Analisis Maqasid Syari’ah Terhadap Putusan Hakim Pengadilan Agama Rembang Nomor 61/Pdt.P/2019/PA.Rbg Tentang Isbat Nikah Siri

Abstract

This study aims to analyze how the decision number 61/Pdt.P/2019/PA.Rbg PA Rembang related to the isbat siri marriage case is viewed from the perspective of Maqasid Syari'ah. This research is a field research (Field Research). The data collection of this research was done by collecting information and data from interviews and documents of the Rembang PA, besides that it was also sourced from books and laws and regulations related to the isbat of siri marriage. The results of the analysis of decision number 61/Pdt.P/2019/PA.Rbg PA Rembang regarding the isbat marriage siri case is the only way for Hifẓ al-Nasab (maintaining nasab) the realization of illat Maqāṣid al-syarī'ah which is in the degree of aruriyat. Imam ash-Syatibi explained, the scholars agreed to conclude that Allah established several parts of the provisions of the Shari'a with the aim of maintaining the five basic human elements (ad-dururiyyat al-khams). By writing down the lineage marriage certificate between the child and his parents, it is clear and anticipates mixing of lineage. So that a clear and dignified lineage is realized.