PANDANGAN KEPALA KANTOR URUSAN AGAMA (KUA) SE-KOTA BATU TERHADAP PENERBITAN KARTU KELUARGA (KK) BAGI PASANGAN NIKAH SIRI PERSPEKTIF MAQĀṢID ASY-SYARĪʻAH

Abstract

Siri marriage or underhand marriage is a marriage that is not recorded at the Office of Religious Affairs. Within the scope of the Batu City Religious Affairs Office (KUA), especially in Junrejo District, there were several cases of unregistered marriages carried out by the community for various reasons. The purpose of this research is to use the Head of the Office of Religious Affairs (KUA) throughout Batu City for the issuance of Family Cards (KK) for unregistered married couples in the perspective of maqāṣid asy-syarīʿah. The researcher uses a qualitative approach to understand and analyze the legal status of issuing family cards (KK) for unregistered married couples in the perspective of maqāṣid asy-syarīʿah and the views of the Head of the Office of Religious Affairs (KUA) in Kota Batu regarding the issuance of family cards for unregistered married couples from a maqāṣid asy perspective -syarīʿah. The type of research in this thesis is field research. In writing this thesis the author came directly to the field to explore and find out the information needed for research. In this case the author conducted interviews directly with the Head of the Office of Religious Affairs (KUA) throughout Batu City. The results of this study The law of unregistered marriage and the issuance of family cards for unregistered married couples from the maqāṣid asy-syarīʿah perspective follows the opinion of the majority of fiqh scholars, that the legal status of unregistered marriages is considered valid with certain conditions. The Heads of the Office of Religious Affairs (KUA) throughout Batu City also gave reasons why they disagreed with this which were divided into two perspectives, namely the positive law perspective and the maqāṣid asy-syarīʿah perspective.