Urgensitas Sanksi Nikah Siri Perspektif Istihsan Dan Maslahat

Abstract

Marriage is a provision of Allah SWT which is general and applies to all His creatures. In accordance with human nature, humans cannot live alone because they are classified as social beings who have dependence and need each other. In article 2 of Law Number 16 of 2019 concerning Marriage and article 5 of the Compilation of Islamic Law, it is outlined that every marriage must be recorded by a Marriage Registrar, but there are still people who do unregistered marriages or do not register their marriages, so there needs to be firmness about sanctions for marriage offenders. series. This study applies the method of taking istihsan law and benefit to the sanction of sirri marriage. This type of research includes qualitative juridical. Data collection techniques were carried out through library research and exploration of primary-secondary data which were then analyzed. There needs to be strict sanctions for the perpetrators of a series of unregistered marriages, because unregistered marriages cause bad legal consequences, such as the occurrence of criminality in the household, the loss of a husband's responsibility, even running away from responsibilities so that it has a negative impact on his wife and children. With strict sanctions, the community will register their marriage in an authorized institution that has been established by the government so that a family is created that has legal certainty and is in accordance with the purpose of marriage, namely the formation of a happy and eternal family or household based on God Almighty.