PELAKSANAAN ITSBAT NIKAH DI PENGADILAN AGAMA RENGAT KABUPATEN INDRAGIRI HULU
ABSTRACT: Marriage according
to the Marriage Act aims to establish a happy family and eternal divinity by
the Almighty. Marriage Law Article 2 Clause 1 and 2 state that marriage valid
if doneaccording to the law of each religion and belief and every marriage is
recorded in accordance withthe laws and undangan.Itsbat Nikah stated explicitly
in the Compilation of Islamic Law, published in Article 1 Section 2, which
states that in the case of a marriage that can not be proved by amarriage
certificate can be submitted Ithbat illegitimate Religious Courts. The purpose
of this study to determine the Implementation Ithbat Marriage Religious CourtRengat
Indragiri Hulu and to identify constraints in check Ithbat Marriage Religious
Court RengatIndragiri Hulu. This research method or empirical sociological
research, legal research field that studies oflegal identification. The
research location in the Religious Court Rengat Indragiri Hulu becausemany
Ithbat marriage petition is filed, investigated using population and sample. Results
of research and discussion shows that the implementation of Marriage in theReligious
Ithbat Rengat Indragiri Hulu has not run as it should be because in 2014 many application
for approval of marriage for the sake of the maintenance of the child's birth
certificate,the administration of the pilgrimage and therefore do not have a
marriage certificate. But not allrequests can be granted by a religious court,
it is associated constraints experienced by thereligious court in determining
the legitimacy of a marriage, while these obstacles because thewitness who had
died, the husband and wife earlier would not be present at the hearing and theapplicant
Ithbat Marriage can not prove the legitimate guardians of religion
Islam.PermohonanIthbat marriage that can be submitted to the Court of religion
is the existence of marriage in the context of a divorce settlement, the loss
of a marriage certificate, any doubts about the legitimacy of one of the
conditions of marriage, the marriage that occurred prior to the enactment of Law
No. 1In 1974, a marriage that is done by those who do not have a marriage
impediment under the Act, the Marriage under dlakukan hands after the enactment
of Law No. 1 of 1974 on Marriage.
Penulis: Novrida Fauziyah
Nasution
Kode Jurnal: jphukumdd151144
