PERNIKAHAN DI BAWAH TANGAN PERSPEKTIF HUKUM DAN PERLINDUNGAN HAK WANITA DAN ANAK

Abstract

This article describes about underhanded marriages that still leave various problems in a family and society. Religion and the state have provided clear references that a marriage is valid if it meets the requirements of the pillars and must be recorded. Marriage registration is carried out for orderly administration and to avoid negative impacts from an unregistered marriage. On the other hand, marriage registration is part of the implementation of Islamic law from the aspect of maqashid asy-syari'ah (for the benefit of the married couple). Problems that arise due to underhanded marriages not only occur to the wife, husband, but also have an impact on the children born, even society. If there is a problem in the family, the husband and wife cannot submit the problem to the Religious Court because there is no authentic evidence showing that the couple is a legitimate husband and wife. As a result for the child, he does not have a civil relationship with his father, but only has a civil relationship with his mother and his mother's family. Therefore, the child does not have inheritance rights, guardianship rights, and others. The solution to the problem of unregistered marriage is to raise awareness in the community about the importance of registering marriages, make it easier to grant permits for polygamy, and prevent illegal practices for those whose profession is marrying other people.