TRADISI LARANGAN PERKAWINAN BAGI ANAK PERTAMA PADA MASYARAKAT DESA CANDIREJO KECAMATAN PONGGOK KABUPATEN BLITAR

GHAZIAN LUTHFI ZULHAQQI, NIM. 18203011012 (2020) TRADISI LARANGAN PERKAWINAN BAGI ANAK PERTAMA PADA MASYARAKAT DESA CANDIREJO KECAMATAN PONGGOK KABUPATEN BLITAR. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The prohibition of marriage in Islam is generally divided into two types, which are permanent prohibitions (muabbad) and temporary prohibitions (muaqqat). Both have certain subjects and causes gathered which make marriages are prohibited/haram to be done. However, in the Muslim communities of Candirejo village Ponggok District Blitar Regency, there is a kind of prohibition of marriage that is outside of the classification of the prohibition in Islam which originated from the customary norms ban the first child to marry a person who has only one parent. Deviations from this tradition are believed to bring bad myths. The fact that the majority of the Candirejo society is Muslim and has its own marriage mechanism, to be one of the main points to be analyzed regarding the relations between customary law and Islamic law in the practice of prohibition of marriage. Moreover, the other focus of this research is the social process that occurs so that the avoidance of this type of marriage becomes a tradition or customary rules and also the practice of this tradition on a practical level in the society. The research used sociology of law approach to explain a marriage law at a practical and empirical level. This research is a qualitative field research aimed at describing a married practice for the first child because of the incompleteness of parents and customary law relations with Islamic law in the practice of this tradition. The data is collected using observation methods, interviews and documentation and then withdrawal of the conclusion inductive. This study resulted in two conclusions, they are (1) the tradition that is in the society of the village of Candirejo Ponggok District Blitar Regency is sourced from the titen, including in the unwritten Javanese primbon and it is formed from a social construction that occurs through externalization and objectivity as an objective reality and internalized in society as subjective reality. The existence of Pujangga or the manten shamans, the role of parents, the myth and the absence of contra narrative of religious figures and non-indigenous peoples are the 4 main factors behind the success of this tradition retain its existence. (2) The dialectic between customs and Islamic law runs functionally, integrally and without conflict, not as in the theory of Receptie, Receptio in Complexu or Receptio a Contrario which says that two law systems are unlikely to be applied in tandem. The relationship ultimately raises one that is more dominant, namely the customary law that is seen from: the addition of the type of marriage prohibition and there is a obligation to submit a trustee (wali) to another person for the customs offenders to avoid the bad myths, so it can be concluded that the customary law element of coloring Islamic marriage, but not otherwise.

Item Type: Thesis (Masters)
Additional Information: Dr. AHMAD BUNYAN WAHIB, M. Ag., M.A.
Uncontrolled Keywords: Legal Relations, Prohibition of Marriage, Custom
Subjects: Ilmu Hukum
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Drs. Mochammad Tantowi, M.Si.
Date Deposited: 25 Oct 2021 11:09
Last Modified: 25 Oct 2021 11:09
URI: http://digilib.uin-suka.ac.id/id/eprint/45867

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