SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY

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 implem...

Full description

Saved in:
Bibliographic Details
Main Author: Suryani Suryani
Format: Article
Language:English
Published: Sekolah Tinggi Ilmu Hukum IBLAM 2022-05-01
Series:IBLAM Law Review
Subjects:
Online Access:https://ejurnal.iblam.ac.id/IRL/index.php/ILR/article/view/197
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1850165211456077824
author Suryani Suryani
author_facet Suryani Suryani
author_sort Suryani Suryani
collection DOAJ
description 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.  
format Article
id doaj-art-7a879b8c16d84cbabc3e978d99c47a2d
institution OA Journals
issn 2775-4146
2775-3174
language English
publishDate 2022-05-01
publisher Sekolah Tinggi Ilmu Hukum IBLAM
record_format Article
series IBLAM Law Review
spelling doaj-art-7a879b8c16d84cbabc3e978d99c47a2d2025-08-20T02:21:47ZengSekolah Tinggi Ilmu Hukum IBLAMIBLAM Law Review2775-41462775-31742022-05-012210.52249/ilr.v2i2.197SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHYSuryani Suryani0Universitas Islam Negeri Fatmawati Sukarno Bengkulu 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.   https://ejurnal.iblam.ac.id/IRL/index.php/ILR/article/view/197Islamic LawPerspectivePhilosophySirri Marriage
spellingShingle Suryani Suryani
SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY
IBLAM Law Review
Islamic Law
Perspective
Philosophy
Sirri Marriage
title SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY
title_full SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY
title_fullStr SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY
title_full_unstemmed SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY
title_short SIRRI MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY
title_sort sirri marriage from the perspective of islamic legal philosophy
topic Islamic Law
Perspective
Philosophy
Sirri Marriage
url https://ejurnal.iblam.ac.id/IRL/index.php/ILR/article/view/197
work_keys_str_mv AT suryanisuryani sirrimarriagefromtheperspectiveofislamiclegalphilosophy