Azhiim, Muhammad (2026) Analisis Maqashid Syariah Penetapan Isbat Nikah Putusan Nomor 0447/Pdt.P/2024/Pa.Bks Terhadap Perkawinan Tidak Tercatat Di Kota Bekasi. Sarjana (S1) thesis, Universitas Muhammadiyah Indonesia.
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Abstract
This study analyses the validation of an unregistered marriage in the Decision of the Bekasi Religious Court No. 0447/Pdt.P/2024/PA.Bks from the perspective of the maqashid al-sharia. The novelty of this study lies in the use of the maqashid al-sharia to examine the judge’s considerations in granting the isbat nikah, particularly in relation to achieving public interest and preventing harm to the family. This study employs a literature review using a qualitative approach. The case originated from the marriage of Petitioner I and Petitioner II, which took place on 2 February 2007 in accordance with Islamic law; however, it was not registered at the Office of Religious Affairs, meaning they did not possess a marriage certificate, which led to administrative difficulties for the family. The Panel of Judges considered that the marriage had fulfilled the essential elements and conditions of marriage, whilst also taking into account legal certainty and the protection of the rights of the husband, wife and children. Based on these considerations, the judge granted the application for marriage validation and ordered the applicants to register their marriage at the East Bekasi Office of Religious Affairs. The maqashid al-sharia were applied because Islamic law aims to realise public interest and prevent harm. This ruling falls under the category of dharuriyah, applying the principles of hifz ad-din, hifz an-nafs, hifz an-nasl and hifz al-mal. Hifz an-nasl is the most dominant aspect as it relates to the protection of the family, clarity of status and the rights of children. Marriage validation provides benefits in the form of legal certainty and protection, whilst preventing harm in the form of uncertainty regarding marital status, civil rights, and family administration. The research data is sourced from Ruling No. 0447/Pdt.P/2024/PA.Bks as primary data, as well as legislation, books, journals, and Islamic legal sources as secondary data. The analysis was conducted by examining the facts of the trial, the judge’s legal reasoning, and the ruling’s operative part to assess their alignment with the objectives of Islamic law. Consequently, the judge’s ruling was deemed to be in harmony with the maqashid of Islamic law
| Item Type: | Thesis (TA, Skripsi, Tesis, Disertasi) (Sarjana (S1)) |
|---|---|
| Contributors/Dosen Pembimbing,NIDN Dosen bisa diakses di LINK https://bit.ly/NIDNdosenunismabekasi: | Contribution Contributors / Dosen Pembimbing NIDN UNSPECIFIED Supriyanto, Agus 0407086205 |
| Keywords / Kata Kunci: | maqashid syariah, isbat nikah, perkawinan tidak tercatat, pertimbangan hakim, kemaslahatan. |
| Subjects: | Hukum Islam Hukum Perdata |
| Faculty: | Fakultas Agama Islam > Al Akhwal Al Syakhsiyah S1 |
| Depositing User: | Mr. Muhammad Azhiim |
| Date Deposited: | 19 Aug 2026 07:38 |
| Last Modified: | 19 Aug 2026 07:38 |
| URI: | http://repository.umindonesia.ac.id/id/eprint/10697 |
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