Reassessing Tajdid An-Nikah

Maqashid Sharia and Legal Status of Illegitimate Children in Central Lombok

Abstract

The practice of tajdid an-nikah (renewal of marriage) within the framework of Maqhasid Sharia presents significant issues in Islamic law, particularly concerning legitimizing the lineage (nasab) of children born outside of marriage. In Islamic law, a couple involved in adultery can validate their relationship post-birth of a child through tajdid an-nikah to establish legal paternity. Although this practice aims to fulfill Maqhasid Sharia objectives, such as preserving religion and lineage, it introduces various social, ethical, and legal challenges. This study aims to evaluate the social, moral, and legal ramifications of tajdid an-nikah and assess its alignment with the core principles of Maqhasid Sharia, namely, the preservation of religion, lineage, intellect, and property. Additionally, it examines local perceptions in Central Lombok regarding tajdid an-nikah and the Islamic understanding of children born outside of marriage. The research employs a combination of literature review, field investigations, document analysis, and interviews with Islamic law experts and local religious leaders, using an analytical descriptive method grounded in Islamic legal principles. The findings reveal the complexities associated with tajdid an-nikah. While the practice supports Maqhasid Sharia goals such as preserving lineage and religion, issues such as the ambiguity in confirming legitimate lineage and potential social repercussions highlight the need for further study. This research advocates for continued exploration and discussion on how tajdid an-Nikah can be effectively integrated within an Islamic legal framework that respects Maqhasid Sharia values, justice, legal certainty, and social welfare.