KONSTRUKSI PERKAWINAN ENDOGAMI SEBAGAI LIVING LAW PERSPEKTIF MAQASID SYARI’AH JASSER AUDA

Abstract

Endogamous marriage is a marital practice carried out within specific social groups, kinship circles, or families that is still upheld by some Indonesian communities as a tradition passed down from generation to generation. This practice not only serves as a mechanism for preserving culture and kinship ties but has also evolved into a living law that exerts social cohesion within the community. This study aims to analyze endogamous marriage as a living law and to examine its compatibility with Jasser Auda’s perspective on Maq??id Syar?‘ah. This study employs a normative legal research method using a conceptual approach and a statutory approach. The data sources used consist of primary, secondary, and tertiary legal materials analyzed using a descriptive-analytical method. Research findings indicate that endogamous marriage is a form of living law that is actively practiced and adhered to by the community because it is viewed as capable of preserving lineage, strengthening family solidarity, safeguarding family assets, and preserving cultural identity. In Islamic law, this practice does not contradict Sharia as long as it is conducted outside of prohibited marital relationships and fulfills the conditions and pillars of marriage. Based on Jasser Auda’s perspective on Maq??id Syar?‘ah, endogamous marriage is acceptable if it achieves public interest in the aspects of protecting religion, life, intellect, lineage, and property. However, its implementation must still respect individual rights, reproductive health, and the principle of justice. Therefore, endogamous marriage, as a living law, is conditional that is, as long as it aligns with the primary objectives of Islamic sharia in realizing human welfare.