Rahmi Hidayati Al Idrusiah
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TRADISI JUJURAN DALAM PERNIKAHAN ADAT BANJAR PERSPEKTIF MAQASHID SYARIAH DI KECAMATAN BETARA KABUPATEN TANJUNG JABUNG BARAT Nurhayati; Rahmi Hidayati Al Idrusiah; Hermanto Harun
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 01 (2026): Volume 11 No. 01, Maret 2026 Release
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i01.43100

Abstract

This study aims to understand and analyze in depth the tradition of jujuran in Banjar traditional weddings from the perspective of maqashid sharia in Betara District. The purpose of this study is to determine whether the jujuran tradition aligns with maqashid sharia and to examine the positive and negative impacts contained within the jujuran tradition. This is a qualitative study using a field approach conducted in Betara District, West Tanjung Jabung Regency. Data collection techniques include observation, interviews, and documentation. The hypotheses in this study are: (1) the existence of a custom of carrying out the jujuran tradition in Banjar society, (2) the legal status of the jujuran tradition from the perspective of maqashid sharia, and (3) the positive and negative impacts of the jujuran tradition. Hypotheses were tested using descriptive analysis by grouping and interpreting data. This research yields three results, namely: (1) the occurrence of the practice of jujuran in Betara District, which can be categorized as urf sahih as long as it does not cause a burden (musyaqqah) for the groom, (2) maqashid sharia with the practice of jujuran has an important functional relationship to the protection of the five main elements of sharia (al- daruriyyat al-khamsah), as long as it does not cause a burden for the groom, (3) there are positive impacts that bring benefits to both families, however, negative impacts on the practice of jujuran will occur when it is not implemented proportionally. The conclusion of this research is that the practice of the jujuran tradition can still be carried out, because it has an important functional relationship to the protection of the five main elements of sharia (al- daruriyyat al-khamsah) by placing custom as a means of realizing the sacred purpose of marriage. However, it is necessary to continue to internalize the values of deliberation in the jujuran tradition to ensure that the practice remains within the corridor of benefits that are in line with the spirit of Islamic law. Furthermore, moderation is necessary so that traditions continue to function as instruments of glorification without neglecting the principle of convenience (taysir)
Islamic Legal Review of The Renewal of Marriage Contracts for a Husband and Wife Post a Triple Divorce Outside a Religious Court Aris Hafizallah; Rahmi Hidayati Al Idrusiah; Husin Bafadhal
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3269

Abstract

This study examines the practice of tajdidun nikah (marriage renewal) following triple talak pronounced outside the Religious Court in Pamenang Barat District, Merangin Regency, Jambi Province. Using a qualitative field research approach, data were collected through semi-structured interviews with four couples who performed tajdidun nikah and local religious figures who facilitated the ceremonies, supplemented by participant observation and documentation. The findings reveal that the practice is primarily triggered by emotional talak uttered during marital conflicts rooted in economic pressure, infidelity, and misunderstanding. The renewal process involves family mediation, a solemn oath of repentance, and the repetition of ijab-qabul before a local religious figure, without involvement of the Office of Religious Affairs (KUA) or the Religious Court. The community perceives this practice as a form of ihtiyath (precaution) to preserve marital sanctity and protect children from neglect. However, the practice contradicts both classical Islamic jurisprudence regarding talak ba'in kubra and Indonesian positive law, which mandates judicial divorce. This study recommends intensified legal socialization by religious authorities to bridge the gap between community practices and formal legal frameworks.