TRADISI PERKAWINAN MOMBOLASUAKO PADA MASYARAKAT SUKU TOLAKI PERSPEKTIF MAQASID AL-SYARI’AH

Panji Nurrahman, S.H., NIM.: 20203012053 (2022) TRADISI PERKAWINAN MOMBOLASUAKO PADA MASYARAKAT SUKU TOLAKI PERSPEKTIF MAQASID AL-SYARI’AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Mombolasuako marriage is a marriage carried out in which a man and a woman who want to marry together run away from the house and go to the village priest's house with the intention of asking for marriage without the knowledge of their parents. Mombolasuako's marriage was motivated by various factors such as the absence of consent from parents, saving time and money, and because there was coercion from one party. Mombolasuako marriage has many impacts on people's lives, such as; can cause homicide between male and female families, causing the relationship between parents and their children to be disharmonious. So that in the life of the Tolaki tribe, the marriage of mombolasuako becomes a debate whether this form of marriage is in accordance with Islamic law and whether such marriage is legal or not. Departing from this explanation, the author is interested in researching more deeply related to mombolasuako marriage with the focus of the research, namely; how is mombolasuako marriage in Tolaki tribal community in Lamendora Village, how is maqa>s}id al-syari'ah review of mombolasuako marriage in Tolaki tribal community in Lamendora Village. This type of research is field research and is descriptive-analytical. This study uses a normative research approach using the theory of maqas>i}d al-syari’ah. Data collection in this study was done by observation, interviews, and documentation. Then the data that has been collected was analyzed using the data analysis method of the Miles and Huberman model, namely; data reduction, data display, and drawing conclusions. The results showed that mombolasuako marriage is a form of marriage that violates Tolaki customary law because in the process it does not follow the stages in the normal marriage process. The factors that cause mombolasuako marriage are; not getting permission from parents, speeding up marriage, saving time and money, getting pregnant out of wedlock, lack of understanding about marriage, and because there is coercion from one party. Mombolasuako marriage has many negative impacts, such as; causing murder between male and female families, the perpetrators of mombolasuako marriages do not get good treatment from the community, the relationship between parents and their children who do mombolasuako marriages is not harmonious. To prevent this impact, the Tolaki customary law regulates the stages in resolving the problem of mombolasuako marriage, which include; the molomba o biri stage, the mesokei stage, and the mowindahako stage. Mombolasuako marriage is legal if the marriage is carried out by fulfilling the pillars and conditions of marriage in accordance with what is regulated in Islamic law. Meanwhile, based on the theory of maqa>s}id al-shari'ah, mombolasuako marriage is considered to cause more harm than benefit.

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