PRAKTIK PEMINANGAN ADAT DAN SANKSI DENDA MEMBATALKANNYA MENURUT ADAT MELAYU JAMBI Studi Kasus di Kecamatatan Pauh, Kabupaten Sarolangun, Jambi

Devriansyah, S.H., NIM.: 19203012055 (2021) PRAKTIK PEMINANGAN ADAT DAN SANKSI DENDA MEMBATALKANNYA MENURUT ADAT MELAYU JAMBI Studi Kasus di Kecamatatan Pauh, Kabupaten Sarolangun, Jambi. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage proposal of a custom by the Malay community in Jambi is more popular with the term ngantar adat (delivering custom) different from a marriage proposal in general. In the ngantar adat practice that is applied in Pauh regency, the party that conducts the marriage proposal is not both parties directly, but it is delegated to indigenous figures who are trusted as spokesmen of both parties. It is because in the procession of ngantar adat, after conveying the marriage proposal, there is a ritual handover of the custom from the indigenous figures of the male side to the indigenous figures of the woman side. Then, it is followed by negotiations and customary agreements by both parties with the consequences of customary fine sanctions applied against those who cancel it. When studied, the customs practiced in the customary procession of ngantar adat and the fine sanctions applied are not specifically regulated in Islamic sharia. Therefore, this study formulated two main issues that would be discussed: why customary fine sanctions are applied to the act of cancellation of the marriage proposal, and how the relationship of Islamic law and customary law in the marriage proposal practice of Malay custom in Jambi, Pauh Regency. This research was empirical legal research using a sociological approach (socio-legal approach) aimed at studying the phenomenon and practice of institutionalization of the rule of law in the context of the mores of a society. The theories used were Emile Durkheim's sociological theory of law and the theory of the relationship of Islamic law with customary law, namely the theory of receptio in complexu and the theory of receptio a contrario. The data used were in the form of primary and secondary data collected through observation activities, interviews, documentation, and literature studies. All the collected data were analyzed qualitatively, which eventually produced descriptive analytical data. The study results showed that the marriage proposal practice of ngantar adat in Pauh Regency was taken through three stages where at each stage, there was a customary procession carried out. Customary fines were applied to those who undermined negotiations and caused the cancellation of the marriage proposal based on their own actions. The reasons and objectives of implementing customary fine sanctions were first as a preventive action to prevent and take care of both parties, secondly as a curative action to improve the condition of the parties by means of peace. And third, as an educational activity to provide lessons and warnings for all parties, including the community. The interaction or relationship of Islamic law and customary law can be seen from the stages in the ngantar adat procession practiced in Pauh Regency. It starts from nyasad activities where there was interaction in the form of cooperation, then the implementation of ngantar adat and the delivery of sekapur Siri (betel and lime offering), where there was interaction in the form of incorporation, and finally, the provision of all-thirty customary money, which was the result of interaction in the form of accommodation to fund the needs of marriage and walimah (wedding reception) as exemplified by the Prophet.

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