Marriage Registration As a Form Of Maṣlaḥah Mursalah
DOI:
https://doi.org/10.30651/mqs.v12i2.20242Kata Kunci:
Marriage Registration, Maslahah Murlah.Abstrak
This article examines the issue of registration of marriages categorized as a new phenomenon because in its history during the time of the Prophet there had never been registration and bookkeeping of marriages, divorces and reconciliation. This paper tries to explore more deeply about the registration of marriages within the maslahah mursalah frame. The research method is qualitative in the form of literature review, using a normative-philosophical approach. The focus of the research is Law Number 1 of 1974, Government Regulation Number 9 of 1975 concerning the Implementation of Marriage Laws and Maslahah Mursalah. The author's finding is that the registration of marriages is in line with the provisions of syara', namely creating benefits and preventing harm. The first dharuriy need is benefit in maintaining religion. Marriage registration is seen as protecting and maintaining the benefit of religion. Second, benefits in protecting and preserving the soul. This can be seen from the calmer psychological condition of the wife and children. Third, the benefits of maintaining reason. Fourth, maintain offspring. Fifth, maintain property. By recording a marriage, the identity of the child born has clarity, so that when the parents die, the child will get their inheritance rights, so that the assets from the marriage can be maintained.
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