Kebijakan Penggunaan Buku Nikah Orangtua Sebagai Syarat Administrasi Pernikahan Anak Perempuan Pertama Kajian Maslahah Mursalah

Abstract

This study aims to analyze the policy of requiring parents’ marriage certificates as one of the administrative requirements for the marriage registration of the first daughter at the Office of Religious Affairs (KUA) of Southeast Padangsidimpuan District and to examine it from the perspective of maslahah mursalah. This research employs an empirical legal method with a qualitative approach. Data were collected through interviews, observations, and documentation, and were subsequently analyzed descriptively. The findings indicate that the implementation of the parents’ marriage certificate requirement is intended to ensure the clarity of lineage (nasab), the validity of the marriage guardian (wali nikah), and the orderly administration of marriage registration. Nevertheless, this requirement is not explicitly regulated in Islamic primary sources (nash). From the perspective of maslahah mursalah, the policy can be justified because it promotes public benefit by safeguarding lineage (hifz al-nasl) and providing legal certainty in the marriage registration process. However, its implementation should take into account the community's social conditions to avoid creating difficulties for individuals whose parents’ marriage certificates are unavailable, lost, or damaged. Therefore, alternative forms of valid proof should be provided to ensure accessible marriage registration services without neglecting the principles of Islamic law.