KONSTRUKSI I`LAN AL-NIKAH DALAM FIQH PANCASILA (Telaah Pencatatan Perkawinan Perspektif Sad Al-Dzariah)

Abstract

The law on marital registration has juridical consequences, that marriage registration is a necessity of continuing legal actions in the form of marriage. Munakahat Fiqh does not know the name of marriage registration. The existence of marriage registration legislation creates a gap (dispute / conflict) between the law of fiqh munakahat with statutory regulations. in fiqh there is no registration of marriage. It's just that, for the sake of benefit and to avoid things muá¸arat, then Islam (fiqh) recommends the existence of i'l al-nikâḥ (announcing marriage) which is then manifested in the form of wedding celebrations (walîmah al-shursh). Marriage that is not recorded at the competent authority raises many conditions, so that marriage registration is considered as a preventive measure (prevention) from the government as sadd al-dharî'ah (blocking the road).