Analisis Hukum terhadap Efektivitas Penanganan Nikah Siri pada Pengadilan Agama Donggala Kelas I B Perspektif Maqāṣid Al-Syarī‘Ah

Abstract

This study aims to analyze the effectiveness of handling unregistered marriages at the Donggala Class IB Religious Court, examine the issue from the perspective of Maqāṣid al-Sharī‘ah, and identify the factors contributing to unregistered marriages in Donggala Regency. This research employs an empirical legal method with a descriptive qualitative approach. Data were collected through interviews with judges and a court registrar, documentation, and literature review. The analysis applies Soerjono Soekanto’s legal effectiveness theory and Jasser Auda’s systems approach to Maqāṣid al-Sharī‘ah. The findings indicate that isbat nikah, or judicial confirmation of marriage, serves as a legal mechanism for obtaining legal certainty for unregistered marriages, subject to applicable statutory requirements. From January to October 2026, the court recorded 205 isbat nikah cases, of which 192 had been decided and 13 remained pending. However, effectiveness cannot be measured solely by the number of cases decided; it must also consider the quality of judicial examination and the protection of the parties’ rights. From the perspective of Maqāṣid al-Sharī‘ah, case handling should promote family welfare, the protection of lineage, and legal certainty. The factors contributing to unregistered marriages include failure to meet the statutory minimum marriage age, geographical distance from the Office of Religious Affairs, low legal awareness, and limited understanding of marriage procedures. Therefore, improvements in legal services, public legal education, and inter-institutional coordination are necessary.