Every marriage in Indonesia should be based on Law No 1, 1974 of year about Marriage. But oftentimes because one/something a marriage is not booked, so a couple cannot have marriage certificate as an evidence for legal marriage that unacknowledged by country. Using normative methods, with specification writing of descriptive the analysis, the author will examine the application validation marriage that is not registered (marriage istbat). Every Judge's consideration on accepting a request for legalization a not registered marriage (marriage istbat) is based on provision Article 7 paragraph (3) letter (e) Kompilasi Hukum Islam (KHI). Keywords : marriage, not registered marriage, legalization of marriage that is not registered (Marriage Istbat