Year: 2026
Type: article
Abstract: This research stems from the contradiction between the concept of mitsāqan ghalīẓan as a strong marital bond and the widespread practice of unregistered marriage (nikah di bawah tangan), which potentially neglects the protection of the civil rights of husbands, wives, and children. This study aims to analyze the authenticity of munakahat (marriage) hadiths through takhrij al-hadis and examine their implementation from the perspective of contemporary jurisprudence (fiqh) based on the empirical reality of unregistered marriage practices. This study employs a qualitative method with a normative-empirical approach, combining library research and field research through interviews and observations. Normative data were obtained from hadiths in the Kutub al-Tis'ah, classical and contemporary fiqh books, and legal regulations. Meanwhile, empirical data were gathered from the Head of the KUA (Religious Affairs Office), religious counselors, community leaders, religious figures, village imams, and perpetrators of unregistered marriage in Suro Makmur District, Aceh Singkil Regency. The results show that the hadiths regarding the guardian (wali), witnesses, and the public announcement (i'lan) of marriage are categorized as ṣaḥīḥ li ghairihi or ḥasan li ghairihi, thereby emphasizing the importance of openness in the marriage contract. Field findings indicate that unregistered marriages are generally influenced by underage marriage, administrative obstacles, economic factors, and family social issues. Furthermore, differing views between KUA officials and religious figures highlight a gap between the validity of classical jurisprudence and the need for modern legal protection. This study concludes that marriage registration is an implementation of maṣlaḥah mursalah and aligns with the objectives of maqāṣid al-syarī‘ah in safeguarding religion, lineage, honor, and family civil rights; thus, the practice of unregistered marriage is no longer relevant to be maintained within the context of a modern constitutional state.
Source: Jurnal Ilmiah Al-Mu ashirah
Authors: Ibnu Shaleh, Hayati, Anwar Daud, Nufiar, Rahimah Embong
Language: Indonesian
Topic: Marriage and Family Dynamics
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $26
OpenAlex ID: W7171926946
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