The Legal Reasoning of Judges Behind Determination of Marriage Itsbat Proposal for Siri Marriage Cases (A Study at the Shariyya Court of Banda Aceh)

Abstract

This study aims to find out what are the judges of the Shariyya (Religious) Court of Banda Aceh rationale behind determination of the itsbat (confirmation of marriage) applications for siri (undocumented) marriage and its legal consequences from this decision. This juridicalempirical research employs two types of data sources: primary and secondary. The information was gathered through direct interviews with the respondents and informants who were selected from purposive sampling. Using qualitative descriptive analysis, it was concluded that the judge's decisions in determining the result of marriage itsbat applications including granting, rejecting, canceling, revoking, or declared inadmissible for the applications. The decision made by the judge has been carefully considered for the sake of maslahah (public benefit) and also examined its formal and material requirements. Therefore, judges have rights to grant proposals of marriage itsbat for siri marriage thus it becomes legal before the law. The applicants can also file a cassation if their applications were rejected and for the applications that were declared void/cancelled can make an attempt to reapply. There are some hopes to the government in regard to this matter: first, the government should make strong and firm laws to oblige the citizen to legalize their marriages based on the state law, second, the government needs to take action against illegal practice of Qadhi (Marriage Judge) and lastly, it is also urged to disseminate the information about the risk and negative effects of siri marriage through a massive campaign to the community.

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