Positive law only limits marriage isbat to marriages that occurred before Law Number 1 of 1974 because
there is no rule requiring registration. Meanwhile, unregistered marriages that occur after the regulation
cannot carry out isbat marriage, because the law only limits it before the enactment of Law Number 1
of 1974. However, the Compilation of Islamic Law provides space as Article 7 paragraph (3) letter e
which reads that marriages are carried out by those who do not have marriage barriers according to Law
Number 1 of 1974. Article 7 has provided a very broad absolute competence regarding isbat marriage,
even though KHI is not included in the hierarchy of Legislation. Judges are given the flexibility to perform
ijtihad for the benefit of all parties. This article is the basis for consideration of the Lhoksukon Syar'iyah
Court judges in granting the application for isbat marriage for unregistered married couples, namely
number: 131/Pdt.P/2019/MS.Lsk. number: 313/Pdt.P/2019/MS.Lsk. For this reason, this paper
wants to answer the question of how the judges of the Lhoksukon Syar'iyah Court considered the reasons
for the isbat of unregistered marriages, and what was the legal status of the judge's determination of the
isbat of marriages for unregistered married couples. The method used is descriptive analysis method with
a qualitative approach. The research approach is juridical normative and juridical sociological, using the
theory of legal protection. Then use the theory of maqasid syariah to realize goodness while avoiding evil,
or take advantage and reject harm. The results of the study stated that the consideration of the judges of
the Lhoksukon Syar'iyah Court in the case of isbat marriage for unregistered married couples was in
accordance with the laws and regulations, the judge was also not rigid in ijtihad but considered
sociological and problematic aspects.