Marsela, Marsela (2023) Pelaksanaan Pernikahan Sirri Didesa Semunai Kec Pinggir Kab Bengkalis Ditinjau Menurut Hukum Islam. Other thesis, Fakultas Hukum.

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Abstract

Marriages conducted in sirri/underhand marriage are not always illegal marriages, both from the aspect of Islamic law and from the aspect of positive law. opinion which says that every marriage that meets the requirements and pillars of marriage as regulated in Islamic law can be agreed upon, then the marriage is valid both according to Islamic law and according to positive law. - The law that applies specifically regarding the registration of marriages which is regulated in Article 2 paragraph (2) of Law No. 1 of 1974 concerning marriages where each marriage is disabled according to the applicable laws and regulations, while in Article 5 paragraph (1) the compilation Islamic law stipulates that “in order to ensure orderliness of marriage for the Islamic community, every marriage must be registered'. In the Semunai Village community, Pinggir District, Bengkalis Regency, this marriage is considered a trivial matter, so they do not know about the many negative impacts that have occurred, such as: there is no marriage bond and legal force, as well as the status of children born in marriage. The problems in this study are as follows: first, how is the implementation of sirri marriage in Semunai Village, Pinggir District, Bengkalis Regency, secondly, how is the view of Islamic law and marriage law in Indonesia towards sirri marriage in Semunai Village, Pinggir District, Bengkalis Regency. The research method used in this research is Empirical legal research method, and the nature of this research is Analytical Descriptive, while the data collection tool in this research is by using interviews and documentation related to this research. The results of the research and discussion that the authors found are as follows: First, unregistered marriage is a marriage that is carried out religiously, meaning that it fulfills the requirements of pillars of marriage, marriages that are carried out according to each religion and belief, like an ordinary marriage. Using the consent qabul, attended by guardians, witnesses, then there is a dowry. Both sirri marriages are valid as long as the purpose is for worship, while the positive law of sirri marriage is not recorded because it is not in accordance with the legal rules of law.

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