PELAKSANAAN ITSBAT NIKAH DI PENGADILAN AGAMA KELAS IA PADANG

Abstract

ABSTRAK Itsbat Nikah is a determination of a marriage carried out by a husband and wife, who have carried out the marriage in accordance with Islamic law by fulfilling the pillars and conditions of marriage, so that legally the marriage fiqh is valid. Formulation of the problem (1) What are the factors causing the occurrence of itsbat nikah in the Class IA Padang Religious Court? (2) How is the implementation of itsbat nikah in the Padang Class IA Religious Court? Types of sociological juridical research methods. Source of data consists of primary data and secondary data. Data collection techniques are interviews and document studies. The data analysis technique is qualitative. The results of the study (1) Factors causing the occurrence of itsbat marriage in the Padang Class IA Religious Court, namely carrying out itsbat marriage for legalization of marriage according to state law, to obtain a marriage certificate, to obtain a child's birth certificate, in the framework of divorce settlement, there were marriages that occurred before the enactment of the Law – Marriage Law. (2) Implementation of itsbat nikah in the Class IA Padang Religious Court, namely: submission of applications, acceptance of cases, examination of cases in court, conclusions, and judges' decisions. In this case the judge's decision is based on legal considerations that take into account the intent and purpose of the petition, the completeness of the requirements accompanied by witness statements and strong evidence.