PLURALISME HUKUM DALAM PRAKTIK PERKAWINAN ADAT MASYARAKAT SUKU MELAYU DI PEKANBARU RIAU

Handika Purnama,S.H., NIM.: 18203010077 (2021) PLURALISME HUKUM DALAM PRAKTIK PERKAWINAN ADAT MASYARAKAT SUKU MELAYU DI PEKANBARU RIAU. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Traditional marriage processions with all kinds of uniqueness in each region, if only seen from a normative perspective, can give rise to assumptions that can actually overthrow adat, so that many of the processions are said to be unsuitable to be practiced. When examined more deeply, many of these processions are actually a form of manifestation of Islamic Law itself. This is what happens to the indigenous people of the Malay tribe who recognize the phrase "Adat bersendikan syarak, syarak bersendikan kitabullah" so that the custom referred to is the syarak itself. In the traditional Malay marriage procession, there are also several processions that represent Islamic marriage law such as merisik, meminang and several other processions. This research focuses on the study of the uniqueness of the traditional Malay marriage procession from a different perspective, as well as the form of interaction that occurs between Islamic law and customary law in each process. This study uses a sociology of law approach to understand how society maintains its high values through a process of legal social control. This type of research is field research (field research), which is one of the methods of data collection in qualitative research by going directly to the field to find information at the research location in order to obtain the required data. The data were collected using the method of observation, interviews and documentation, then the conclusion was drawn inductively. The results of this study converge on two conclusions, namely (1) Riau Malay Marriage Customs are influenced by the culture of immigrant tribes and nations and have merged and united with the Riau Malay culture and customs which sing Syara 'and Kitabullah. The stages of the traditional Malay marriage procession are also very complex, starting from the pre-contract stage, the marriage contract to the postcontract stage. (2) The dialectic of customary law and Islamic law in traditional Malay marriages is indeed very close and can be felt as a dialogical and harmonious relationship. The legal system operates functionally in the midst of society without neglecting other legal systems so that it has its own portion in every existing procession

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