International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 6 (2022)

The position of marriages performed through qadhi illegal marriages (A study di Uteunkot village Lhokseumawe city)


Almas Salsabila, Ilyas, Iman Jauhari

Marriage is the inner born bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the One True Godhead. Illegal marriage can be explained as a marriage that is carried out without a registration in an agency that has been determined by laws and regulations. Marriages carried out through illegal marriage qadhi in Uteunkot Village are a long-standing thing but information has just emerged among the local people. This study aims to find out and explain the implementation of marriage through illegal marriage qadhi, the factors causing marriage, and the efforts taken by the parties to obtain the validity of marriage due to marriage carried out through illegal marriage qadhi in Uteunkot Village, Lhokseumawe City. This research method uses empirical juris, which is a study that emphasizes applicable legal regulations, and in this case the research is carried out by starting from research on secondary data which is then continued with research on primary data in the field with data collection techniques using interviews, literature studies and field studies as well as Data analysis is carried out using descriptive methods. Hasil research shows that the factors that most often cause marriage through illegal marriage qadhi are Educational, Environmental, Economic, Administrative and Biological factors. So that in an effort to obtain validity, the perpetrators of marriage seek by doing marriage isbat. The validity of marriage is needed by couples who have performed previous marriages in sirri or on the condition that the marriage is religiously valid, in the sense that it is complete and meets the pillars and conditions of legal marriage according to Sharia. It is recommended that in the future, people should carry out marriages legally, that is, legally and religiously valid in order to secure their lives and legal protection, because illegal marriages will have a big impact and continue in the future which will cause losses to the wife and children born from the results of the invalid marriage. Then, the Government must also be sensitive and give strict action on this matter, not only in Uteunkot Village there is illegal marriage through illegal qadhi nkah, but this incident also occurs in various other villages but it has not been revealed to the public, for example in Alue Lim Village which has not been spread to the community
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How to cite this article:
Almas Salsabila, Ilyas, Iman Jauhari. The position of marriages performed through qadhi illegal marriages (A study di Uteunkot village Lhokseumawe city). International Journal of Law, Volume 8, Issue 6, 2022, Pages 135-140
International Journal of Law