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