Determination of Marriage Certificate (Iṡbat Nikah) at Ponorogo Religious Court According to Maqāṣid Syari’ah Perspective

Abstract

Marriage registration is the most important thing and is legal written evidence of the existence of a marriage. However, most of the people of Ponorogo City still practice underhand marriage. In order to obtain legal evidence against a marriage that has not been officially recorded by the Marriage Registrar at the Office of Religious Affairs, the local community submits an application for marriage registration at the Ponorogo Religious Court. Reasons for filing the certificate of marriage In studies of Islamic jurisprudence, the existence of this marriage certificate can provide benefits to people who are married in an unregistered manner to obtain a marriage certificate and make it easier to process child birth certificates and other critical administrative requirements. This thesis research focuses on determining marriage certificates in the Ponorogo Religious Court with research questions on how the judge considers giving the determination of marriage certificates and how isbat marriage in the perspective of Maqāṣid syari'ah is a form of benefit. This research is qualitative research that uses field research methods by taking a sample of marriage constituencies in the Ponorogo Religious Court. Interviews were also conducted with Judges and Legal Registrars to obtain research information which was then described and analyzed through a juridical- normative approach. From the results of this study it can be seen that the judge's considerations in giving the determination of marriage certificates and marriage certificates in the perspective of Maqāṣid shari'ah as benefit of the local community to obtain a marriage certificate and eliminate the disadvantages of not having proof of a marriage that is legally valid by the state.