Determination of Marriage Certificate (Iṡbat Nikah) at Ponorogo Religious Court According to Maqāṣid Syari’ah Perspective
Abstract
Marriage registration is the most important thing and is legal written evidence
of the existence of a marriage. However, most of the people of Ponorogo City still
practice underhand marriage. In order to obtain legal evidence against a marriage that
has not been officially recorded by the Marriage Registrar at the Office of Religious
Affairs, the local community submits an application for marriage registration at the
Ponorogo Religious Court. Reasons for filing the certificate of marriage In studies of
Islamic jurisprudence, the existence of this marriage certificate can provide benefits to
people who are married in an unregistered manner to obtain a marriage certificate and
make it easier to process child birth certificates and other critical administrative
requirements. This thesis research focuses on determining marriage certificates in the
Ponorogo Religious Court with research questions on how the judge considers giving
the determination of marriage certificates and how isbat marriage in the perspective of
Maqāṣid syari'ah is a form of benefit. This research is qualitative research that uses
field research methods by taking a sample of marriage constituencies in the Ponorogo
Religious Court. Interviews were also conducted with Judges and Legal Registrars to
obtain research information which was then described and analyzed through a juridical-
normative approach. From the results of this study it can be seen that the judge's
considerations in giving the determination of marriage certificates and marriage
certificates in the perspective of Maqāṣid shari'ah as benefit of the local community to
obtain a marriage certificate and eliminate the disadvantages of not having proof of a
marriage that is legally valid by the state.
Collections
- Islamic Law [663]