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TINJAUAN HUKUM ISLAM TERHADAP PENCATATAN PERNIKAHAN (STUDI DI MAJELIS AGAMA ISLAM PATTANI-THAILAND TAHUN 2024)
In Thailand, the authority to register marriages is not vested solely in the District Office (Amphor), but also in the Pattani Islamic Religious Council (Majelis Agama Islam Pattani/MAIP), which specifically administers marriage registration for the Muslim community. Accordingly, there are two institutions responsible for marriage registration, each operating under different procedures. However, marriage registration issued by the Islamic Religious Council has not been fully recognized as legally valid under state law, despite the fact that MAIP is a state-established and state-sanctioned institution with recognized authority to manage family law matters for Muslim citizens, particularly in Southern Thailand. Nevertheless, the authority of MAIP is subject to certain limitations. This study examines the practice of marriage registration at the Pattani Islamic Religious Council and analyzes the perspective of Thai law regarding marriage registration conducted by the institution. This research is a field study employing a descriptive-analytical method. Data were collected through interviews and documentation. A juridical approach with qualitative analysis was applied to examine the marriage registration mechanisms implemented by MAIP and to analyze the position of Thai law toward marriage registration practices at the Council. The findings indicate that marriages registered solely by the Pattani Islamic Religious Council (MAIP) may face limitations in the fulfillment of civil rights, such as the determination of a child’s legal status, inheritance rights, and other population administration matters, unless subsequent registration is completed at the competent District Office (Amphor). Therefore, Thai law views marriage registration conducted by MAIP Pattani as an important religious complement, while still requiring civil registration to ensure comprehensive legal certainty and protection. Accordingly, an effective marriage registration mechanism is necessary to ensure that marriages are recognized simultaneously under both state law and Islamic law.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN HUKUM ISLAM TERHADAP PENCATATAN PERNIKAHAN (STUDI DI MAJELIS AGAMA ISLAM PATTANI-THAILAND TAHUN 2024) (Text)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)