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TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP TRADISI LARANGAN PERNIKAHAN ANTAR WARGA DESA DI DESA BAMBANG DAN DESA KEMLAGIGEDE KECAMATAN TURI KABUPATEN LAMONGAN
This study discusses the prohibition of inter-village marriages between residents of Bambang Village and Kemlagigede Village. In general, Islamic law and positive law only regulate prohibitions on marriage based on blood relations, marital relations, and fosterage. They do not mention any prohibition based on geographical differences. However, the communities in these two villages uphold a local tradition that forbids marriages between their residents. This marriage prohibition has been upheld for generations and continues to be strongly observed by the local people. This research is a field research that is descriptive analysis. Data collection techniques are carried out through interviews and documentation. The research approach uses the sociology approach to Islamic law. Data analysis used is an inductive qualitative data analysis. This study aims to describe the tradition of marriage prohibition between villagers and analyze them using the theory of Islamic study with the sociological approach by Atho' Mudzhar, especially about the influence of the structure and change of society on understanding religious teachings, and the level of religious practice of society, and also the theory of social facts by Emile Durkheim as a supporting theory. The results showed that the tradition of marriage prohibition between villagers was based on past conflicts which eventually forbade them to get married. Confidence in the prohibition continues to be held by the community, raises fear of disaster when it violates them, and has become a habit carried out by the community and is considered difficult to leave. The tradition of marriage prohibition between villagers reflects the dialectics between religious texts and social contexts, where local traditions that regulate the collective behavior of society are stronger than religious law and positive law. The tradition is external, forced, and has been rooted in the collective awareness of the community, maintained with a strong social mechanism that has a serious challenge for the enforcement of the principles of marriage prohibitions according to Islamic law and positive law.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP TRADISI LARANGAN PERNIKAHAN ANTAR WARGA DESA DI DESA BAMBANG DAN DESA KEMLAGIGEDE KECAMATAN TURI KABUPATEN LAMONGAN (Text)
TINJAUAN SOSIOLOGI HUKUM ISLAM TERHADAP TRADISI LARANGAN PERNIKAHAN ANTAR WARGA DESA DI DESA BAMBANG DAN DESA KEMLAGIGEDE KECAMATAN TURI KABUPATEN LAMONGAN (Other)
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346.01 Hukum Keluarga - Hukum Pernikahan