Zikrun, M. Suaib (2025) Analisis Isbat Nikah Terhadap Pernikahan Siri (Studi Kasus Pengadilan Agama Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

his research was conducted to understand the process of implementing marriage validation (isbat nikah) at the Religious Court of Pekanbaru through the judges' considerations regarding the decision on marriage validation. Marriage validation is a legal mechanism to legitimize a marriage that has been conducted according to religion but has not yet been officially registered with the Religious Affairs Office (KUA). This process is regulated by Law No. 1 of 1974 on Marriage, as amended by Law No. 16 of 2019, as well as the Compilation of Islamic Law (KHI). The main issues in this study are, first, how is the procedure for submitting a marriage legalization request in the religious court? Second, what are the factors considered by the judge when the applicant's marriage legalization request is not granted? In this study, the author uses a sociological legal research approach (Observational Research), which involves going directly into the field to obtain data. The data collection techniques used by the author include observation, interviews, and documentation. Meanwhile, the method of drawing conclusions used by the author in this study is the deductive method, which involves deriving conclusions from general matters to specific ones. Based on the research that has been conducted, a request for marriage legalization (isbat nikah) can only be submitted to the Religious Court according to the domicile of the parties involved. The implementation procedure includes submitting a written application, checking the completeness of documents, setting the court schedule, examining witnesses and evidence, up to the decision on marriage legalization. A consideration for the Judge in granting the isbat nikah is to facilitate the examination and prevent the possibility of conflicting decisions. Conversely, a consideration for the Judge in rejecting the isbat nikah is when the plaintiff cannot provide clear evidence. The legal basis used by the Pekanbaru Religious Court Judge in deciding the cumulative isbat nikah case is Article 7 Paragraph (3) letter (a) of the Compilation of Islamic Law.

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