Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card
This study aims to analyzes the status of unregistered marriages recorded in the Family Card from maqashid syariah point of view. The methods applied in this study is normative legal research by relying on secondary data. The approaches used to analyze research problem are statutory and conceptual a...
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| Format: | Article |
| Language: | English |
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Badan Penelitian dan Pengembangan Hukum dan HAM
2022-09-01
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| Series: | Jurnal Penelitian Hukum De Jure |
| Subjects: | |
| Online Access: | https://ejournal.balitbangham.go.id/index.php/dejure/article/view/3013 |
| _version_ | 1797819980110102528 |
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| author | Nazar Fuadi Nur Azhari Yahya Efendi Idris |
| author_facet | Nazar Fuadi Nur Azhari Yahya Efendi Idris |
| author_sort | Nazar Fuadi Nur |
| collection | DOAJ |
| description | This study aims to analyzes the status of unregistered marriages recorded in the Family Card from maqashid syariah point of view. The methods applied in this study is normative legal research by relying on secondary data. The approaches used to analyze research problem are statutory and conceptual approach. The results of study indicate that according to Islamic law point of view unregistered marriage is a legal marriage. Marriage and marriage registration are two different dimensions. The marriage contract which is pledged based on syariah law results in religious legal relationship; while marriage registration results in legal acknowledgement in the view of national law and may protect the couple from any legal issue that may arise in the future. From the perspective of maqashid syariah, unregistered marriage may cause a lot of harm for the lives of couple and their children. The status of unregistered marriage is hard to be recognized by the Religious Courts because there is no evidence of marriage that may be shown by the couple. Therefore, it is suggested for unregistered marriage couple to conduct isbat nikah (renew of marriage) so that their marriage is recognized and registered by the state through Office of Religious Affairs. |
| first_indexed | 2024-03-13T09:31:49Z |
| format | Article |
| id | doaj.art-d68053ea42e243f180c065088bd077b2 |
| institution | Directory Open Access Journal |
| issn | 1410-5632 2579-8561 |
| language | English |
| last_indexed | 2024-03-13T09:31:49Z |
| publishDate | 2022-09-01 |
| publisher | Badan Penelitian dan Pengembangan Hukum dan HAM |
| record_format | Article |
| series | Jurnal Penelitian Hukum De Jure |
| spelling | doaj.art-d68053ea42e243f180c065088bd077b22023-05-26T01:41:31ZengBadan Penelitian dan Pengembangan Hukum dan HAMJurnal Penelitian Hukum De Jure1410-56322579-85612022-09-0122341142210.30641/dejure.2022.V22.411-422564Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family CardNazar Fuadi Nur0Azhari Yahya1Efendi Idris2Postgraduate Student, Faculty of Law, Syiah Kuala University, Banda Aceh.Dosen Fakultas Hukum Universitas Syiah Kuala Banda AcehFaculty of Law, Syiah Kuala UniversityThis study aims to analyzes the status of unregistered marriages recorded in the Family Card from maqashid syariah point of view. The methods applied in this study is normative legal research by relying on secondary data. The approaches used to analyze research problem are statutory and conceptual approach. The results of study indicate that according to Islamic law point of view unregistered marriage is a legal marriage. Marriage and marriage registration are two different dimensions. The marriage contract which is pledged based on syariah law results in religious legal relationship; while marriage registration results in legal acknowledgement in the view of national law and may protect the couple from any legal issue that may arise in the future. From the perspective of maqashid syariah, unregistered marriage may cause a lot of harm for the lives of couple and their children. The status of unregistered marriage is hard to be recognized by the Religious Courts because there is no evidence of marriage that may be shown by the couple. Therefore, it is suggested for unregistered marriage couple to conduct isbat nikah (renew of marriage) so that their marriage is recognized and registered by the state through Office of Religious Affairs.https://ejournal.balitbangham.go.id/index.php/dejure/article/view/3013maqashid syariahunregistered marriagemarriage registration |
| spellingShingle | Nazar Fuadi Nur Azhari Yahya Efendi Idris Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card Jurnal Penelitian Hukum De Jure maqashid syariah unregistered marriage marriage registration |
| title | Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card |
| title_full | Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card |
| title_fullStr | Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card |
| title_full_unstemmed | Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card |
| title_short | Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card |
| title_sort | maqashid shariah study on the recording of unregistered marriage in the family card |
| topic | maqashid syariah unregistered marriage marriage registration |
| url | https://ejournal.balitbangham.go.id/index.php/dejure/article/view/3013 |
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