Cross-Border Marriage Registration under Islamic Family Law: A Maqāṣid-Based Governance Model
Background: Increasing transnational mobility has accelerated cross-border marriages among Muslim communities, particularly between Indonesia and Malaysia. Although both countries share common foundations in Islamic family law, differences in marriage registration systems continue to generate legal uncertainty regarding marital recognition, inheritance, child legitimacy, and judicial protection.
Methods: This study employs a qualitative doctrinal and comparative legal approach by examining statutory regulations, institutional arrangements, and scholarly literature on cross-border marriage registration in Indonesia and Malaysia. The analysis is interpreted through the maqāṣid al-sharīʿah framework to assess legal governance and family protection.
Results: The findings indicate that both jurisdictions pursue the same objectives of legal certainty and family protection but adopt different administrative and institutional mechanisms. Indonesia emphasizes centralized registration and judicial validation, whereas Malaysia relies on state Islamic religious authorities and Syariah Courts, resulting in different procedures for recognizing cross-border marriages.
Discussion: Based on these findings, this study develops the Integrated Maqāṣid-Based Cross-Border Marriage Governance (IMCG) Model, comprising regulatory compatibility, institutional coordination, digital administrative interoperability, judicial cooperation, and maqāṣid-oriented family protection. The model promotes legal interoperability while respecting national legal sovereignty.
Conclusion: Cross-border marriage registration should be understood as an integrated governance mechanism that strengthens legal certainty, family rights, and sustainable protection for transnational Muslim families through enhanced bilateral cooperation.
Novelty: This study introduces the IMCG Model, integrating comparative Islamic family law, administrative governance, and maqāṣid al-sharīʿah into a unified framework for strengthening cross-border marriage governance among Muslim-majority jurisdictions.