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PRAKTIK TAJDID AN-NIKAH BAGI PASANGAN MUALAF (STUDI KASUS DI PEDUKUHAN JOMBLANG DESA DUKUHWRINGIN KECAMATAN SLAWI KABUPATEN TEGAL)
This study examines the practice of tajdīd an-nikāḥ among Muslim convert couples in Pedukuhan Jomblang, Dukuhwringin Village, Slawi District, Tegal Regency. This phenomenon arises from couples who were previously married under non- Islamic rites and later jointly embraced Islam, raising questions regarding the validity of their marriage under Islamic law as well as Indonesian positive law. The main issues explored are the reasons why Muslim convert couples perform tajdīd an-nikāḥ and the application of Jasser Auda’s systems theory to this practice. This research is a field study with a socio-legal approach. Data were collected through interviews and documentation involving convert couples who performed tajdīd an-nikāḥ and those who did not. The analysis employed the framework of maqāṣid al-sharī‘ah with Jasser Auda’s Systems Theory, which views legal phenomena as dynamic systems through six core principles: Cognitive Nature, Wholeness, Openness, Interrelated Hierarchy, Multidimensionality, and Purposefulness. The findings indicate that tajdīd an-nikāḥ functions not merely as a religious relegitimation of marriage, but more importantly as a holistic mechanism to restore and safeguard family welfare. Substantively, the practice realizes the objectives of maqāṣid, particularly ḥifẓ ad-dīn (preserving religion through recognition by both Islamic law and the state), ḥifẓ an-nafs (providing peace of mind and legal certainty), ḥifẓ al-‘aql (ensuring children’s access to education), and ḥifẓ an-nasl (protecting lineage and children’s rights). Through Jasser Auda’s six systemic principles, cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness, this practice effectively integrates religious legitimacy, local authority (lebé), and state administration (KUA) into a contextual solution that addresses the actual needs of society. Thus, tajdīd an-nikāḥ represents a living example of Islamic jurisprudence that is dynamic, adaptive, and oriented toward comprehensive family protection in the face of contemporary socio-legal complexities.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PRAKTIK TAJDID AN-NIKAH BAGI PASANGAN MUALAF (STUDI KASUS DI PEDUKUHAN JOMBLANG DESA DUKUHWRINGIN KECAMATAN SLAWI KABUPATEN TEGAL) (Text)
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