PERTIMBANGAN HAKIM DALAM ISTBAT NIKAH PERKAWINAN DI BAWAH TANGAN DI PENGADILAN AGAMA SELONG LOMBOK TIMUR

Abstract

This study investigates Istbat Nikah in East Lombok, focusing on marriages conducted before the implementation of Marriage Law No. 1 of 1974, which were not officially recorded. Istbat Nikah is crucial for couples to obtain legal documents such as marriage certificates, birth certificates, and Hajj registration. The research explores three main questions: the reasons behind Istbat Nikah in East Lombok, community leaders' perceptions, and the legal foundations and considerations judges use in deciding these cases at the Selong Religious Court.Using an empirical juridical approach, the study involves observations, document analysis, and interviews with judges. These methods provide insights into the legal and social dynamics surrounding Istbat Nikah. The results show that both community and religious leaders see Istbat Nikah as a positive and necessary process, offering significant benefits for couples whose marriages were previously unregistered.The legal framework includes the Marriage Law, the Compilation of Islamic Law (KHI), Supreme Court Circulars (SEMA), and BINDALMIN. Judges consider the marriage's legality, evidence, witness testimonies, administrative urgency, and the legal order in their decisions. Overall, the study highlights the importance of Istbat Nikah in legitimizing marriages, ensuring couples can access essential legal documentation, and aligning their status with both religious and state laws.

Keyword: . Istbat Nikah, Legal documentation, Judicial considerations, and Selong Religious Court east lombok