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August 2, 2026Open Access

Mītsāqan Ghalīẓan and Unregistered Marriage: Reinterpreting Contemporary Islamic Jurisprudence through Takhrīj al-Ḥadīth

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Authors

ISIbnu ShalehHHayatiADAnwar Daud

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Overview

Qualitative analysis explores marriage registration's impact on civil rights in unregistered marriages, indicating legal shifts are needed.

Key Points

  • This study examines the authenticity of hadith related to marriage and its implications for unregistered marriages from contemporary fiqh perspectives.
  • Qualitative method combining literature review and field research through interviews and observations.
  • Data collected from various community leaders and official sources in Aceh Singkil Regency.
  • Review of hadiths in Kutub al-Tis’ah and legislation relevant to marriage.
  • Hadiths on guardianship and witnesses in marriage classified as ṣaḥīḥ li ghairihi or ḥasan li ghairihi, stressing transparency in contracts.
  • Unregistered marriages impacted by social issues, economic factors, and underage marriage.
  • Significant gaps found between KUA officials and religious leaders on classical fiqh validity versus modern legal needs.

Cite This Study

Shaleh et al. (2026) studied this question.

synapsesocial.com/papers/6a6eeaaf1b0468a7eeab30eahttps://doi.org/10.22373/jim.v23i2.35229
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Harmony of Law and Religion: A Maqāṣid Ash-Sharī'ah Analysis of Marriage Registration According to the Fiqh and Law No. 1/19742024
  2. 2The Maslahah of State Policy in Responding to Unregistered Marriage: Inclusion of Unregistered Marriage on The Family Card2024 · 1 citations
  3. 3Unregistered marriages in islamic law: Ensuring children's rights amidst legal validity2024
  4. 4Khitbah Marriage in the Malaysian Context: A Legal and Socio-Religious Analysis Through the Lens of Maqasid Al-Shariah2025
  5. 5Customary or Religious Law: Unregistered Marriage and Its Relationship to Joint Property2025