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PROBLEMATIKA MUALAF TEMPORER DALAM PERKAWINAN DI KECAMATAN SUMBERMANJING KABUPATEN MALANG
The phenomenon of interfaith marriage in Indonesia has become a complex and controversial topic, especially after the issuance of SEMA Number 2 Year 2023, which not only prohibits the practice of interfaith marriage in Indonesia but also makes interfaith couples look for other alternatives to obtain marriage legality, one of which is through temporary converts. This researc explores how temporary converts are used as a solution to overcome legal and religious obstacles to interfaith marriage. The practice of temporary conversion is often driven by the urgent need to obtain legal recognition of marriages, which are sometimes faced with the obstacle of religious differences. While this practice technically allows marriages to take place legally, it raises a range of ethical and social issues, including the impact on individual faith and the potential for conflict within families and communities. This research is a qualitative study with a legal pluralism approach and juridical-normative analysis. The juridical approach is applied by referring to the Positive Law, while the normative approach is carried out by examining Islamic law through the fiqh rules of sadd żarī'ah and intention theory. This research examines the implications of these policies on the practice of interfaith marriage in Sumbermanjing Subdistrict of Indonesia, using field research. The results of the study provide important insights into how marriage law in Indonesia can affect the dynamics of religiosity and diversity, one of which is the practice of temporary converts to obtain the legality of interfaith marriages such as those that occur in Sumbermanjing District, Malang Regency based on social, cultural, economic and educational factors. This practice is not in accordance with Islamic teachings because sincere intentions and in accordance with religious teachings are the main requirements for marriage to be considered valid, besides that it also has a negative impact on family beliefs according to sadd żarī'ah. Therefore, it is necessary to apply appropriate legal mechanisms such as taklik talak and a letter of intent to convert to Islam which aims to ensure the validity and blessing of marriage.
FAKULTAS SYARI'AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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