Indonesian Islamic Law and Unregistered Marriage: A Contemporary ʿAṭiyyah's Maqāṣid al-Sharīʿah Approach

Abstract

This paper examines unregistered marriages that cause harm to women and children, analyzed through Jamāl al-Dīn ʿAṭiyyah's Maqāṣid al-sharīʿah framework. Using qualitative library research with conceptual, legislative, and case approaches, this study reveals that unregistered marriages, while valid under Islamic law when meeting marriage pillars requirements, remain legally incomplete without registration. The lack of legal recognition creates significant negative impacts, violating Marriage Law No. 1 of 1974, Article 2 paragraph (2), and the Compilation of Islamic Law Articles 4 and 5 paragraph (1). ʿAṭiyyah's maqāṣid al-sharīʿah emphasizes seven marriage aspects: regulating male-female relationships, maintaining human continuity, realizing sakinah mawaddah wa rahmah, preserving lineage clarity, upholding religion in family life, maintaining family foundations, and regulating family economics. Although marriage registration is not explicitly mentioned in ʿAṭiyyah's concept, registration strengthens family bonds and supports sakinah family realization. This paper's key finding demonstrates that Indonesian Ulama Council regulations and fatwas have fostered the Indonesian school of jurisprudence (fiqh), which emphasizes both qaulī (textual) and manhajī (methodological) approaches. This Indonesian jurisprudential school serves as an alternative solution bridging religious texts and dynamic social realities, addressing the gap between Islamic principles and contemporary legal requirements for marriage registration