A BRIEF REVIEW OF MAQASID AL-SYARI'AH (PRIMARY INTERESTS) IN THE CONSIDERATIONS OF THE SINJAI RELIGIOUS COURT JUDGE REGARDING UNREGISTERED MARRIAGES (MARRIAGE VALIDATION)

Abstrak

This study aims to explain a brief review of Maqasid al-Syari'ah (primary interests) in the considerations of the Sinjai religious court judge regarding unregistered marriages. This is a qualitative study. The research design is a field research. The results of this study indicate that: The implication of granting the request for marriage validation is that the wife and children can claim civil rights such as alimony and inheritance, because the legal status of the wife and children has been recognized by the state. The judge's consideration of secret marriages is deemed to indicate the possibility of compatibility with primary interests, namely hifz al-Din, hifz al-Nafs, Hifz al-Nasl, Hifz al-'Aql, and hifz al-Mal.