PERSPEKTIF FILOSOFIS HUKUM ISLAM DALAM KAJIAN HUKUM POSITIF Indonesia

Abstract

Islam views marriage as a sacred agreement, meaning worship of Allah, following the Sunnah of the Prophet and carried out on the basis of sincerity, responsibility, and following legal provisions that must be carried out. The marriage order is one of the implementations of Al-Maqasyid Al-Khamsah, namely hifzhul nasl. This paper is to describe an understanding of what marriage is, the pillars and conditions of marriage, marriage law and how to record marriage and the civil rights of wives and children. Through this theme trying to be described. The conclusion that can be formulated is that marriage is a sacred agreement between a man and a woman to build a happy household. And valid if it has fulfilled the pillars and conditions. There are 5 laws in marriage, namely obligatory, sunnah, makruh, permissible, and haram. And a good marriage is registered accompanied by proof with a marriage certificate so that it will bring benefits to the wife and her offspring. In general, almost all religions have the opinion that marriage or marriage is quite important.