ANALISIS PENETAPAN PENGADILAN AGAMA TENTANG ISBAT NIKAH PERKAWINAN DENGAN WALI MUHAKKAM (STUDI PENETAPAN ISBAT NIKAH PENGADILAN AGAMA KASONGAN NOMOR 7/PDT.P/2019/PA.KSN)

Rahmat Riski, S.H., NIM.: 21203011001 (2023) ANALISIS PENETAPAN PENGADILAN AGAMA TENTANG ISBAT NIKAH PERKAWINAN DENGAN WALI MUHAKKAM (STUDI PENETAPAN ISBAT NIKAH PENGADILAN AGAMA KASONGAN NOMOR 7/PDT.P/2019/PA.KSN). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriages using wali muhakkam include siri marriages that are not registered with the Marriage Recorder Officer based on applicable legal provisions. The legal consequences of an unregistered marriage are that it cannot be authentically proven and is not legally recognized, making it vulnerable to fraud from either the husband or the wife. To make siri or muhakkam marriages legally recognized, it is possible to apply for isbat nikah to the Religious Court. in 2019 the Kasongan Religious Court issued a determination that legalized marriage using a muhakkam guardian. So far, there are several studies that have discussed the religious court's decision regarding marriage with a muhakkam guardian, both those that grant the application and those that reject it. The formulation of the problem in this study is as follows; 1). What is the basis of the Kasongan Religious Court judge in the determination No. 7/Pdt.p/2019. 2). Why did the Panel of Judges decide to recognize the marriage with wali muhakkam in case No.7/Pdt.P/Pa.Ksn in terms of the theory of justice, expediency and legal certainty. This research includes qualitative research using a normative juridical approach. This research is a field research. In the research, data collection techniques were carried out in two ways, namely interviews and literature/document studies, then the data was analyzed. Then the data analyzed into three stages, namely data reduction, data display and data verification. From the analysis conducted by the author on the subject matter, it can be concluded that first, the basis of the Kasongan Religious Court judge who authorized the marriage using wali muhakkam No.7/Pdt.Pa.Ksn is based on the judge's ijtihad by referring to the book of fiqh. Second, the reason for the Kasongan Religious Court judge to grant the application for isbat nikah with a marriage using a muhakkam guardian is that there is an effort to marry based on the provisions of Islam and when the applicants marry, they are converts who live in Muslim minority areas.

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