Pandangan Kepala Kua Di Banyuwangi Terhadap Kebijakan Status "Kawin Belum Tercatat" Dalam Kartu Keluarga Perspektif Maqashid Syariah

Abstract

Abstract: The phenomenon of unrecorded marital status in the Family Card (KK) this issue is still commonly encountered as a social and legal problem in various regions of Indonesia, including in Banyuwangi Regency. This status indicates a marriage that is legally valid according to religion, but has not been officially registered by the state, thus causing significant legal, administrative, it also has a significant social impact, especially on women and children. The aim of this study is to investigate the views of Heads of Religious Affairs Offices (KUA) in Banyuwangi regarding the policy of including unrecorded marital status, viewed from the perspective of Maqashid Syariah. This study uses a qualitative approach with descriptive-analysis methods. The data was collected through extensive interviews with the Heads of KUA from several sub-districts in Banyuwangi and Islamic legal literature. The results of the study show that the majority of KUA leaders in Banyuwangi have a view that disagrees with the policy because there are reasons for the harm (mafsadat) that are raised, and are in accordance with the provisions of the maqashid syariah. in order to realize protection for Offspring (hifz al-nasl), honor (hifz al-‘irdh), and property (hifz al-mal). However, all Heads of KUA agreed that unregistered marriages need to be minimized through legal education, marriage confirmation, and strengthening synergy between institutions.

Keywords: Unregistered Marriage, KUA, Maqashid Syariah, KK, Marriage Registration