PROBLEMATIKA NIKAH SIRI (Analisis Urgensi Pencatatan Perkawinan Persfektif Ushul Fiqh)

Abstract

Marriage is one of the human needs in meeting biological needs. Marriage has been regulated in Islamic law as well as state laws and regulations. Efforts to control government marriages require its implementation with material conditions and administrative requirements. The material requirements were agreed upon by all parties, both legal experts and the government, but the administrative requirements (in the registration of marriages) became the subject of study by legal experts. Unregistered marriage in the juridical sense in Indonesia is a marriage that is carried out according to syar'i (fiqh context), but is not registered at the Office of Religious Affairs. Therefore, what distinguishes between unregistered and unregistered marriages is the Marriage Certificate as proof of the existence of a marriage. Factors behind the occurrence of unregistered marriages include economic factors; factor of not being old enough; official/work or school bonding factor; the factor is that there is an assumption that unregistered marriage is legal according to religion; the factor of getting pregnant out of wedlock; factor of lack of understanding and awareness of the community about marriage registration; social factors; the difficulty factor of polygamy rules; and the factor of the absence of firm action for the perpetrators of unregistered marriage. And the consequences arising from unregistered marriage will cause losses to the wife and children because they do not have authentic proof of their marriage, so based on the maqashid sharia approach, 'urf, maslahah mursalah and also zadd az-dzari'ah it can be said that the registration of marriage is one very important thing. Because marriages that are not registered will certainly cause harm in the future against the rights of wives and children.