LEGAL ANALYSIS OF UNREGISTERED MARRIAGE VIEWED FROM ULAMA’S PERSPECTIVE IN ACEH PROVINCE

Abstract

The purpose of this study is to scrutinize the legal analysis of unregistered marriage, to identify the factors that cause unregistered marriages, and to analyze the views of ulama about unregistered marriage in Aceh. The method used in this research is an empirical juridical method with a qualitative approach. This research was conducted in Aceh and data collection was carried out by means of field research supported by library research. The results show that marriage registration has been regulated in the Marriage Law and in the Islamic Compilation Law as well as a set of implementing regulations in the field of marriage registration. The factors that cause unregistered marriage in Aceh among others are economic factors, illegal pregnancy, lack of understanding and awareness about marriage law, prolonged affairs, not having a guardian, avoiding administrative procedures, and avoiding adultery. The Acehnese Ulama say that generally, they accept marriage registration because it has benefits for the family such as registration of children's birth certificates, and family cards as administrative requirements in other legal acts. However, they refuse to register the marriage if it is related to other provisions such as the age of marriage, polygamy permits, and disputes involving the family.