The Marriage Law Reconstruction in Classic Fiqh Perspective (A Case of Unregistered Marriage in Indonesia)

    Mashudi ,Zumrodi

    Abstract

    This research aims to analyze the construction of unregistered marriage from the perspective of classical Fiqh in Indonesia at this time, the negative impact of unregistered marriage, the reconstruction of the law of unregistered marriage in the perspective of classical Fiqh, and the factors triggering the practice of unregistered marriage. This study is categorized as a descriptive analytical study with normative juridical approaches and positivist logical concepts. The paradigm of constructivism is applied according to the conceptual category of the mind. The source of research data is material law. Data collection uses documentation methods with primary data in the form of legislation that applies following the subject matter and secondary data in the form of literature books, documents, and articles. Presentation of data is in the form of systematic description according to the flow of discussion. Data analysis uses qualitative analysis methods, understanding, compiling data, and drawing conclusions. The results of the study note that the reconstruction of classical fiqh into contemporary fiqh, specifically in the field of marriage, is to add the registration of marriage to the marriage pillar. The implications of the study include the theoretical implications that unregistered marriage has a negative impact, then marriages that are legal according to religion or the state must be recorded, if not recorded then including violations of the law, which is punishable by fines. The practical implication is that all marriages must be registered at the KUA, if the marriages are not recorded then law enforcement is carried out to the court, then the court can provide the threat of fines as criminal acts.

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