<![CDATA[Marriage is ideally situated within the domains of family, civil, and administrative law, with religious validity recognized by the state and registration serving as an instrument of legal certainty and protection. However, the enactment of Law No. 1 of 2023 on the Criminal Code expands criminal law intervention into marital relations through Article 411 concerning sexual intercourse outside marriage and Article 412 concerning cohabitation as husband and wife outside a valid marriage. This study aims to analyze the shifting of marriage norms from civil and administrative mechanisms toward potential criminal consequences and examine it from the perspective of Islamic family law and maqāṣid al-sharī‘ah. This normative legal study employs statutory, conceptual, and case approaches, supported by interpretive analysis and legal synchronization. The findings indicate that criminalization must be constrained by the principles of ultimum remedium, subsidiarity, the harm principle, and proportionality. The study contributes an integrative framework combining modern criminalization theory and maqāṣid al-sharī‘ah through parameters of substantive harm, insufficie]]>
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