The Reorientation of Marriage Registration in the Compilation of Islamic Law: Shifting from Administrative Formality to Legal Obligation

The phenomenon of polygamy in Indonesia is still part of the complex socio-religious reality, mainly when polygamy is carried out without official registration, or known as nikah siri. In practice, the unrecorded marriage has a profound impact on the legal protection of children, particularly in terms of inheritance rights. Children born from serial marriages often do not receive legal recognition, so their position as heirs becomes weak or is not recognized at all. This study aims to measure the justice of children's inheritance rights in the context of polygamy through a comparison between children from formal and serial marriages in the perspective of Islamic law. With a normative qualitative approach, this study employs an in-depth literature review method, drawing on Islamic legal sources (the Qur'an, hadith, and fiqh books), national laws and regulations (Law No. 1 of 1974, Compilation of Islamic Law), as well as jurisprudence documents and other relevant scientific literature. The results of the study show that in Islamic fiqh, the principle of justice entitles all children from a valid marriage, whether recorded or not, according to shari'a, to inheritance as long as their fate is clear. However, in Indonesian national law, marriage registration is a mandatory administrative requirement to recognize the validity of the legal relationship between spouses, including in terms of inheritance. Children from a nikah siri do not automatically obtain inheritance rights unless the isbat nikah is determined and the determination of nasab is carried out through the court. This inequality highlights the disparity between the principles of Islamic law and the positivism of national law. This study recommends updating the regulations and approach of maqāṣid al-syarī'ah in family law policy to ensure justice and non-discrimination of children's rights in all forms of marriage.

This study investigates the inheritance rights of wives and children in unregistered (siri) marriages within the community of Silandoyung Village, Silau Kahean District, Simalungun Regency. Using an empirical socio-legal approach, the research combines field interviews with village officials, religious leaders, traditional leaders, and affected families, alongside a normative analysis of Islamic law, the Compilation of Islamic Law (KHI), and Indonesian positive law. The findings reveal that the community acknowledges inheritance rights for wives and children from siri marriages based on religious values and customary norms, despite the absence of state recognition due to the lack of official marriage registration. This discrepancy creates potential inheritance disputes, reflecting a legal tension between religious-customary legitimacy and state law. From the perspective of Islamic law, siri marriages are valid if their pillars are fulfilled, granting wives and children inheritance rights; however, under Indonesian positive law, registration is mandatory for legal recognition. The study concludes that marriage registration is not merely an administrative formality but a crucial mechanism to harmonize state law with local wisdom, thereby ensuring legal protection and justice for women and children in siri marriages.

Siri marriage is a form of marriage that is religiously valid, but not registered at the Office of Religious Affairs (KUA), so it does not have legal force in state administration. One of the main problems caused by siri marriage is the legal status of children born from the marriage. Children born from a siri marriage often have no civil rights against their father, either in terms of inheritance or recording the father's name in the birth certificate. Based on Law Number 1 Year 1974 on Marriage and the Compilation of Islamic Law (KHI), children born from unregistered marriages only have a civil relationship with their mother. This study aims to analyse the legal provisions regarding the determination of the origin of children in a siri marriage and its implications for children's rights. The method used is a normative juridical approach by analysing the applicable regulations in Indonesia. The results show that although siri marriages are legal according to religion, children born from these marriages face limited legal rights. Therefore, isbat nikah is a legal alternative that can provide legal certainty for the status of children.

This study aims to analyze the validity of Unregistered marriages from the perspective of Islamic law and its impact on children's rights, focusing on the decision of the Singaraja Religious Court Number 17/Pdt.P/2024/PA.Sgr. Unregistered marriages, although valid in Islam, are not legally recognized by the state without official registration. This has various legal implications, especially for children's rights. Children from serial marriages often do not get alimony rights, inheritance rights, and official identity recognition. This study uses a normative legal approach with descriptive analysis to explore the phenomenon of Unregistered marriages and its impact on children's rights from the perspective of Islamic law and positive law in Indonesia. The study results show that the court's determination of a child's origin provides a legal and recognized status, allowing access to rights such as education, health, and inheritance. Awareness of married couples and policy support from the government is needed to protect children's rights and ensure better legal certainty.

Marriage registration is often a challenge for marriage registrars at the sub-district level because people often do not understand the laws and regulations related to marriage. One of the obstacles that often arises is the inconsistency of data regarding the status of guardians, even though administratively all requirements have been met during registration. This problem generally occurs when the bride-to-be is an adopted child, where the identity on the birth certificate and ID card includes the surname of the adoptive father. This situation causes difficulties in the recording process, especially related to the determination of the legal guardian as one of the pillars of marriage. If the adoptive father's name is included in the marriage book, this can cause problems later on, such as in terms of inheritance rights and other legal aspects. This research is a library research using a normative approach. There are several problem formulations in this study, including First, how is the perspective of Islamic law on the validity of the adoptive father as a guardian in marriage. Second, what is the juridical perspective regarding the adoptive father as the guardian of the marriage. The method of collecting legal materials used is the collection of library materials, because this method is in accordance with the type of research that has been described earlier. The results of the study show that in the view of Islamic law, nasab describes a strong kinship bond, especially in the relationship of descent between children and parents. The person who has the main right to be the guardian for a woman who is going to marry is the guardian of the nasab line. This is because the nasab relationship is considered the strongest and closest bond, thus providing special rights in terms of guardianship. Meanwhile, Article 6 paragraph (6) of the Law on Marriage and Article 20 paragraph (2) in the Compilation of Islamic Law regarding the position of the marriage guardian show that the adoptive father cannot be the marriage guardian for the Muslim bride. This is because the adoptive father is not included in the category of guardian nasab, because there is no blood relationship with the bride. Therefore, for the adopted children of Muslim women, the right as a guardian falls to the guardian of the judge.

Marriage is a sacred agreement to form a family between a man and a woman, even if it is carried out in a siri or registered marriage. However, there are still many ordinary people who do not understand the risks of children's rights from unregistered marriages. The rights of children from unregistered marriages are often neglected, because unregistered marriages will make the rights of children from unregistered marriages also unregistered, because children resulting from unregistered marriages will be categorized as illegitimate children or can also be said to be illegitimate children, so The position of children resulting from unregistered marriages is equated with children resulting from adultery, thus giving the legal consequence that there is no civil relationship between the biological father and children resulting from unregistered marriages. The aim of this research is to determine the legal aspects and rights of children resulting from unregistered marriages and to find out whether the rights of children resulting from unregistered marriages are the same as the rights of children resulting from legal marriages. This research uses the triangulation method. The types of data used are primary data and secondary data. The primary data used is a previous research journal written by Ari Rianti with the research title Sirri's Marriage and Its Implications for Harmony in the Household in Rejo Basuki Village, Seputih Raman District, Central Lampung Regency. previous research journal written by Maulidyah Permata Hani, et al with the title Siri Marriage in the Perspective of Islamic Law Between Religious Truth and Social Interests. Meanwhile, the secondary data is supported by a research journal written by Nur Rofiq, et al with the research title Siri Marriage and Its Influence on Child Custody Viewed from the Perspective of Religious Courts. The result of this research is that the biological father of the child carries out his obligations as stated in the Constitutional Court Decision Number 46/PUU-VIII/2010, namely fulfilling the right to earn a living, the right to inherit, and the right to receive marital guardianship if the child outside of marriage is a girl.

This research aims to analyze and explain the urgency of registering marriages in the perspective of Indonesian marriage law and Islamic law, as well as the legal consequences of marriages that are not registered according to Indonesian marriage law and Islamic law. This research is a normative legal research or doctrinal legal research (doctrinal approach), namely legal research that uses secondary data sources which are carried out by approaching legal norms or substances, legal principles, legal theory, legal arguments and legal comparisons with data collection techniques, namely through careful observation and tracing of various legal materials, namely tracing primary legal materials, secondary legal materials, and tertiary legal materials. The results of this research show that the urgency of registering the marriage can be seen from various perspectives. Even though there is still ambiguity regarding the provisions for registering marriages in the Marriage Law, the requirement for registration of marriages is intended within the framework of the state's function of providing guarantees of protection and legal certainty. Meanwhile, from the perspective of Islamic law, the registration of marriages has reached a "daruriyah" condition where marriages that are not recorded will cause a lot of loss and harm to the parties in the marriage. So substantially there is no conflict between Indonesian marriage law and Islamic law, both of them are the same in view of the urgency of registering marriages that registration of marriages cannot be separated from the implementation of the marriage itself. Furthermore, marriages that are not registered will have very detrimental consequences for the husband, wife, children, and assets in the marriage which have a negative impact both from a juridical, sociological, and psychological aspect.

Law No. 1 of 1974, as does the Compilation of Islamic Law, concerning marriage mandates the registration of every marriage to obtain legal validity such as a marriage certificate, which later becomes a requirement for making a family card. A family card is obtained if a marriage is registered in accordance with applicable laws and regulations. Siri (i.e., unregistered) marriage previously had various consequences, including children not having birth certificates, not having family cards, and, not being able to obtain their rights as husband and wife in the event of marital disputes. Therefore, marriage must be officially registered in order to obtain all the documents needed to create a family card. This will minimize the prevalence of siri marriage. However, the issuance of Minister of Home Affairs Regulation (PERMENDAGRI) No. 108 of 2019, which adds the status of unregistered marriage and unregistered divorce to the provision of family card, has allowed the registration of a family card without attaching a marriage certificate and accommodated providing family cards for unregistered marriages. On the one hand, having family cards is deemed necessary; yet, on the other hand, it is contrary to Law No. 1 of 1974 on Marriage. From a sociological point of view, it can have a negative impact on the increase of siri marriage as it no longer has any consequence at all. Thus, it is important to review the application of PERMENDAGRI No. 108 of 2019 sociologically from the perspective of Islamic family law using the theory of maslahah (benefit). This empirical study used the descriptive qualitative approach, which took place in Banda Aceh City. The study collected legal materials through document study. Sociologically, many negative effects have occurred on the issuance of family cards from the perspective of Islamic family law as well as the consequences of the implementation of PERMENDAGRI No. 108 of 2019 for women and children.

The development of technology and information in the form of the internet has grown rapidly. Not only for the elderly, but also for young people who use it, the increasingly easy use of the internet has been misused for gambling games. Initially people access online games, then out of curiosity and curiosity, people follow online gambling. Online games as an unreal virtual space make users free to do things that are prohibited in life, both in religious norms and prohibited by law, such as online gambling. Based on this background, the formulation of the problem from this legal counseling is how the criteria for online gambling criminal acts and how to sanction online gambling crimes in the perspective of Islamic law and national law. This legal counseling activity is carried out using lecture and discussion methods. Participants were given motivation and understanding about understanding online gambling in the perspective of Islamic criminal law and national criminal law. In addition, participants were given material on the importance of understanding the criteria for acts of online gambling and the sanctions of online gambling crimes. The objectives of the service to the millennial generation in Banda Aceh City are to: 1). Provide knowledge about the criteria for online gambling crimes and 2). Providing understanding to the millennial generation about online gambling criminal sanctions in the perspective of Islamic Law and National Law. this is also part of capturing problems that occur in society.

The legal protection for the children from unregistered polygamous marriages can be gained through an application for itsbat marriage or marriage ratification to the Religious Court pursuant to Article 7 paragraph (2) of the Compilation of Islamic Laws. The application is submitted to the Religious Court. By the decree stipulated by the court, the children from the unregistered polygamous marriages will gain legal status as legitimate children. The inheritance right status of the children according to the Compilation of Islamic Laws is granted only to children who have nasab relationship or blood relation with the mother and mother’s family, pursuant to Article 100 of the Compilation of Islamic Laws. The Verdict of the Supreme Court Number 46/PUU-VIII/2010 is resulted from a judicial review to Article 43 of Marriage Act stating that the children from unregistered marriages also obtain the similar inheritance right status as the children from a registered one. The legal consideration of the judge in the Verdict of the Supreme Court Number 671 K/Ag/2015, according to the legal certainty stipulated in the laws, is already right, since it is in line with the provisions in Article 2 paragraph (1) and (2), Article 42 and Article 43 of the Marriage Act due to the absence of the marriage certificate that can prove when the marriages took place. However, the verdict has not fulfilled the justice value of inheritance right of children from the unregistered polygamous marriage

Law is used as a guide and protector for every human being who lives in society, there are several kinds of applicable law in Indonesia, namely Indonesian national law and Islamic law. Amid the development of increasingly sophisticated digital technology, digital investment methods in the form of Binary Options have emerged which cause problems in people's lives. Then this research was conducted to determine the position of Binary Options in the perspective of national law and Islamic law so that the public knows and understands the legal basis for investing in the form of Binary Options. The writing of this journal uses normative juridical research methods. The results of the analytical study were obtained that in national law Binary Options as an illegal act which is part of an unlawful act, one of which is the result of not getting permission from the OJK (Financial Services Authority) so that it can be sentenced to criminal sanctions, while in the perspective of the Islamic law that Binary Options Judging from the way the game is played, it can be said that gambling is more precisely modern gambling, where gambling itself in Islam is strictly prohibited based on the verses of the Qur'an

This research aims to describe the study of Islamic legal philosophy regarding unregistered marriages, with the problem of how to carry out unregistered marriages, the factors that influence them, and how Siri marriages are according to the review of Islamic legal philosophy, to describe the implementation of unregistered marriages and the factors that influence them, as well as analysis of Islamic legal philosophy on the implementation of unregistered marriage laws. This research is library research with sources from literature that talk about unregistered marriages and Islamic legal philosophy. Research shows that the factors that influence unregistered marriages are religious factors, not having the approval of parents, economics, muamalat, infidelity, and polygamy. From a juridical perspective, a review of Islamic philosophy states that the legality of a marriage is as stated in Article 2 paragraph (2) of Law No. 1 of 1974 concerning marriage, that every marriage is registered according to the applicable laws and regulations. In the compilation of Islamic Law, article 5 paragraph 10 also requires that every marriage that takes place be recorded to ensure marital order for the community. Based on the study of ushul fiqh, registration of marriages or marriages, apart from guaranteeing legal certainty for husband and wife couples, it is also necessary to pay attention to the Maqashidu Syari'ah aspect (purpose of law) in Islam, namely that marriages or marriages that are not registered will cause a lot of harm or harm to husband and wife couples. the results of the marriage as well as for parties related to the marriage.

The inheritance rights of children from unregistered marriages is an important aspect of the Compilation of Islamic Law. Although legal marriages should be registered, there are many cases where unregistered marriages can have legal consequences, especially regarding the inheritance rights of children. This research aims to explore the understanding of the inheritance rights of children from unregistered marriages in accordance with the provisions in the Compilation of Islamic Law. This research uses a qualitative research method with a normative juridical approach that is carried out based on legislation which in this case includes kuhperdata, Law No. 1 of 1974. Data is obtained from sources of Law, Civil Code and journals. Data analysis is carried out to filter the data obtained and collected according to its type and finally draw conclusions from the findings obtained. The results showed that, the inheritance status of children from irri marriage according to the Marriage Law can only be obtained from the mother and her mother's family, but after the decision of the Constitutional Court, extra-marital children can get inheritance rights from their father if it can be proven legally and clearly that he has a blood relationship with his biological father. Meanwhile, the inheritance rights of irri marriage according to the Compilation of Islamic Law remain in accordance with their position which states that they only have a nasab relationship and inheritance relationship with their mother and their mother's family but not with their father. Parents can apply for itsbat, the determination of isbat nikah is the emergence of inheritance that gets legal protection because of the kinship or nasab relationship between the person who inherits and the person who inherits caused by birth. So children born in marriage are entitled to inheritance from their parents. If there is a rejection of itsbat nikah, the status of the child from the siri marriage does not have legal force. So children from irri marriages are not entitled to receive inheritance from their father.

One of the impacts of unregistered marriage lies in the status of children. Children of unregistered marriages according to Indonesian positive law have the same status as illegitimate children, where illegitimate children only have a civil relationship with their mother, and in the birth certificate they are only listed in the mother's name. In fact, later it will be difficult for the child to be in the position of heir when he demands what is his right, apart from that he has no right to a living, education and inheritance from his father. The title of this research is Consistency of the Compilation of Islamic Law with Law Number 1 of 1974 Article 43 Concerning the Inheritance Rights of Children of Siri Marriages. Problem formulation: How are the inheritance rights of children from unregistered marriages regulated based on the compilation of Islamic law? What is the consistency of Law Number 1 of 1974 Article 43 with the Compilation of Islamic Law regarding the inheritance rights of children of unregistered marriages? The research was conducted using a normative juridical approach. The data used is primary, secondary and tertiary data. Data analysis was carried out qualitatively and based on the results of the analysis, conclusions were then drawn using a deductive approach. The conclusion of this research is that the Marriage Law and the Compilation of Islamic Law have similarities regarding the legal position of children in unregistered marriages. Based on these provisions, children of unregistered marriages do not fulfill the elements of being legitimate children according to Article 42 of the Marriage Law because in order to fulfill the elements of a valid marriage according to the Marriage Law, it must be officially registered. So it can be concluded that children of unregistered marriages based on the Marriage Law and KHI are children outside of marriage. So the legal consequences according to both are the same, namely that children of unregistered marriages do not have inheritance rights from their father because they are considered to only have a civil relationship with their mother.

This study discusses legal issues related to the status of children born from marriage that are not recorded at the Office of Religious Affairs (KUA) as described in case Number 15/Pdt.P/2024/PA. Sdn in the Religious Court. This problem can be seen in the gap between the legality of religious marriage and the administrative legality of the state, which has an impact on the ambiguity of the nasab and the protection of children's civil rights. The rights of children that should be guaranteed by the state such as the right to name and identity, the right to obtain a birth certificate, the right to support from the father, the right to inherit, and the right to guardianship are not optimally protected. This study aims to find out the legal considerations of the panel of judges in determining the origin of children in the case and analyze the views of Islamic law regarding the status of children due to unrecorded marriages. This study uses a qualitative method with a normative juridical approach and field research, with primary data sources in the form of copies of court documents and interviews with judges, as well as secondary data from Islamic legal literature and laws and regulations. The results of the study showed that the judge considered evidence such as DNA test results, identity documents, and witness statements as the basis for determining the child to be a legitimate child, based on Article 43 paragraph (1) of Law No. 1 of 1974 and Constitutional Court Decision No. 46/PUU-VIII/2010. In the perspective of Islamic law, the child still has a nasab to his father because the marriage is religiously valid, and in his consideration, the judge is in line with the values of sharia maqashid, especially hifz al-nasl (protection of offspring), hifz al-nafs (protection of life), hifz al-'ird (protection of honor), hifz al-mal (protection of property) and hifz al-din (protection of religion). This research recommendation emphasizes the importance of marriage registration in KUA as a form of legal protection for children's rights and efforts to realize legal certainty for families.