TY  - THES
N1  - Prof. Euis Nurlaelawi, M.A., Ph.D. dan Dr. Ahmad Bunyan
Wahib, MA., M.A
ID  - digilib67313
UR  - https://digilib.uin-suka.ac.id/id/eprint/67313/
A1  - Muhammad Harir Muzakki, NIM.: 18300016027
Y1  - 2024/08/20/
N2  - For Muslims, marriage should follow both Islamic law and
state law. Some of them, however, take Islamic law but leave the state
law behind. While kyai holds the authority of Islamic law and assures
that all religious marriage requirements are in existence, penghulu ? a
religion ministry representative to witness and record a marriage ? has
the one of the state?s matters. When a couple finds it impossible to
register their marriage with the state law ? represented by local
Religion Affairs Office (KUA), they go to religious law for solution
despite the potential legal problems in the future because of the
absence of the certificate.
This study aims to elucidate the followings: first, what types
of unregistered marriage are there in Pekoren society? Second, to what
extent is the shift of role and motif from unregistered-marriage doers
in Pekoren society? Third, why does Pekoren society move away from
registering their marriage? To explicate this unusual practice, a law
authority theory of Khaled Abu el-Fadel, which distinguishes the
authority in being from the authority on being to describe the authority
of kyai and penghulu, was employed. Social action theory of Max
Weber and voluntary theory of Talcott Parson were also used to
describe the role of actors involved in such marriage. Applying sociolegal
approach, this research focused on marriage law and took cases
of unregistered marriage practiced by Pekoren people. Data were
collected through interviews with a number of informants, direct onsite
observation and documentation.
The study drew some points. First, there are three types of
unregistered marriage practiced by Pekoren people: underage couples,
elderly widow-widower couples, and out-of-Rembang couples. Under
the religious values they believe and the rational considerations, the
Kyai serves as the akid during the wedding ceremony. Second, the
people, who involved in the ceremony, are the bride, the groom, the
custodian, the witnesses, and the matchmaker. Upon the couple?s
request and theological motif, kyai serving as the akid is meant to be
spared the adulterous sin. The matchmaker is responsible for the brideto-
be availability, the wedding ceremony arrangement, and the kyai or  ustadz readiness. The negotiation between the groom-to-be and the
matchmaker determines whether or not the process should go on.
Three, there are three underlying reasons behind the shift of
Pekorenians? perception of registering marriage. First, the local
government?s unregistered-marriage prohibition and its punishment.
Second, the society?s better awareness on registration. They perceive
marriage registration to be positive, and prefer KUA penghulu to kyai.
Third, the weakening role of kyai in the religious law on-being
authority. The role of kyai in this respect has increasingly been
replaced by KUA penghulu because of the possible negative impacts
of unregistered marriage. It shows that the perception of state law is in
increase but a decrease in religious law.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Otoritas Hukum
KW  -  Kyai
KW  -  Penghulu
KW  -  Kawin Sirri
KW  -  Masyarakat Muslim
M1  - skripsi
TI  - OTORITAS DALAM PERKAWINAN MUSLIM (DINAMIKA PRAKTEK KAWIN SIRRI DI MASYARAKAT PEKOREN, REMBANG, PASURUAN)
AV  - restricted
EP  - 318
ER  -