Penalaran Istislah Dalam Pencatatan Perkawian

Abstract

The issue of marriage registration for the Muslim community in Indonesia is still an agenda for discussion among the government, academics, scholars and the public about their position in marriage law. If traced in the texts (Al-Qur'an and Sunnah) and in classical references from the views of scholars, marriage records are not found. However, if it is traced from the provisions of the legislation in force in Indonesia, then the registration of the marriage becomes an obligation through the government Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI). This is a separate problem in its application for people who are very strong in holding madzhab fiqhlm. This study tries to discuss it in more depth by offering the theory of istislah reasoning as a knife of analysis, so that it can be seen how far the provisions for registering marriages regulated according to the laws and regulations can be claimed as methodological products of Islamic law.