The Implementation of Itsbat Marriage for the Customary Community of South Malalak through Maninjau Religious Court Class II

• Main Authors: Nofarina Febri Siska, Yaswirman Yaswirman
• Format: Article
• Language: English
• Published: International journal of multicultural and multireligious understanding 2019-07-01
• Series: International Journal of Multicultural and Multireligious Understanding
• Subjects: unregistered marriage; legal consequences of itsbat marriage; itsbat marriage
• Online Access: https://ijmmu.com/index.php/ijmmu/article/view/903

The aim of this research is to know why part of community conducts a marriage approval and the marriage approval is conducted in the Customary Community of South Malalak by Maninjau Religious Court Class II. The method used in this research is judicial-empirical. The research results are (1). The community starts to realize the benefit of recorded marriage and the community starts to realize how important the marriage status acknowledged by the country and realize the legal consequence if the marriage is not recorded. (2) in terms of marriage recording, it is by doing notification activity towards customary community of South Malalak, and notifying the requirements needed to conduct approval and to give explanation regarding the procedure from the marriage approval. 3). The legal consequence after conducting marriage approval is the guarantee of legal certainty for the spouses that do not have marriage certificate, the protection on particular rights as the citizens after marriage, for the divorce interest (divorced/death divorced), the marriage book issued after approval becomes one of the proofs for divorce requirement which can be processed in the Religious Court, the assets obtained during marriage becomes shared assets since the beginning of the previous marriage, and the certainty of inheritance right on children, wife/husband if one of in the families is passed away.