TINJAUAN HUKUM ISLAM TERHADAP PERAN KUA DALAM MENGATASI FENOMENA ILLEGAL WEDDING (STUDI KASUS DI KUA LOWOKWARU KOTA MALANG)

Abstract

Marriage is a great contract to prevent relations based on sharia provisions between men and women, so that thet become a family and have children with the intention of worshiping Allah SWT. As stated in the Law of the Republik of Indonesia No. 1 of 1974 concerning marriage in pharagraph one, marriage is a physical and spiritual bond between a man and a woman with the aim of creating an attractive and functional household. According to Law No. 1 of 1974, marriages are valid if they are performed in line with each religion's or belief's legal requirements, and each of these marriages must be legally documented. Article 4 of the collection of Islamic law applicable in Indonesia emphasizes this point and states that a marriage is legitimate provided it is conducted in accordance with Islamic law. Every marriage must be recorded, according to Article 5 of the constitution, "to ensure orderliness of marriage for the Islamic community." The second sentence of Article 6 states that "marriages performed without a marriage registrar's supervision have no legal effect. In this instance, a marriage that is not registered with the Office of Religious Affairs is considered to be unregistered. The impact of this marriage harms both partners in many ways, which is reality as it exists in society. The purpose of this study is to describe the phenomenon of illegal marriages in the Lowokwaru District, as well as the role that KUA has played in preventing them. It also aims to examine how Islamic law views KUA's role in preventing illegal marriages. The sort of research used in this study, which employs a qualitative methodology, is field research. Direct interviews with the head of KUA and two extension workers served as the sources for the data that were used to corroborate and complement secondary data sources collected from books, official papers, and images to obtain solid evidence connected to the research issue. The results of the study stated that the causes of unregistered marriage in Lowokwaru District included actors still binding the marriage relationship, economic limitations and demand of life, lack of understanding of the importance of registering marriages, marrying only to fulfill biological needs, then because the woman was pregnant. The role carried out by the KUA includes holding counseling about the importance of registering marriages and happy families as well s protecting families and women for prospective brides. Another effort is by holding outreach to the community regarding the dangers of illegal marriages, the impact of unregistered marriages, as well as the protection of families and women held by the Office of Religious Affairs. The legal impact as an unregistered marriage here is that the wife and children are the most disadvantaged here, including in matters of inheritance, livelihood, assets going back and forth, lineage of children who are legally considered to have never married. In public life, children and wives are considered illegitimate because secret marriages make it difficult for wives and children to blend in with the surrounding environment. When regarded of the Islamic law that affirms marriage, the opinion of Islamic law on the function of the KUA is considered. This is in accordance with the provisions of the compilation of Islamic law, which state that every marriage must be registered and that marriages performed without the supervision of a marriage registry have no legal effect in order to ensure the orderliness of marriage for the Islamic community. In the study of maqasid Al-Syariah Al-Syatibi, dlaruriyat is law. In this case, the effort made by the KUA, such as conducting outreach and outreach to the public to overcome the phenomenon of illegal marriage, are in accordance with Islamic law, because thet have tried their best to carry out their duties and functions.         

              Keywords: Review of Islamic law, role of KUA, Illegal Wedding