Layanan Nikah Tidak Tercatat di Gorontalo: Explorasi dan Rekonstruksi

Abstract

This article aims to explore unmarried marriage services in Gorontalo. The study uses qualitative methods with a descriptive approach. The results of the study show that: (1) the widespread practice of marriage is not recorded in Gorontalo due to the availability of unregistered marriage services that are easy to access and not clandestine; (2) as for services not recorded easily and extensively in the background of several factors, namely; economics, culture, law, education, social, etc., this phenomenon leaves one problem that must be solved, namely the need to reconstruct a non-simplistic understanding of marriage. (3) Marriage must be returned to the essence of Islamic law. An epistemological problem that leaves a simplistic view of marriage must be reconstructed, so that there is no longer a view that Islamic marriage is merely a contract to legalize husband and wife relations that are more biologically nuanced. Support and awareness of all elements of the community are needed to further realize the sacred values of maqashid al-sharia. AbstrakArtikel ini bertujuan mengeksplorasi layanan nikah tidak tercatat di Gorontalo. Kajian menggunakan metode kualitatif dengan pendekatan deskriptif. Hasil penelitian menunjukkan bahwa: (1) maraknya praktik nikah tidak tercatat di Gorontalo disebabkan karena tersedianya

Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage)

“…What is revealed from cases involving civil servants and even officials, generally boils down to one cause, namely the desire to remarry, while state regulations limit it and due to pressure from circumstances forcing the couples to choose to solve their problems in ways that are considered easy. 22 In addition, the phenomenon of unregistered marriages carried out by residents of "Sumber Baru" Hamlet who are still students at the Al-Qusyairy Islamic Boarding School, the perpetrators of this serial marriage are teenage girls and the age range is 18-21 years and 21-23 years for boys. It's just for the husband who in this case is still a santri and does not have a proper job to support his wife, because they are still studying or teaching at the Islamic boarding school.…”

Reproduction of Unregistered Polygamous: Unregistered Marriage Services and Marriage Simplication

“…The marriage process involves both theological and administrative aspects of legality and state recognition. 14 Marriage registration, as required by established laws, ensures legal certainty and protects the rights of the parties involved, as well as proper population administration. The government provides a marriage registration service, with the Religious Affairs Office (KUA) serving as the official institution for facilitating the process for Muslim citizen.…”

“…The reasons for this include a scarcity of information and understanding regarding the significance of proper administration, as well as the parties' inability to meet the necessary administrative requirements for getting married. 17 Furthermore, providers of unregistered marriage services tend to use morality as a factor or reason to justify their services 18 . According to Aljarofi, unregistered marriage services are performed due to a lack of knowledge about the applicable procedures.…”