TAJDID NIKAH SEBAGAI SARANA LEGALITAS PERKAWINAN (STUDI PERAN KANTOR URUSAN AGAMA KECAMATAN MOYO UTARA KABUPATEN SUMBAWA DALAM PRAKTIK TAJDID NIKAH)

AFNAN RIANI CAHYA ANANDA, NIM. 19203010083 (2021) TAJDID NIKAH SEBAGAI SARANA LEGALITAS PERKAWINAN (STUDI PERAN KANTOR URUSAN AGAMA KECAMATAN MOYO UTARA KABUPATEN SUMBAWA DALAM PRAKTIK TAJDID NIKAH). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Tajdid means to dominate or an attempt is made to create or create something new and is known as renewal. The renewal refered to here is the renewal of marriage. In fiqh, tajdid of marriage is defined as renewing marriage. Scholars have different opinions regarding the tajdid of marriage, some allow it and some prohibit of provide certain limitations. Basically, tajdid of marriage is an effort made for prudence, beautify the marriage and improve the marriage contract. Tajdid of marriage is an alternative to add blessings and goodness in the household. Meanwhile, the tajdid of marriage that occurred in Sumbawa, especially in North Moyo District, aims to obtain the legality of marriage in accordance with positive law. Tajdid of marriage is used as a solution in legalizing unregistered marriage carried out by the community and carried out because they do not want to do isbat marriage (determination of marriage validity) in the Religious Court. Based on the description above, this thesis focuses on three problems, namely first, the background of the practice tajdid of marriage; second, the views of religious leaders regarding the practice of tajdid of marriage; and third, the steps of the Office of Religious Affairs in minimizing the practice of tajdid of marriage. The type of research used is field research with descriptive analysis and sociological approach using role theory. Data collection techniques using the method of observation, interviews and documentation. Then the data that has been collected was analyzed using a deductive descriptive method. The results of the study indicate that tajdid of marriage occurs because the role of community and religious leaders who still make tajdid of marriage a solution to legalize marriages carried out in series. The understanding of tajdid of marriage that is understood by the community so far is remarriage. This understanding was born because the community knows that so far some unregistered marriages carried out by some people can be registered at the Office of Religious Affairs after registering the marriage and carrying out the marriage contract. According to the views of religious leaders, tajdid of marriage is permissible and the first and second contracts are legal in Islam. Religious leaders usually approve the choice of a partner to perform tajdid of marriage as long as the Office of Religious Affairs agree to carry it out. Meanwhile, according to the Office of Religious Affairs, the practice of tajdid of marriage is carried out without any provisions governing the practice. So far, the Office of Religious Affairs has always refused to register marriages with the aim of conducting tajdid of marriage in order to legalize marriages. Furthermore, the steps taken by the Office of Religious Affairs in minimizing the practice of tajdid of marriage are, firstly, refusing to register marriages for perpetrators of unregistered marriages; second, delaying the time of marriage; third, obliging to pay the cost of marriage; and fourth, providing counseling and socialization to the community regarding marriage law and tajdid of marriage.

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