Marriage Postponement During Covid-19 Pandemic: A Study of Its Implementation in Manado City, North Sulawesi Province

Abstract

This study aims to identify the implications on the post-issuance of the Director General of Islamic Community Guidance (Ditjen Bimas) Circular Letter regarding the postponement of marriage since the second of April up to a new circular issuance on the Covid-19 pandemic. This is a field research, and the technique conducted during the Work From Home (WFH) period was to apply technology and social networks to assist researchers in obtaining data. The research stages include observation, interview, and documentation. The results find that there are three negative implications; social, juridical, and fiqhiyyah aspects. In the social aspect, the postponement of marriage in the pandemic period inspired some residents to hold unregistered marriage. In the juridical aspect, various individual interpretations "ijtihâd" were stated by heads of the Office of Religious Affairs (KUA) that exceeded their authority. Whereas in the fiqhiyyah aspect, the values of benefit which are used as arguments for justification of unregistered marriage are simplistic, because they do not use the ushul fiqh as a parameter.

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Marriage Postponement During Covid-19 Pandemic: A Study of
Its Implementation in Manado City, North Sulawesi Province
Ahmad Rajafi1, and Naili Adilah Hamhij2
1Institut Agama Islam Negeri Manado, Indonesia.
2Universitas Islam Negeri Raden Intan Lampung, Indonesia
1E-mail: ahmad.rajafi@gmail.com, 2E-mail: nayhamhij@gmail.com
Abstract
This study aims to identify the implications on the post-issuance of the Director
General of Islamic Community Guidance (Ditjen Bimas) Circular Letter regarding the
postponement of marriage since the second of April up to a new circular issuance on the
Covid-19 pandemic. This is a field research, and the technique conducted during the
Work From Home (WFH) period was to apply technology and social networks to assist
researchers in obtaining data. The research stages include observation, interview, and
documentation. The results find that there are three negative implications; social,
juridical, and fiqhiyyah aspects. In the social aspect, the postponement of marriage in the
pandemic period inspired some residents to hold unregistered marriage. In the juridical
aspect, various individual interpretations "ijtihâd" were stated by heads of the Office of
Religious Affairs (KUA) that exceeded their authority. Whereas in the fiqhiyyah aspect,
the values of benefit which are used as arguments for justification of unregistered
marriage are simplistic, because they do not use the ushul fiqh as a parameter.
Keywords: Implications; Circular Letter of Marriage Postponement; Covid-19
Pandemic Period
1. Introduction
Getting married is a sunnatullah which is urged by Allah SWT in the QS. an-Nisa'
verse (3) by using the verb command (amar) fankihu (then marry by you), and the Prophet
as the deliverer of His treatise emphasizes mentioning the practice of marriage as his
sunnah.[1, p. 1949], [2, p. 1020], [3, p. 368] The implication is when someone is unable to
master himself because not married yet which may cause the presence of disadvantages
(mudharat) in the form of disobedience or adultery. Therefore, the scholars give legal
status mubah in a normal condition. However if it is done to prevent adultery, the law of
marriage rises to become mandatory on a person.[1, p. 1950]
However, since the corona 19 virus (hereinafter referred to as covid-19) spread
into Indonesia, confirmed in the city of Manado in the early March, various activities in
the community both in the office sector, education, etc., were temporarily stopped and
replaced by Work From Home (WFH) program which mainly uses the internet as its
working base. In fact, in order to prevent the wider spread of covid-19 in the society,
various circulations and regulations from the central government were born which must
be implemented throughout Indonesian territory. One of them is a Circular Letter from the
Directorate General of Islamic Community Guidance Number: P-003 / DJ.III / Hk.00.7 /
04/2020 concerning the Amendments of the Directorate General of Islamic Community
Guidance Circular Letter Number: P-002 / DJ.III / Hk. 00.7 / 03/2020 concerning the
Implementation of Covid-19 Handling Protocol in Public Areas within the Directorate
General of Islamic Community Guidance, dated 02 April 2020.

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There are at least two important points to be criticized in this study, namely the E
provisions number 3 point a number 2 and 7 which contents: (1) Number 2: Requests of
new registration for the procession of a marriage contract in the Covid-19 emergency
period are not served and the communities are urged to postpone their procession; (2)
Number 7: Online marriage contract processions whether through telephone, video call, or
use of other web-based applications are not permitted.
Based on the two dictum orders, all marriage registration activities held by the Office
of Religious Affairs (hereinafter referred to as KUA) for marriages were postponed in
April until the latest circular letter.
The refusal of KUA officers to register marriage since the beginning of April becomes
a problem for Muslim community in Manado City. As consequence, the practice of
unregistered marriage of the community arises with the justification to avoid sin and
disadvantages by the prospectus bride and groom.[4] Based on these problems, this
research was conducted to explore the implications of the circular letter with the locus of
the research is the City of Manado.
2. Research Methods
This research is a field research that used a qualitative approach to explore the
implications of the issuance of the Circular from the Director General of Islamic
Community Guidance dated 02 April 2020 which postponed all marriages in the
community due to the covid-19 pandemic in Manado City. Field data collection
during the pandemic was taken by following the procedure of WFH which consists
of three stages by utilizing digital technology and social networks to assist
researchers in obtaining data, namely; observations of several marital events that
held after the issuance of Islamic Community Guidance Circular Letter. The
research stages were carried out by research assistants scattered in several areas of
research objects include live interviews with Section Head of the Islamic
Community Guidance at the Office of the Ministry of Religion in the City of
Manado, involving several Heads of KUA in the City of Manado, and several
perpetrators or families who continue to carry out marriages after the issuance of the
circulation. The interviews were through telephone facilities that were recorded. The
electronic documentation of marriages which taken place after the circular issuance
dated two April was filed. The data analysis is carried out inductively with stages;
data reduction, data presentation or display, and making conclusion or verification.
3. Field Data Findings
The city of Manado is the capital of North Sulawesi Province, located at the
northern tip of the peninsula of Sulawesi. The geographical position is 124 ° 40 ′ -
124 ° 50 ′ East Longitude and 1 ° 30 ′ - 1 ° 40 ′ North Latitude with a land area of
15,726 hectares. Its occupation in terms of religious choices based on population
census data in 2010 was 62.10 percent Christian, 5.02 percent Catholic, while
Muslims 31.30 percent and the rest were other religions. The populations were
spread in eleven districts, namely Wanea, Wenang, Tuminting, Tikala, Singkil,
Sario, Paal Dua, Mapanget, Malalayang, Bunaken Kepulauan, Bunaken.[5]
Based on the region profile, it was unfortunate that the number of KUA in
Manado City is only ten offices located in Wanea, Wenang, Tuminting, Tikala,
Singkil, Sario, Paal Dua, Mapanget, Malalayang, and Bunaken Districts, while the
services for Bunaken Kepulauan residents are directed to KUA of Bunaken District.
Although Muslim population is a minority in Manado City, religious services such
as marriage registration requests throughout the KUA have been going well.

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However since the covid-19 pandemic took place in Manado City, there have
been various obstacles in providing services, especially after the WFH ordered by
the government. It continues and the peak was after the Director General of Islamic
Community Guidance of the Ministry of Religion of the Republic of Indonesia
issued a circular letter ordering all KUAs to postpone all marriage registration
activities from the second of April to the twenty-first of April or after a new circular
letter order the re-opening of registration and recording services for marriage by the
KUA.
After the order to suspend the registration of marriages, various actions and
reactions were done by several KUA heads in response to the circular. The obtained
data from at least seven KUA heads who can be confirmed and interviewed revealed
that not all KUA heads read in detail the contents of the circular which leading to
various actions that different among KUA.
The interview that were held produced at least three core data to point, they are:
the acceptance of marriage registration after the circular issuance, the procession of
the marriage contract and the recording of marriage after the date of the
promulgation, the KUAs action on the application on marriage registration after the
implementation of the marriage postponement circular for those who were in very
urgent situations such as unwed pregnancy and the acceleration of the marriage
ceremony due to urgent official obligations from registrant’s working place in the
form of either placement of assignments or mutations to remote areas.
Regarding the first data, the acceptance of marriage registration by KUA was still
conducted as indicated by the seven interviewed KUA. There were only three out of
seven KUAs which did not receive marriage registration since the enactment of the
circular of the Director General of Islamic Community Guidance, namely KUA of
Singkil, Tuminting, and Wenang Districts. While the other four KUAs still received
marriage registration, but it was conducted manually because the online marriage
registration system through the SIMKAH application has been closed since the
circulation took effect. However, from the four KUAs that received manual
registration, there were two KUAs namely Tikala and Mapanget which proceed the
marriage registration agenda for an urgent event. The other two KUA namely Paal
Dua and Malalayang obliged the bride and the groom to obey the circular by
carrying out the marriage contract after the twenty first of April or after a new
circulation issuance.[6]
The second data is about marriage implementation and marriage registration after
the promulgation of the marriage postponement. Out of of the seven KUAs, there
was only one KUA which no longer conducted the marriage registration service,
namely KUA of Tuminting District. The KUA called on the citizens to postpone the
marriage contract until there is a new circular of marriage contract. The other six
KUAs still implemented it but with certain conditions. This decisive decision was
made due to security reasons and preventing the spread of the corona virus which
was the main reason for the issuance of the circular, so that the KUAs as a lower-
level state apparatus was obliged to obey the commands of the circular.[7]
Data from KUA of Tikala District, there were several marriages which agenda
were recorded before April and five other marriages after the issuance of the
circular letter due to a very urgent matters such as unwed pregnancy and job needs
because their prospectus partners will be sent for work service immediately in a
remote area for a long time. Those conditional marriage contracts were proceed by
practicing the implementation of health and safety protocols during the covid-19
pandemic like physical distancing obligations and only maximum of ten
attendees.[8]

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Mapanget sub-district KUA is very flexible and open by continuing to receive
registration and hold marriage contract procession and marriage registration even
though there is a circular which requires a postponement of the marriage from the
second to the twenty first of April. It is because the marriage contract is the
community need that cannot be detained, so that presenting benefit must be
prioritized rather than disadvantages. According to the official, there are ten
marriages were conducted due to family insistence, with the condition that the Head
of KUA explained in advance that there was a circular regarding marriage delays
before accepting marriage registration and procession. They can make compromise
with the parties like family, and if the family still wants the wedding schedule
according to the planned time, the marriage contract and the registration were held
with the obligation of no more than ten attendees. Apart from that, there were also
five pairs of bride and groom who had registered their wedding plans in the middle
of April, but until the interview was held it was not yet confirmed when the planned
marriage contract would be held.[9]
At the KUA of Singkil District, there were seven contract and marriage
registration activities because the registration had been done before the circular
issuance, but after the circular announced, all activities were postponed until a new
circular letter. According to the interview, this decision was taken because the task
of the KUA at this time was to obey the circular, and so that the public can know it.
The KUA was obliged to socialize it both verbally and non-verbally, such as by
posting it on the bulletin board and by giving an explanation when someone came to
register his marriage plans.[10]
The KUA of Wenang Subdistrict held four marriages that took place after the
circular issuance, which marriage registration at the KUA had been submitted before
the circular issuance.[11] KUA of Malalayang District also applies the same thing,
there are two marriage events that had been recorded by KUA after the issuance of
the circular, but the registration had been done before the circular issuance.[12]
Likewise with KUA of Paal Dua, where there is one wedding event conducted after
the circulation issuance but the registration had been carried out since March.[13] .
The arguments built by the three KUA above are normative, as servants of the state
they are obliged to carry out the tasks that have been directed through the circular
letter.
The findings regarding the KUA's attitude towards very urgent marriage requests
after the implementation of postponement of marriage are quite diverse. KUA of
Singkil and Tuminting Subdistricts firmly refused to serve such request, because the
circular clearly prohibited the activity for the sake of all people health by avoiding
covid-19 spread.[7], [10] The KUA of Paal Dua District demostrated the attitude to
continue receiving marriage registration, but the procession is managed after the
twenty-first of April or after a new circular revokes the previous circular.[13]
KUA of Malalayang District is not going to serve such request, but if it is very
urgent it will be directed to marry in the method of Islamic Shari'ah only through
local mosque priests and not in the KUA. Subsequently, after a new circular issued
the married couple must make a request of itsbat marriage to the Religious
Court.[12] The same thing is also done by KAU of Wenang Sub-district, but the
difference is that the marriage must still be known by the KUA so that when the
circular has been revoked the unregistered marriage in the case can be renewed
through the marriage ceremony to get a marriage book.[11]
Whereas the last two KUAs, namely KUA of Tikala and Mapanget sub-districts,
still administratively carried their services out and published marriage books. The
difference is, for KUA Tikala District only accepts very urgent requests, such as

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unwed pregnancy or because of the obligation of office duties, for those who are not
so urgent will be postponed until a new circular issuance.[8] While KUA Mapanget
clearly provides information to accept and carry out marriages either urgently or not
based on the will of the family who will make the event, because delaying a
marriage is an attitude that will result more disadvantages.[9]
After conducting interviews with the heads of the KUA and obtaining the above
data, a confirmation was made to the Section Head of the Islamic Community
Guidance of the Ministry of Religion in the City of Manado. The data shows that all
the heads of the KUA had received guidance on the implementation of the circular
letter and all were required to implement it, aside from there are accidental cases
such as getting unwed pregnancy and requesting marriage to maintain the good
name of the family and religion, marriage is permitted but with manual registration.
However, until this interview is released, according to Sahrir, there is no
information from the KUA heads whether there is a marriage procession conducted
due to such accident.[14] This final explanation shows that there is no systematic
monitoring and evaluation of the implementation of the circular letter in all KUA in
the city of Manado, otherwise there was only an ordinary communication, both from
Bimas to KUA or vice versa.[14]
After digging up data from the implementers of the rules, the next step is to
scrutinize the information from the community, either those directly affected by the
circular implementation or the priests who have been the forefront of assisting KUA
in the procession of the marriage contract in the community. The results of
observations found the practices of unregistered marriage in the districts which
explicitly implements marriage postponement fully.
In the Tuminting Sub district, there were three practices of unregistered marriage
after the postponement of the marriage ceremony, which was carried out directly by
the trustees, but the ceremony was not publicized, worrying about negative impacts
in the future, especially when the bride and the groom wanted to ratify their
marriage in order to obtain a marriage book at KUA. The main reason why the
marriage must be carried out is because the parents feel that if the closeness of their
son with his girlfriend will lead to sinful acts, the marriage should be carried out
immediately. On the other hand, another procession is conducted for a very urgent
reason.[15]
In the Singkil Sub district, there were two unregistered marriage contract
procession. One of them cannot be confirmed because of refusal to be interviewed,
while the other couple could be confirmed. The confirming couple said that the
marriage contract was guided by one of the religious leaders at the place of the
marriage, with very simple preparation, presented by only the bride and groom, the
direct marriage trustee of the bride's parents, two witnesses, and several family
members, no more than fifteen people attending the party. The ceremony was not
documented or posted on their social media. After being confirmed, it was found
that the reason for the procession of marriage contract because of a very urgent
matter that was not clarified in detail by the interviewees, but essentially, the
marriage must be carried out as soon as possible. Thus, when they find out that there
were rules in the KUA which postponed requests of any marriage contract and
activities. Additionally, the parents of the bride and the groom insisted for the
marriage to be carried out in Islamic sharia in advance.[16, p. Singkil]
In the Malalayang Subdistrict, at least there was one marriage event recorded
from a couple who came from outside of the area but were domiciled in one of the
Malalayang Sub district areas because of employment condition. This information
was obtained from informants who did not want to be exposed for reasons of

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closeness as a close colleague as well as a neighbor in the neighboring. When
investigating the reason why his close friend married during the corona pandemic
with unregistered marital status, the main reason was because of the "accident" due
to promiscuity, and the woman's parents urged the marriage to be carried out though
not registered in the KUA, the marriage book will only be done if the covid-19
emergency period has ended.[17]
4. The Implications of Marriage Postponement by the State
Based on the field data that has been presented, it was found that there were
negative implications after the birth of a circular from the Director General of the
Islamic Guidance Center, so that the KUA postponed the wedding plans of their
respective citizens. The implication is the rise of unregistered marriage that may
harm the legal order in Indonesia.
The history shows that after the regulation on marriage in Indonesia was
promulgated in 1974, there has never been a new regulation after its issuance. Even
there was none of a circular letter which postponed the marriage due to certain
reasons. It is the first, in April 2020, due to the outbreak of covid-19 in the midst of
Indonesian society in various regions including the city of Manado, the situation
forced the government, in this case the Religion Ministry of Indonesia - to issue a
circular letter ordering all KUA to postpone marriage registration activities from the
beginning of April until a new revoked circular issued, with the reason to prevent
the spread of Covid-19 in the country.
Normatively, the government's expectation by issuing this circular is to bring
benefits to the wider community. However, the circular is not matched by
preparedness and careful planning, so that its implementation in the community
becomes problematic, especially for those who are directly affected by the ban,
which in the end must make plans to be postponed until unpredicted time or even
amended according to the situation.
Moreover, not all people in Indonesia, including the city of Manado are highly
educated. Therefore any rule is often difficult to accept if it conflicts with their
needs, as indicated by the data from the Central Statistics Agency of North Sulawesi
Province; it shows that the human development index in the city of Manado was at
79.12 percent.[18] Apart from that, the trend of unregistered marriage contract due
to accident (unwed pregnancy) in the city of Manado continues to rise,[19] even it
becomes a public secret that the effect of the rapid westernization leads to
promiscuity.[20]
This has led to the increase of unregistered marriages in the pandemic period
after the postponement of the marriage ceremony was implemented by the KUA. If
this delay continues until unpredicted time limit, then the incidence of unregistered
marriage will increase. Therefore, a win-win regulation is needed for the community
to suppress unregistered marriage during the pandemic, at least by opening marriage
registration opportunities through digital technology so that all involving parties
related to the marriage procession are visible to make agreement.
When the process of this research took place, an amendment of the circular dated
twenty-three April released which had the same substance as the previous circular;
letting the marriage procession as long as it was registered before the date of
circular issuance, otherwise halting afterwards it. Such rules in the social and legal
context are very problematic, because it may provoke unregistered marriage
contracts. As addition, there are also quite risky problems, the emergence of various
individual interpretation "ijtihad" from the KUA to deal with various problems in

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the field that are hindered by the circulation, as the data which has been presented
before.
Referring to the content of Article 1 of the Regulation of the Minister of Religion
of the Republic of Indonesia Number 34 Year 2016 concerning the Organization and
Work Procedures of the District Religious Affairs Office, the KUA has position,
duty and function as a technical implementer unit at the Ministry of Religion, under
and reporting to the Director General Islamic Community Guidance and
operationally fostered by the Head of the Office of the Ministry of Religion in the
Regency / City.
Knowing such duties and functions, it can be understood that KUA only
accommodates administrative and bureaucratic works in the field, especially in
carrying out services and guidance of the Islamic community in their respective
working areas (Article 2). Thus, the KUA is not permitted to have individual
interpretation "ijtihad" in cases that are not listed in the rules, especially allowing
unregistered marriage to be held, either by the authorities themselves or by giving
instructions to other authorities.
"Ijtihad" is certainly not permitted by the KUA at the administrative and
bureaucratic level, especially in terms of denying the registration of marriage,
because it is not in line with the rules of marriage in Indonesia which obliges
registration process, such as Acts No. 1 of 1974, PP No. 9 of 1975, as well as the
Compilation of Islamic Law. Thus, the legal system in Indonesia does not recognize
the term unregistered marriage or such case, and does not accommodate it by being
regulated in any decree. However, the dichotomy between Islamic law and national
law, which has faded for years, is now re-blooming after the issuance of the
marriage postponement circular despite for beneficial reasons.
KUA is the only institution that has full authority from the government to register
marriages among Muslims, and there is no other institution that includes religious
leaders who are considered to have the competence to marry someone. Hence, the
existence of KUA in addition to fulfilling bureaucratic demands is also substantially
responsible for implementing the validity of a marriage, but does not carry out
"ijtihad" by the law itself. For this reason, cases that occur after a circulated
marriage postponement, should receive special and serious treatment from the KUA.
Because KUA in the context of marital law is obliged to provide guidance and
counseling to the community to form a happy and eternal family upon regulations.
KUA as an official institution established by the State based on the law has an
important role in suppressing the number of unregistered marriages such as
marriages under its respective jurisdiction. This is a form of commitment of state
servants in maintain the mandate of the law. When unregistered marriages are
accommodated or justified by opening opportunities for unregistered marriages, it
will lead to new legal problems and harm the legal order that has been on the tract
so far.
The problem that may occur is the increasing number of istbat (ratification) of
marriage when all the perpetrators of unregistered marriage make a request in the
Religious Court. Although if it is not, then it is possible for a misuse of the law
carried out by the authorities, the KUA officials are possible to legalize the
registration of marriage after the issuance of a new circular by intentionally setting
the date of marriage preceding the promulgation of the circulation, or by reason of
marriage renewal (tajdid an-nikah), even though the product fiqh in Marriage Law
Number 1 of 1974 Article 26 only applies on cancelation of marriage because the
marriage being held in the presence of an illegal or unauthorized marriage registrar,
illegitimate trustees or marriage without the presence of two witnesses and receives

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the request for a marriage cancellation from a family on behalf of the husband or
wife, prosecutor and husband or wife.
Therefore, legal behavior that exceeds its authority can be categorized as a
violation, and regulation of the Minister of Religion No. 19 of 2018 concerning
Marriage Registration Article 43 explains that the Head of District KUA, headman,
and overseas marriage registration employees who violate the provisions referred to
in Ministerial Regulation is subject to sanctions in accordance with existing
statutory acts.
The importance of the law supremacy by the KUA through legalizing a marriage
in the form of registration is the nature of tautsiqi,[21, p. 34] the aim and purpose
are to minimize uncontrolled marriages held by Muslims. The institutional use is to
place the KUA as the executor of the law as a sacred institution that has an urgent
and strategic position in Muslim society. As addition, KUA may fortify the negative
efforts of irresponsible parties.
Narration like this is certainly considered rigid because it seems to deny social
existence that requires legal instruments for their wellbeing, but by quoting general
legal principles namely; lex dura sed tamen scripta, where the law or the rule of law
is felt to be harsh, decisive, and cruel to the public. Actually, that is how it is,
because it is a consequence of every citizen to be able to obey the law as a whole.
Therefore, Sudikno Mertokusumo[22, p. 3] states that no matter what happens, the
rules must still be obeyed and applied.
Aside from the negative implications in the social and juridical realms, the
negative implications also occur in the fiqhiyyah realm. Moreover, the reason for
issuing the circular is to the benefit of people. It is encouraged to become a grip
both for the KUA and for residents who are directly affected by the circulation of
marriage delays. In fact, law in Islam was created not only for one purpose, that is
benefit. The law in Islam is also to prevent harm. The principle of Islamic law is to
bring benefit and prevent harm altogether (jalb al-mashalih wa dar'u al-
mafasid).[23, p. 169], [24, p. 306], [25, p. 84]
Thus, when there is a conflict between two vices in one condition - as the case
today in the Covid-19 pandemic, the vices to postpone marriage in an effort to
prevent the spread of the Covid-19 outbreak and the detriment of unregistered
marriage. Actually, then fiqh teaches to avoid more damage. Then, choosing a
lighter damage to implement is prioritized. As the rules of fiqh explain: "If there are
two contradictory vices (in one condition), then leave the greater vices between the
two, by choosing lighter vices (to be applied)." [26, p. 526], [27, p. 89], [28, p. 286],
[29, p. 87]
For measuring which badness is lighter to apply, it is better to use the following
two rules as a measurement tool, namely al-mashlahah al-'ammah muqaddam a'la al-
mashlahah al-khashah[30, p. 339] (general benefit must be put forward rather than
special benefit), and tasharruf al-imam 'ala ar-ri'iyyah manuth bi al-mashlahah[31,
p. 88] (regulations made by the government are solely for the good of all
community).
Based on the fiqhiyyah statement above, the benefit value that can be drawn from
the circulation of marital delays by the government is that all Indonesian citizens,
including the people of Manado City can avoid Covid-19 spread. One of the way to
prevent the spread is not gathering a number of people. Moreover, the data shows
the numbers of positive patients in the city of Manado continue to increase every
day; confirmed thirty-six people, recovered five people, and died three people dated
twenty-four April,[32] The issuance of the circular is the lightest choice to do

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because the disadvantages are felt only by a handful of people. In contrast, if
unregistered marriage practice is implemented, it may cause various new problems
emerging along with it and this is very dangerous for the safety of the Indonesian as
whole.
5. Conclusion
Based on the explanation above, a conclusion can be drawn that the result of the
marriage postponement issuance by the Director General of Islamic Community
Guidance of the Ministry of Religion of the Republic of Indonesia which must be
applied by all KUAs in Indonesia including in the City of Manado, raises several
negative implications, namely; in the social aspect indicated by occurrences of
unregistered marriage whether identified by the KUA or not on behalf of needs; the
juridical aspect is the emergence of various "ijtihad" that varied even beyond their
authority because there was no punishment dictum for those who violate the
circular. It is realized that the absence of systematic and directed monitoring and
evaluation carried out by the Ministry of Religion Section Manado City as the
person in charge is needed to maintain the rule. The last is the implication of
fiqhiyyah, where the reason for the benefit is used simplistically. It is known that
the point does not use the ushul fiqh as a measurement tool to value the big
disadvantages (mudharat) so that we prefer the milder one. Meanwhile the severe
disadvantage will be used as a reference only.
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