Marriage Registration Obligation Policy (From Fiqh Munakahat to Marriage Law)

Abstract

Getting married is one of the most critical moments in life, and everyone would agree to remember, document, and immortalize it. This article analyzes the legal changes in the registration of marriages, from the origin of the legal status and obligations in Islamic fiqh to the current obligations after the enactment of the Law of the Republic of Indonesia Number 1 of 1974 concerning marriage and the Compilation of Islamic Law (KHI), using maqasid al- sharia as a theoretical framework. This study uses a qualitative research method of literature study; all data collected is then analyzed descriptively. The study results explain that the provisions on the obligation to register marriages are not found in Islamic fiqh because there are no explicit verses in both the Qur'an and Hadith that explain it. However, along with the developments and demands of the times, the increasing complexity of the problems that develop in society as a result of marriage for both the woman, her family, and her offspring, using the maqosid al-shari'ah rule of registering marriages is felt to be very important, namely by documenting it in an official certificate known as a marriage book. Due to the consideration of the nature and similarities of laws and fiqh, which will continue to change with adjustments to situations and conditions. Therefore, this article contributes to adding insight into religionfor people in Indonesia.