PEMBERIAN DUIT ASAP SEBAGAI ADAT PERNIKAHAN DALAM UNDANG-UNDANG SIMBUR CAHAYA PERSPEKTIF HUKUM ISLAM (STUDI DESA TAMBANGAN KELEKAR KECAMATAN GELUMBANG KABUPATEN MUARA ENIM)

Muzakki Mursyad Adib, S.H., NIM.: 20203011071 (2022) PEMBERIAN DUIT ASAP SEBAGAI ADAT PERNIKAHAN DALAM UNDANG-UNDANG SIMBUR CAHAYA PERSPEKTIF HUKUM ISLAM (STUDI DESA TAMBANGAN KELEKAR KECAMATAN GELUMBANG KABUPATEN MUARA ENIM). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The people of South Sumatra during the sultanate era had laws and regulations that once applied to the uluan (Inland) community in life, one of which was in the wedding procession. It is explained that in article 4 of the Simbur Cahaya Law, the male party must pay the money for kitchen expenditure or marriage expenditure, which is intended for the female family. One area that still carries out this custom is Tambangan Kelekar Village, that for men who want to marry women from the Tambangan Kelekar Village, they must fulfill the payment outside the dowry in the form of money known to the community today as duit asap. This study will look at why duit asap continues to exist in society, and has meaning and purpose contained in it by looking at it from the perspective of Islamic law. This research is afield researchand is descriptive-analytical in nature, namely by collecting data based on field factors regarding the custom of smoked money. Collecting data using empirical materials, namely data taken from the field by conducting interviews, observations, and documentation. Then it is analyzed qualitatively, namely describing, presenting, or explaining in depth all the problems formulated in the main problem in a firm and clear manner regarding the existence and purpose of the Shari'a in the custom of giving duit asap in the Tambangan Kelekar Village. The results of this study that the provision of duit asap still exists in the community, namely, firstly stating that the regulation is one of the regulations that can still be accepted by the community today. Second, that the giving of duit asap has values contained in it, namely social values and ethical values. The giving of duit asap is included in the category of al-'urf as-ṣaḥiḥ because it has been carried out for generations, and the benefits contained therein, with the stipulation carried out by deliberation, and there is no coercion between the two, and strengthened by the istihsan method which is something activities that are considered good in society. In terms of its validity, this custom is included in the category of al-'urf al-khᾱṣ, because it is carried out by a particular community or area (Locality). In terms of maqasid sharia, the purpose of giving this duit asap is that the sharia value in giving this duit asap is included in Ḥifẓ an-nafs and Ḥifẓ al-mal.

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