Ketahanan Keluarga yang Pernikahannya Tidak Tercatat (Studi Kasus)

Abstract

This research is motivated by family life whose marriage is not recorded in the KUA but can be maintained. Whereas legally, every marriage must be registered by the Registrar of Marriages (VAT). This research is a field research that is a case study.  Data collection techniques with observation, interview, documentation and triangulation techniques. The findings of the data are processed by means of interviews and interpretations and the last is the conclusion. This study found that unrecorded marriages can be maintained with normative causes: being devoted to Allah swt, obeying, trusting each other and lowering the ego when there is a problem.  A review of Islamic law on the resilience of families whose marriages are not recorded is that there are some similarities with the family in the era of the Prophet ﷺ the marriage was not recorded because at that time there was no suggestion of writing other than the Qur'an. However, after analyzing with some fiqh rules and ushul fiqh methods, it was produced that to maintain the family, legal remedies are needed, namely formal legality administratively in order to maintain the purposes of syara' (maqashid shari'ah) and to prevent mudharatans arising from unrecorded marriages.