Pencatatan Pernikahan Sebagai Upaya Penanggulangan Nikah Sirri Dalam Hukum Islam (Analisa Terhadap Metode Penggalian Hukum)

Abstract

Nikah sirri represent nuptials form conducted underhand or is not noted officially by state. Nikah sirri do not influence to legalitiy of marry, because record keeping marry do not the inclusive of condition and foundation marry, along with opinion growth punish Islam really the nuptials record-keeping have very role is necessary for going into effect Islamic Married Law in Indonesia. Marriage registered will become evidence have the happening of nuptials, releasedly of act marry serve the purpose of arm law when one of couple do not execute obligation. Although the nuptials record-keeping not yet been arranged in Islam law, but to analyse in in perpective punish Islam needed by a dig method law (ijtihad) by moslem scholar, namely method Qiyas, Istishlah, al-Dzari’ah, ‘Urf. Each regulation believed can uphold kindliness represent translating from Islam teaching values. Become according to ijtihad of moslem scholar have a notion that Nikah sirri law is illegal, and record keeping marry is obligation so that cause goodness at Islam people. According to contemporary moslem scholar have a notion that conducted better nuptials record-keeping is so that punished to marry validly according to religion and validate according to state Key Words : Nikah Sirri, Hukum Islam, Metode Penggalian Hukum