Marriage Unregisterred After Decision Constitutional Court and Population Administration Policies: Ulama Perspectives, Implications and Solutions

Marriage Unregisterred are a long-standing problem that has never been resolved, especially after the arrival of decision number 46 /PUU-VIII/2010 and the policy of the Population and Civil Registration Service regarding registration of marriages for couples who have not officially married and registered at the Office of Affairs. Religion, this also causes disharmony regarding the opinions of ulama, such as the fatwa of the Indonesian Ulema Council, and Muhammadiyah which opposes the process of unregistered marriages by declaring the marriage annulled, while Nahdatul Ulama, on the other hand, states that the provisions on registration of marriages cannot annul or not validate a marriage because it is not harmonious. and conditions of marriage, from the results of the research analysis it can be illustrated that in the context of a legal state, marriage registration is a benefit and deviation from it is a harm, therefore it is necessary to have registration as a form of protection of the status and rights of someone in the marriage, by Therefore, in this case, it is necessary to strengthen solutions related to prevention and protection for someone who has married unregistered, namely by having a marriage isbat institution and comprehensive outreach regarding the impact of unregistered marriages so as to make people legally aware of the importance of registering their marriages.

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Publication Details

Journal
QONUN Jurnal Hukum Islam dan Perundang-undangan
Published
2024-12-30
DOI
https://doi.org/10.21093/qj.v8i2.8281
Primary Topic
Gender, Labor, and Family Dynamics
Type
article
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article

Marriage Unregisterred After Decision Constitutional Court and Population Administration Policies: Ulama Perspectives, Implications and Solutions

Alfajar Nugraha, Zahidah Alvi Qonita, Awalluddin Awalluddin
QONUN Jurnal Hukum Islam dan Perundang-undangan
Gender, Labor, and Family Dynamics
article

Marriage Unregisterred After Decision Constitutional Court and Population Administration Policies: Ulama Perspectives, Implications and Solutions

Alfajar Nugraha, Zahidah Alvi Qonita, Awalluddin Awalluddin
article en

Abstract

Marriage Unregisterred are a long-standing problem that has never been resolved, especially after the arrival of decision number 46 /PUU-VIII/2010 and the policy of the Population and Civil Registration Service regarding registration of marriages for couples who have not officially married and registered at the Office of Affairs. Religion, this also causes disharmony regarding the opinions of ulama, such as the fatwa of the Indonesian Ulema Council, and Muhammadiyah which opposes the process of unregistered marriages by declaring the marriage annulled, while Nahdatul Ulama, on the other hand, states that the provisions on registration of marriages cannot annul or not validate a marriage because it is not harmonious. and conditions of marriage, from the results of the research analysis it can be illustrated that in the context of a legal state, marriage registration is a benefit and deviation from it is a harm, therefore it is necessary to have registration as a form of protection of the status and rights of someone in the marriage, by Therefore, in this case, it is necessary to strengthen solutions related to prevention and protection for someone who has married unregistered, namely by having a marriage isbat institution and comprehensive outreach regarding the impact of unregistered marriages so as to make people legally aware of the importance of registering their marriages.

QONUN Jurnal Hukum Islam dan Perundang-undanganVol. 8(2)
Islamic University of Indonesia (ID), Universitas Islam Negeri Sultan Syarif Kasim Riau (ID), Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 60%
Gender, Labor, and Family Dynamics
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