Kewajiban Pencatatan Nikah dalam Tinjauan Qiyas dan Kepastian Hukum

Abstract

Abstract: Apparently, quite a lot of marriage actors do not register their marriages. In fact, the provisions for registration of marriages have been regulated in Article 2 of Law No. 1/1974, paragraph 2 which expressly states that every marriage is recorded according to the applicable laws and regulations. From this it can be understood that marriage registration is an integral part that determines the validity of a marriage. More detailed rules regarding marriage registration are regulated in Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. The reality is that many Indonesian citizens do not register their marriage with the Marriage Registrar (PPN). Marriages that are carried out are usually only assumed to have fulfilled the demands of their religion, even though they did not meet the demands of the state administration. One of the reasons is because of the indecisiveness of the marriage registration law. This is often corroborated by religious leaders' fatwas supporting unregistered marriages. This paper reinforces the law of marriage registration from the point of view of the Shari'a and the legislation in force in Indonesia. Based on qiyās, then the legal registration of marriage is obligatory as it is recorded in accounts payable (Q.S. Al-Baqarah: 282). From the laws in force in Indonesia, it takes courage to get out of the dichotomy of interpretation of Article 2 of Law No.1 of 1974 by using six juridical arguments as a reference.  Religious experts, morally, must also support the registration of marriages. In addition, it is necessary to come up with new regulations to improve Law No. 1 of 1974, which has been in force for 48 years in Indonesia. The draft Law on Material Law for Religious Courts is a hope for a more integral and perfect marriage law in Indonesia.