Pemahaman Masyarakat Desa Gembong Kecamatan Understanding of the Gembong Village Community, Kandangserang District, Pekalongan Regency, Regarding the Practice of Remarriage

Salam, Hadi Nur (2026) Pemahaman Masyarakat Desa Gembong Kecamatan Understanding of the Gembong Village Community, Kandangserang District, Pekalongan Regency, Regarding the Practice of Remarriage. Undergraduate Thesis thesis, UIN K. H. Abdurrahman Wahid Pekalongan.

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Abstract

This study aims to understand the comprehension of the people of Gembong Village, Kandangserang District, Pekalongan Regency regarding the practice of remarriage (Tajdīd al-Nikāh) and the factors influencing such understanding. The phenomenon of remarriage in this village is interesting to study because it is carried out not based on Islamic law or state regulations, but rather on customary beliefs such as errors in determining weton (Javanese birth date calculations) and the order of marriage among siblings. This research employs a qualitative approach using a case study method and a juridical-anthropological type of study. Primary data were obtained through interviews with religious leaders, traditional figures, the village head, and couples who performed remarriage. Secondary data were collected from Islamic legal literature, the Compilation of Islamic Law (KHI), and Law Number 1 of 1974 concerning Marriage. The results show that part of the Gembong Village community understands remarriage as a customary obligation to correct mistakes in timing or weton calculations, even though the previous marriage was already valid both religiously and legally. The factors influencing this understanding include the strong influence of local traditions, low legal awareness, and limited understanding of fiqh provisions and positive law. From the perspective of Islamic law, the remarriage practice carried out by the Gembong community has no shar‘i (legal) basis if the first marriage contract was valid. In the context of state law, repeating the marriage contract is only justified if the first one did not fulfill the pillars and conditions or was not officially registered at the Office of Religious Affairs (KUA). This study concludes that the practice of remarriage in Gembong Village is driven more by cultural aspects than by the provisions of Islamic or state law. Therefore, it is necessary to enhance public understanding through legal education and religious guidance so that marriage practices align with the principles of Islamic law and national regulations.

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