Pendas : Jurnah Ilmiah Pendidikan Dasar
Vol. 11 No. 02 (2026): Volume 11 Nomor 02, Juni 2026 Public

METODE ISTINBAT HUKUM MUHAMMAD ABU ZAHRAH DALAM PENCATATAN HUKUM PERKAWINAN PERSPEKTIF SOSIOLOGI HUKUM DI INDONESIA

Pratama, Agung (Unknown)
Miftahul Huda (Unknown)
Salimul Jihad (Unknown)



Article Info

Publish Date
20 Jun 2026

Abstract

This study examines Muhammad Abu Zahrah's method of legal istinbat in relation to marriage registration in Indonesia from the perspective of the sociology of law. The research is motivated by the importance of marriage registration as a form of legal protection for family rights within the context of modern social development. In classical Islamic law, marriage registration is neither a pillar nor a condition for the validity of marriage; however, within the Indonesian legal system, marriage registration is mandatory to ensure legal certainty and social order. This study employs a library research method using normative and sociological approaches. Data were collected from books, academic journals, statutory regulations, and previous studies related to Muhammad Abu Zahrah’s legal reasoning methodology, marriage registration, maqāṣid al-sharī‘ah, and qawā‘id fiqhiyyah. The findings reveal that Abu Zahrah’s method of legal istinbat is dynamic and oriented toward public welfare (maṣlaḥah). He considers the Qur’an, Hadith, ijmā‘, qiyās, and maṣlaḥah as essential foundations in the formulation of Islamic law. The relevance of Abu Zahrah’s thought to marriage registration in Indonesia can be seen through the application of maṣlaḥah and maqāṣid al-sharī‘ah, which aim to preserve religion (ḥifẓ al-dīn), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Furthermore, the implementation of legal maxims (qawā‘id fiqhiyyah), such as dar’ al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ (preventing harm takes precedence over attaining benefits) and taṣarruf al-imām ‘alā al-ra‘iyyah manūṭun bi al-maṣlaḥah (the policies of a ruler toward the people must be based on public welfare), demonstrates that the obligation of marriage registration possesses a strong foundation of public interest within Islamic law. Therefore, marriage registration in Indonesia may be understood as a form of modern legal ijtihād that is consistent with the objectives of Islamic law and the social needs of society in promoting legal protection, justice, and social order.

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pendas

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Pendas : Jurnah Ilmiah Pendidikan Dasar is a journal published twice a year, namely in June and December that aims to be a forum for scientific publications to pour ideas and studies complemented with the results of research related to primary school education. To achieve this, basic education ...