Legal Discourse on Contract Marriage in Indonesian and Islamic Law

Abstract

This study is intended to analyze the contract marriage in Indonesian Legal system and Islamic Law. The method for this study is comparative law approach. This study highlighted that marriage of contracts in Indonesia is difficult to record. Because the marriage of the contract is carried out in addition to not being recorded by formal judicial is not regulated in any regulation so it can be said that the marriage contract in Indonesia is not recognized and does not apply the law. Also, in Islamic law also does not allow the existence of contract marriage is based on the words of the Prophet Muhammad SAW. The marriage of the contract also has many consequences to the wife and the offspring of the marriage of the contract.