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KEWAJIBAN PELAKSANAAN TAKZIAH PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT DI DUSUN TEMON, GIRIPURWO, PURWOSARI, GUNUNGKIDUL, YOGYAKARTA
The practice of condolence visits (takziah) is a form of social interaction within Muslim communities that carries both religious and social dimensions. In Islamic law, takziah is categorized as a recommended (sunnah) act aimed at providing comfort to grieving families. However, in practice in Dusun Temon, Giripurwo, Purwosari, Gunungkidul, the implementation of takziah has shifted into a socially binding obligation, even accompanied by social sanctions for those who do not participate. This condition raises issues regarding the comparison between Islamic law and customary law in the implementation of takziah, as well as how this phenomenon can be analyzed through the perspective of Islamic legal sociology. This study is a field research using an empirical juridical approach with a descriptive-comparative-analytical nature. Data were collected through interviews, observations, and documentation, supported by literature review. The research applies the theory of Islamic legal sociology proposed by Atho’ Mudzhar, which views Islamic law as a normative doctrine, a product of thought, and a social phenomenon. This approach is used to analyze the interaction between Islamic law and customary law in the practice of takziah within the community. The results show that from the perspective of Islamic law, takziah remains a recommended (sunnah) act and is not obligatory, whereas in the customary law of Dusun Temon, it has evolved into a binding social obligation. This transformation is influenced by social solidarity values, collective culture, and the role of traditional leaders who hold authority within the community. From the perspective of Islamic legal sociology, this phenomenon reflects a dialectic between religious norms and social realities, where Islamic law adapts within social practices without entirely losing its fundamental values.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEWAJIBAN PELAKSANAAN TAKZIAH PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT DI DUSUN TEMON, GIRIPURWO, PURWOSARI, GUNUNGKIDUL, YOGYAKARTA (Text)
KEWAJIBAN PELAKSANAAN TAKZIAH PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT DI DUSUN TEMON, GIRIPURWO, PURWOSARI, GUNUNGKIDUL, YOGYAKARTA (Other)
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