MEMBANGUN FIKIH PROGRESIF MAZHAB INDONESIA : EKSISTENSI PENCATATAN AKAD NIKAH DALAM HUKUM PERKAWINAN ISLAM INDONESIA

This research is motivated by many Indonesian Muslim community does marriage contract in sirri, that this contract was not officially registered and finally no permanent legal force. The rules on the registration of the marriage contract apparently also ignored, therefore this research focused to the existence of the registration of marriage contract researched with ushul fikih approach and contextual approach after that analyzed by extensification method. The results of this research with istihsan method specially with al-istihsan bi al-qiyas al-khafi, the registration of marriage contract is contains kindness and also avoid a large disadvantage to husband, wife or child. Spouses can prove that they are a legal spouse under the law and also have the right to get the country protection with regard to the identity or with regard to the interests of the spouses in the live a married life. The registration of the marriage contract, seen from maqashid asy-asyari'ah can also maintain the benefit of religion, soul, mind, descent and treasure. Therefore, the registration of the marriage contract can be one of requirement legitimate in the marriage contract like the other requirement, so that these registration can be the Indonesian fiqh.