TRADISI LARANGAN PERKAWINAN SALEP TARJHE (STUDI KASUS DI KECAMATAN KETAPANG KABUPATEN SAMPANG)

Andi Alfarisi, S.H., NIM.: 21203012047 (2023) TRADISI LARANGAN PERKAWINAN SALEP TARJHE (STUDI KASUS DI KECAMATAN KETAPANG KABUPATEN SAMPANG). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The salep tarjhe type of marriage is a type of marriage that tends to be prohibited by the people of Ketapang District, especially the abangan group. Basically, this type of marriage is constructed from customary law. The salep tarjhe marriage is a cross-marriage between two couples who are related to each other. The provisions on salep tarjhe marriage are not found in Islamic law or positive law. There are various kinds of polemics that occur in every group of society because there are no provisions governing this type of prohibition, and even some groups consider it a myth. However, based on empirical facts that occur, the impact of salep tarjhe marriage occurs massively for every couple who does not comply with these rules. In order to understand the substance, impact and response of the community from each group, this research was conducted with the type of field research or case study using an empirical-sociological approach. The data collected in this study are based on observations and interviews with each group of society (abangan, santri, priyayi) as well as active actors of tarjhe ointment marriages and other supporting data. The data obtained from the field were then analyzed using three theories; first, Clifford Geerzt's trichotomy. Second, Emil Durkheim's social facts. Third, sad al-d|ari'ah Imam Ash-Shitibi. The results of this study found the fact that salep tarjhe marriages tend to be prohibited by the people of Ketapang Subdistrict, especially the abangan community, because of the real bad effects for every couple who does not comply with these rules. While based on Geertz's theoretical review, it is the abangan community that is massively affected by violating the ban. This matter they strongly believe in the existence of these rules. Meanwhile, based on Emil Durkheim's theory of social facts, salep tarjhe is included in the category of non-material social facts because salep tarjhe marriage is a representation of morals, has become a collective consciousness, is a collective representation specifically for the abangan community, and in the social flow of every event in the household will always be associated with the bad consequences of salep terjhe marriage by the community. While the review of the Sad al-d|ari'ah theory, the salep terjhe marriage is included in the third part, namely an action is more likely to have the potential for damage and danger, and is dominant in the harmful aspect according to prejudice, then the law becomes haram. However, based on the responses from the interview results from the leaders of the santri group, the type of salpe tarjhe marriage is not prohibited in Islamic law and is legal to do. so that if it is concluded based on these two views, the legal status of the salep terjhe marriage itself is makruh at-tahrim.

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