A LEGAL ANALYSIS OF UNREGISTERED MARRIAGES FROM ULAMAS’ PERSPECTIVES IN ACEH PROVINCE

Abstract

This study aims to scrutinize the legal analysis of unregistered marriages, identify the factors that cause unregistered marriages, and analyze the views of ulama surrounding unregistered marriages in Aceh. The method used in this research is an empirical juridical method with a qualitative approach. This research was conducted in Aceh and data collection was carried out through field research supported by library research. The results show that marriage registration has been regulated by the Marriage Law and the Islamic Compilation Law alongside a set of implemented regulations in the field of marriage registration. The factors that cause unregistered marriage in Aceh, among others, are economic factors, unintended pregnancy, lack of understanding and awareness about marriage law, prolonged affairs, not having a guardian, avoiding administrative procedures, and avoiding adultery. The Acehnese Ulama says that generally, they accept marriage registration because it has benefits for the family such as registration of children’s birth certificates and family cards, which are used as administrative requirements under Indonesian law. However, they refuse to register the marriage if it is related to other provisions such as the age of marriage, polygamy permits, and disputes involving the family.