THE MEANING OF MARRIAGE REGISTRATION BASED ON MAQASHID AL-SYARI’AH

Makmun, Achmad Rodli and Muzakki, M. Harir and Zulkarnain, Zulkarnain and Al Hidaya, Ardian (2022) THE MEANING OF MARRIAGE REGISTRATION BASED ON MAQASHID AL-SYARI’AH. NeuroQuantology, 20 (5). pp. 3562-3573. ISSN 1303-5150

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Abstract

Marriage registration issue has been a long debate whether it determines the legality of a marriage or not. Religious law does not includeitfor the legal condition, while the state law mandate a marriage registration in the Office of Religious Affairs (KUA). This paper belongs to a literature review using data sources from books and articles that discuss marriage registration. The discussion of this paper concludes that the purpose of marriage based on the classical jurisprudence is to legalize sexual relations between men and women. The Marriage Law places a marriage to create a happy and eternal family according to the perspective of Maqashid Al-Syari'ah including the preservation ofdescent, soul, and mind. The registration of marriages can bring benefits to husbands, wives, and children because they will have legal certainty from the State about their rights in family life. The registration of marriages can also avoid harm or loss to the wife and children if the man as husband does not fulfill his responsibilities.

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