Marriage Isbat In Qiyas Perspective

The results show that the number of marriage isbat is still high in Makassar Religious Court which is driven by some factors, for instance: the case of spouses asked for marriage certificate (Marriage contract), spouses who asked for jointed-property, children who need birth certificate, or inheritance purpose. Submission of marriage isbat application to religious court is in line with the law No. 1 of 1974, Article 2 Paragraphs (1) and (2) of Marriage Compilation of Islamic Law Article 7 Paragraph (3) letter d. The application for isbat of marriage which was filed with the court and consideration of the judge the judge's consideration in granting the divorce was not bound by positive law alone, but also the consideration of justice, the sociology of law and the public good