WALI NIKAH DALAM KOMPILASI HUKUM ISLAM PERSPEKTIF MASYARAKAT DESA CATURTUNGGAL KECAMATAN DEPOK KABUPATEN SLEMAN

MUGHNI LABIB ILHAMUDDIN IS ASHIDIQIE,, NIM. 18203010140 (2021) WALI NIKAH DALAM KOMPILASI HUKUM ISLAM PERSPEKTIF MASYARAKAT DESA CATURTUNGGAL KECAMATAN DEPOK KABUPATEN SLEMAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage guardian is one of marriage pillars that must be fulfilled by the Indonesian muslim community when they want to perform a marriage. However, this pillar has been a discrimination issue. This is understandable as the entitlement is only reserved for a man. It is mentioned in Article 20 Paragraph (1) from the Compilation of Islamic Laws, stating that "The person acting as marriage guardian is a man who meets the criteria of Islamic laws, including muslim, akil, and balig". This has served as the basis for this research which attempted to explore the discrimination issue from the perspective of society, with its discussion focused on how the society views the provisions of marriage guardian as mentioned in Article 20 Paragraph (1) from the Compilation of Islamic Laws and what serves as the basis for the construction of such view. In order to explore the discrimination issue from the perspective of society, the author used Peter L. Berger's social construction theory to analyze the society’s perspective. Thus, sociological approach and field research type, as well as descriptive-explorative qualitative method were considered relevant for investigating the provisions of marriage guardian from the perspective of society. Furthermore, all informants in this research were selected using purposive sampling technique. The results of this research consisted of: First, there were two different views regarding the provisions of marriage guardian, non-discrimination and discrimination views. The non-discrimination view was the dominant one, which was 79%. In other words, the majority of informants did not feel discriminated against by the provisions of marriage guardian in the KHI. Meanwhile, the discrimination view was 21% of the total informants. Second, by using dialectical patterns (externalization, objectivation, and internalization) in social construction theory, the basis for the construction those who thought they were not discriminated against by these provisions was because they were well-equipped with knowledge of Islamic law (marriage guardian) of Caturtunggal Village society, whose ontology was known and taught by the society, and then institutionalized to made it an objective social order with its own legitimacy. In other words, the reality existing in Caturtunggal Village society in practicing marriage guardianship which could only done by a man was guided by their a priori knowledge. Meanwhile, for the discrimination view, by using the above dialectical patterns, it can be said that although they had the desire to acts as marriage guardian, their basic construction of view was influenced by the conditions of the surrounding society.

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