ANALISIS MASLAHAH TERHADAP PELAKSANAAN NIKAH DENGAN DUA AKAD DAN DENGAN DUA WALI YANG BERBEDA DALAM PERSPEKTIF FIQIH ISLAM (Studi Kasus di KUA Kecamatan Wonokromo Kota Surabaya)

Abstract

This field research examines the implementation of marriage with two contracts and two different guardians at the KUA Wonokromo, Surabaya, from the perspective of Islamic jurisprudence and maslahah analysis. Using a qualitative approach with interviews and documentation, this study found that the KUA Wonokromo conducted the first contract with a lineage guardian (because he was known to be Muslim), but also the second contract with a judge guardian (because the family card data of the lineage guardian was recorded as Christian). Ironically, the marriage certificate only recorded the judge guardian, citing supporting documents. The study concluded that the practice of two contracts and two guardians is included in maslahah mulghah (benefit rejected by sharia), because the existence of a legitimate lineage guardian makes a judge guardian unnecessary. This action is also not in accordance with Al-Tufi's maslahah theory, because marriage is included in the category of worship, not muamalah. The recommendation is that the KUA Wonokromo should give the bride and groom time to update the administration before the contract, and only marry with the lineage guardian without a second contract. The public is also urged to immediately update their population data.