PENCATATAN PERKAWINAN SEBAGAI PERLINDUNGAN HUKUM DALAM PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH

Abstract

Procedural rules of marriage in the form of marriage administration have led to a speculation that marriage record is considered as an administrative requirement. The purpose of this study is to show the urgency of a marriage record as a legal protection for those bound by marriage. The type of research used is library research and descriptive analysis on the rules of marriage recording from the perspective of maqāṣid ash- syarī’ah as a methodology approach to the philosophy of Islamic law. Based on the results of the study, it is argued that marriage registration is considered as a new form of ijtihad towards witnessing in a marriage. By registering the marriage civil rights of the parties concerned will be guaranteed and protected. The logical consequence of the development of the developing period is also evidence that determines the validity of marriage. From the perspective of system theory of maqāṣid ash-syarī’ah coined by Audah, the marriage administration shows the embededness of of the principle of opennes and comphrehensiveness in the modern Islamic Law.