Published
2024-01-04
Keywords
- Maqashid al-Syari'ah,
- Criminal Sanctions,
- Marriage Registration,
- Law Number 1 Year 2023,
- Criminal Code
Abstract
This study aims to analyze criminal sanctions related to marriage registration regulated in Law Number 1 of 2023 concerning the Criminal Code (KUHP) using the Maqashid al-Syari'ah approach. Maqashid al-Syari'ah is a concept in Islamic law that emphasizes the maintenance of five main principles, namely religion, soul, mind, offspring, and property. Marriage registration is an important part of maintaining these principles, and the criminal sanctions applied must be in line with Islamic values. This research uses a qualitative method, exploring the meaning in depth related to criminal sanctions for marriage registration, the type of article is library research, the approach used is a normative approach by analyzing documents by referring to Law Number 1 of 2023 concerning the Criminal Code and related literature, the data analysis technique uses an inductive framework with the Maqashid al-Syari'ah analysis theory. The results of the analysis show that the criminal sanctions against marriage registration in the law are in accordance with the principles of Maqashid al-Syari'ah in the maintenance of property, intellect, and offspring. However, further attention is needed regarding the understanding and application of this sanction so as not to violate the principles of Maqashid al-Syari'ah in terms of protection of soul and religion.