PEMBARUAN HUKUM PENCATATAN PERKAWINAN DI INDONESIA PERSPEKTIF MAQASID SHARI'AH
Abstract: The role of marriage
registration (recording) is important particularly in maintaining and
protecting the rights of individuals to prove the marriage implementation.
Registration of marriage, therefore, is governed by various related rules or
regulation. Unfortunately, the registration of marriage is only as a normative
one. Meanwhile, most Muslims do not obey the law of marriages arranged by the
state because the law is ambiguous, having multi interpretations and difficult
to implement. In fact, there are many negative effects emerging from marriage
under the hands such as not getting the marriage certificate, and husband, wife
and their children not being able to perform civil legal action against the
genetic father who has left them. Therefore, marriage under the hand must be
prevented with preventive, curative and anticipative measures. In order to
produce a law that can respond to the changing demands of time, place,
conditions and welfare of the spouses, the maqa>s}id al - shari>ah
approach (the purpose of the law) is eligible to apply . Therefore, the
government should change the law of registration of marriages that are not
relevant to the state of society so that society will feel suitable with the
legal registration of the marriage.
Penulis: Masruhan
Kode Jurnal: jpperadabanislamdd130286
