Wallimahtul Ursy as the Embryo of the Birth of Marriage Registration According to Islamic Law

This research aims to provide an illustration that by carrying out a marriage according to Islamic religious law without going through a marriage notification at the KUA, known as nikah sirri, then making a walimah to announce the marriage shows that there are no obstacles to the marriage being carried out.This research uses normative juridical research methods using primary, secondary and tertiary legal materials as well as statutory regulations and legal concepts.The results of the research show that if the sirri marriage is carried out by the guardian as a form of announcement to the public, then the marriage is considered valid because the conditions have been fulfilled and are in harmony and can be published which can be interpreted as a form of recording. because previously there was no institution for marriage registration. Walimah shows that a valid marriage has been carried out according to Islamic law, so that there are no longer any obstacles to the marriage. The function of recording according to state law is for everyone to know and serve as evidence for the parties. Making a walimah means wanting to announce the marriage and provide evidence to the public and government that a valid marriage has been carried out so that it can be reported administratively for recording.

Introduction

Marriage is an inner and outer bond between a man and a woman to form an eternally happy home based on the belief in the Almighty Godhead. This means that to carry out a marriage two bonds must be fulfilled, namely an external bond that is clearly visible to other people in its implementation and an inner bond that is a will. the parties expressed in the form of love for them between a man and a woman, an inner bond is a bond that comes from the bottom of a person’s heart, the bottom of a pure heart in accordance with the teachings of their respective religions, both husband and wife are determined to form a household mahligai, in good times and bad. Inner ties according to Islamic law are expressed in the will of a couple who love each other and are willing to live together in marriage.

According to Christian religious law, spiritual ties can be seen from the will of both parties who are bound by declaring women and men as spirit and flesh as mandated in Ephesians 5:2.3.[1]In Catholicism, an inner bond is characterized by an agreement with mutual love between a man and a woman that occurs and cannot be withdrawn as an inner bond. According to Hinduism, it is the will between a man and a woman to marry in the sacred bond of marriage, to obtain offspring where the bond This inner self shows the will and agreement between the parties in the form of love expressed in the responsibility of living together in a family through the bond of marriage.[2]To strengthen this bond, the marriage is carried out in accordance with the religious laws of each party. After the marriage is legally carried out, it needs to be proven by registering the marriage according to the respective religious laws. This is in accordance with the legal regulations in the law in our country, so that what is called a valid marriage according to religious law is fulfilled, then it is registered according to state law.

It should also be noted that there is a form of marriage called sirri marriage, which according to the public’s understanding, many marriages are carried out by those who are Muslim, and this is considered not in accordance with state law so it is considered that the marriage is invalid. Sirri marriage is a marriage. who do not go through the marriage notification stage by the person who is getting married or who represents the party who is getting married. A marriage notification that is accompanied by the identities of the parties is in accordance with legal regulations. The marriage registration officer will carry out research on this marriage notification. This research is an effort made by KUA and KCS officers to equate field data and administrative data entered by the parties, and if there are no obstacles or problems, an announcement will be made to the public. The community can object if it turns out that there are parties who have obstacles and cannot carry out the marriage. In a sirri marriage, these steps are not carried out, they are only carried out according to religious law.

In Islamic law it is recommended that after the marriage takes place, a walimah should be made for the public to know. This is so that if there are obstacles and objections they can be identified, but if there are no obstacles or objections from other parties, then the marriage is considered valid. In fact, if an unregistered marriage has been made a walimah without registering it according to the provisions of the law, it is already valid, because after the Ijab Kabul has been carried out, it must be published in a simple way by the walimah. This walimah is a means of introducing the bride and groom to the general public that they are officially married. This is also so that there will be no slander if the woman becomes pregnant in the future, as well as to inform that this woman is married and that other men are no longer allowed to propose to her, and also to introduce her husband to the community. By holding a walimah, it shows that a valid marriage has been carried out according to religious law and published to the wider community so that everyone knows.

For this reason, if a sirri marriage is carried out and then a walimah is made to publicize the marriage, it is no longer considered an invalid marriage or a private marriage. This sirri marriage can be registered according to state law because it is deemed that there are no obstacles to the marriage, considering that it has been carried out by the guardian and has been known to the wider community without any objection. It is clear that if a sirri marriage is carried out by the walimah, it is a form of announcement to the public, then this marriage is considered valid because the conditions and terms and conditions have been fulfilled and its publication can be interpreted as a form of recording because in the past this institution did not exist.

This article aims to unite views and understanding that sirri marriages are not all marriages which cannot be registered according to state law because it needs to be interpreted that if a marriage has