Maqasid Forum
Vol. 1 No. 1 (2026): March 2026

Nikah Tidak Tercatat di Nagari Ampang Kuranji Kecamatan Koto Baru Kabupaten Dharmasraya Perspektif Maqasid Syari'ah

Sarlamartiza Sarla (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Elkhairati Elkhairati (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)



Article Info

Publish Date
04 Mar 2026

Abstract

The practice of unregistered marriage remains prevalent in various regions of Indonesia, including Nagari Ampang Kuranji, Koto Baru District, Dharmasraya Regency. This phenomenon occurs because many members of the community prioritize the religious validity of marriage over its legal recognition by the state, leading them to perceive marriage registration as having no effect on the validity of the marriage itself. This study aims to analyze the factors underlying the practice of unregistered marriage in Nagari Ampang Kuranji and to examine it from the perspective of maqāṣid al-sharīʿah. This research employed a qualitative field research approach. Primary data were collected through interviews with individuals involved in unregistered marriages, traditional marriage officiants (penghulu), religious leaders, community leaders, and village government officials. Secondary data were obtained from books, journal articles, official documents, and relevant legislation. Data were collected through observation, interviews, and documentation, and subsequently analyzed using a descriptive-analytical method based on the maqāṣid al-sharīʿah framework. The findings reveal that the practice of unregistered marriage is influenced by several factors, including religious understanding, low legal awareness, deeply rooted social customs, early marriage, pregnancy outside marriage, and the marital status of widows and widowers. From the perspective of maqāṣid al-sharīʿah, this practice fulfills the objectives of ḍarūriyyāt (essential necessities) and ḥājiyyāt (complementary needs) because it seeks to preserve religion, life, intellect, lineage, and property. However, it does not fulfill the objective of taḥsīniyyāt (embellishments), as the absence of marriage registration weakens legal certainty and the protection of family rights. Therefore, marriage registration constitutes an essential element in promoting public welfare (maṣlaḥah) and ensuring legal protection for wives and children.

Copyrights © 2026






Journal Info

Abbrev

maqasidforum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The ...