KAJIAN YURIDIS TENTANG ITSBAT NIKAH DI PENGADILAN AGAMA

This research is aimed at identifying and analyze the reasons for filing marital legalization to the Religious Court with Article 7 paragraph (3) of the Compilation of Islamic Law, and identifying and analyze about the judge�s consideration in determining to grant or reject the marital legalization in the Religious Court. This research belongs to a juridical normative research, that is a legal research conducted by studying library or secondary data. Secondary data included primary law materials, secondary law materials, and tertiary law materials. Data collected were analyzed with qualitative method. It can be concluded from the reseach that, First, the reasons for filing marital legalization to the Religious Court it is not all in accordance with the provisions of Article 7 paragraph (3) of the Compilation of Islamic Law. Second, the judge�s consideration in determining to grant or reject the marital legalization was based on the facts in the trial regarding the truth of arguments presented by the Petitioner based on documentary evidence and evidence of witnesses. The judge considered that if the marriage had fulfilled the minimum obligatory rules and requirements of marriage according to Islamic law and fulfilled the marriage requirement according to the Marriage Act (Article 6 and 7 of Law No. 1 of 1974 in conjunction with Article 14 through Article 29 of the Compilation of Islamic Law ) and the marriage does not violate the prohibition set out in the Marriage Act and the Compilation of Islamic Law (Article 8 through Article 10 of Law No. 1 of 1974 in conjunction with Article 39 through 44 of the Compilation of Islamic Law ), the marital legalization would be granted. On the contrary, the judge found the impediment to marriage, the marital legalization would be rejected by the Religious Court. In addition, the judge in investigating and deciding the cases of marital legalization considered case by case by taking the principle of usefulness (benefit) into account