

This research examines marriage registration in Indonesia through the lens of fiqhiyyah principles, exploring its role in determining marriage validity. Using a descriptive-analytical approach, this library-based study draws data from various sources, including books, journals, scholarly works, the Qur'an, hadith, dictionaries, encyclopedias, laws, court decisions, and other available documents. The findings reveal two primary perspectives on marriage registration: one views it as a non-essential administrative step that serves merely as evidence of marriage, while the other sees it as an additional requirement for marriage validity. Despite these differing opinions, fiqhiyyah principles emphasize that marriage registration, although not a determinant of validity, is a legal obligation that all Indonesians must observe. This requirement is grounded in the principles of promoting welfare and preventing harm. Thus, marriage registration serves as a means to support these goals, ensuring that state legality and sharia validity align to fulfill the objectives of marriage.

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Journal Info

Abbrev

al-hakim

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Al-Hakim is a Student Scientific Journal published by the Fakultas Syariah Universitas Islam Negeri Raden Mas Said Surakarta. Jurnal Al-Hakim is published twice a year (May and November). Jurnal Al-hakim aims to facilitate and disseminate innovative and creative ideas from students who ...