International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

The Role of Government in Regulating Marriage Administration System in Indonesia
Dr. Iman Jauhari, S.H., M.Hum

The purpose of this paper is to explain the purpose of rules siyasah syar’iyah; unrecorded marriages and its relation to marriage act; and the role of government in setting administrative order of marriage. The method used is the method of content analysis of the various references relevant to the issue of the role of government in setting administrative order marriage in Indonesia. Registration of marriage is regulated by laws and regulations at the level of application does not get the optimal response of Indonesian Muslims because the formulation of the law on registration of marriage is not found in the classical books of fiqh. Therefore, registration of marriages in an official institution that does not become a determinant term of whether or not a marriage is valid. Marriage is essentially an engagement, which, according to law, every marriage must be recorded with the aim to avoid things that are not desirable. According to positive Islamic law, an unrecorded marriage is not fulfilling the requirements of a marriage, because marriage in Islamis obliged to publish or authentic evidence that can justify one's marriage. Government through Siyasah Syar'iyah approach can set the registration as a condition of validity of a marriage.

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