Isbat Nikah Sebagai Solusi Hukum Perkawinan Tidak Tercatat: Analisis Multidisipliner Antara Hukum Islam, Administrasi Negara, Dan Hak Sipil

Abstract

Marriage, as a socio-legal institution, plays a crucial role in safeguarding civil rights, legal identity, and social protection for citizens. However, the phenomenon of unregistered marriages remains widespread in Indonesia, creating serious problems regarding women’s and children’s rights, as well as weakening the population administration system. In this context, isbat nikah (marriage validation) in religious courts serves as a corrective mechanism that bridges the gap between religious and state legitimacy. This study aims to analyze the function, challenges, and implications of isbat nikah as a legal solution for unregistered marriages through a multidisciplinary perspective: Islamic law, state administration, and civil rights. The research employs a qualitative approach based on library research, complemented by limited field data through interviews and observation. Primary data were obtained from regulations, religious court decisions, and administrative documents, while secondary data were drawn from academic literature, research reports, and scholarly articles. The findings indicate that isbat nikah plays a significant role in providing legal identity, social protection for women and children, and improving population data. However, it remains casuistic and paradoxical: effective in resolving individual cases but potentially weakening systemic reform of marriage registration. Therefore, isbat nikah should be positioned as a transitional mechanism toward an inclusive and just marriage registration system.