%0 Thesis
%9 Masters
%A Lista Rahmi, S.H, NIM,: 18203010002
%B FAKULTAS SYARIAH DAN HUKUM
%D 2020
%F digilib:45618
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Hukum Adat, Nikah Tandang, Aktor Kultural (Pemuka Adat)
%P 142
%T NALAR HUKUM ADAT MINANGKABAU: ATURAN NIKAH TANDANG PASCA AKAD DI NAGARI SALAREH AIA KECAMATAN PALEMBAYAN
%U https://digilib.uin-suka.ac.id/id/eprint/45618/
%X Questioning Minangkabau customs with the various types of customary  rules that are enforced in each region (nagari) which differ from one village to  another even though they are relatively close together, the rules regarding adaik  (adat) marriage for example. The difference in customary rules from one village to  another is called Adaik Salingka Nagari. The customary provisions regarding  away marriage only apply in Nagari Salareh Aia and do not apply in other Nagari,  in the regulations of an away marriage the husband is not allowed to stay with the  wife until the husband has carried out a marriage party (walimah) at his residence,  however, the husband has been obliged to provide a living which is material to the  wife. Departing from this, this research wants to find out how the form of the  implementation of an away marriage, explore the reasons for the traditional  leaders in making the rules of an away marriage and how the local community  views the rules of an away marriage.  To answer the questions above, this study uses a legal anthropological  approach with a conceptual framework. In order to identify the logic of  Minangkabau customary law regarding the practice of away marriage, which of  course cannot be separated from cultural actors or traditional leaders who have the  authority to enforce the rules of an away marriage, the author uses the power  relation theory put forward by Michel Foucault. The concept of power according  to Foucault is a dimension of relations, where there is a relationship there is  power. This research is a field research which examines in depth the traditional  leaders as primary data and is supported by other literatures as secondary data.  This study found a description of the implementation of the away marriage  tradition, namely marriages that are legally valid in religion but are not considered  legally customary if the husband has not performed walimah at his residence after  the implementation of the marriage contract and walimah at the wife's residence,  the husband may only visit during the day, there are sanctions. for parties who  violate these rules in the form of a warning from a traditional leader if the type of  violation is minor (for example, visiting the wife's house at night), but there is a  heavy sanction, namely paying an amount of Rp. 1,500,000 ,. which is given to  customary leaders (niniak mamak) and will be discarded throughout the custom, if  the couple is found to have lived together. Furthermore, what is the reason for  customary leaders to make and maintain the rules of away marriage is firstly the  rules that have been in effect since the time of their ancestors, secondly, the  wedding party (walimah) is a series of ceremonies that must be carried out by  both parties, the third is to avoid slander. and poor judgment in the society. In the  view of society, in general, economic factors are the cause of away marriages, as  well as the strong position of cultural actors in the nagari so that it provides little  opportunity for the community to reject and provide input on these customary  rules.
%Z Pembimbing : Dr. Gusnam Haris, S.Ag., M.Ag