Journal of Social Studies and Education
Vol. 4 No. 1 (2026)

Beyond Administration: Reconstructing Marriage Registration as a Preventive Legal Protection for Women and Children in Indonesia

Sutriyono Sutriyono (Universitas Nurul Jadid, Indonesia)
A. Halil Thahir (Universitas Islam Negeri Syekh Wasil Kediri, Indonesia)
Ahmad Sarwini (Institut Agama Islam Darul Falah Bondowoso, Indonesia)



Article Info

Publish Date
04 May 2026

Abstract

This study examines marriage registration as a legal protection instrument for women and children through the perspectives of Maqāṣid al-Sharīʿah and Sadd al-Dharīʿah. This study employs normative legal research using statutory, conceptual, and Islamic legal-philosophical approaches. Legal materials were collected through legal document and literature studies involving legislation, court decisions, Islamic legal sources, scholarly literature, and relevant previous studies. The materials were analyzed using normative-qualitative analysis by interpreting and synthesizing legal norms based on Maqāṣid al-Sharīʿah and Sadd al-Dharīʿah. The findings show that marriage registration is not merely an administrative requirement but a preventive legal protection instrument that provides legal certainty and facilitates the fulfillment of women’s and children’s rights. From the Maqāṣid al-Sharīʿah perspective, registration supports the protection of lineage, property, life, and dignity, while Sadd al-Dharīʿah positions registration as a mechanism for preventing potential harms arising from unregistered marriages. The study contributes a normative reconstruction of marriage registration as a maqāṣid-based legal protection instrument, providing a conceptual basis for strengthening marriage registration policies and protecting women and children.

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Journal Info

Abbrev

jsse

Publisher

Subject

Humanities Education Social Sciences

Description

Journal of Social Studies and Education is a peer-reviewed journal that advances social studies and education knowledge through original, high-quality research. It focuses on various themes, including pedagogical innovations, curriculum development, global citizenship, social and emotional learning, ...