ASPEK HUKUM ISLAM TERHADAP KEABSAHAN PERNIKAHAN PASANGAN MUALAF YANG TIDAK MELAKUKAN ISBAT NIKAH

Marriage is a legal and social institution that forms the foundation of a
civilized society. In Indonesia, marriage is not only seen as a relationship between
two individuals based on love and responsibility but also as a legal event that creates
juridical consequences. The inconsistency between Islamic law and Indonesian
positive law often creates legal challenges, particularly for mualaf (converts to Islam)
couples who perform religious marriages without state registration (isbat nikah). This
issue becomes complex because, under Islamic law, a marriage is considered valid if
it fulfills the pillars and requirements of nikah, while under Indonesian positive law,
registration is an essential condition for the marriage to have legal force. As a result,
significant implications arise regarding legal status, civil rights, and the protection of
women and children resulting from such marriages. This article employs a normative
juridical approach by analyzing statutory regulations, the Compilation of Islamic
Law (KHI), court decisions, and field interviews with officials from the Office of
Religious Affairs (KUA) in Sigi Biromaru District. The findings reveal that
unregistered marriages among mualaf couples cause legal vulnerability for women
and children, as their status is not recognized administratively. Furthermore, the
implementation of isbat nikah has not been fully effective due to a lack of public
understanding of legal procedures. This study recommends the harmonization of
Islamic and positive law through the integration of substantive justice values to
achieve the ultimate purposes of law justice, certainty, and benefit.