PRAKTEK PEMBERIAN UANG PANAI DI MASYARAKAT KELURAHAN BENTENG KECAMATAN PATAMPANUA KABUPATEN PINRANG (SEBUAH KAJIAN YURIDIS EMPIRIS)

Fitrah Mulia Nur, NIM.: 19103040108 (2023) PRAKTEK PEMBERIAN UANG PANAI DI MASYARAKAT KELURAHAN BENTENG KECAMATAN PATAMPANUA KABUPATEN PINRANG (SEBUAH KAJIAN YURIDIS EMPIRIS). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Mahar is one of the conditions or pillars of a marriage in the Compilation of Islamic Law, it has been explained about what dowry is. Article 30 says that "The prospective groom is obliged to pay the dowry to the prospective bride, the amount, form and type agreed by both parties". In Article 31 "Determination of dowry is based on simplicity and convenience recommended by Islamic teachings". In practice, the dowry varies from one place to another, and apart from the dowry, there are several payments according to customary provisions that must be paid. One of them is the payment of Uang Panai which is a custom from the Makassar Bugis tribe and is practiced by the people of the Benteng Village, Patamanua District, Pinrang Regency. This research wants to examine the practice of paying dowry and the community's response to Uang Panai and the impact of Uang Panai on marriage. The formulation of the problem drawn from this research is, how is the practice of giving money panai in the people of Benteng Village, Patampanua District, Pinrang Regency? and is the practice of giving Uang Panai in the community of Benteng Subdistrict, Patampanua District, Pinrang Regency in accordance with the principles of marriage in Islam, namely ability and convenience? This research is a research with empirical juridical approach. This research is based on primary data in the form of interviews and questionnaires. Interviews were conducted with 8 (eight) people consisting of traditional stakeholders and the people of Benteng Village who are married. While the questionnaire was carried out by distributing questionnaires to the people of the Benteng Village, male and female who were not married. This research provides some of the first conclusions for the Bugis community, especially in the Benteng Village, who still apply the practice of giving Uang Panai because they regard Uang Panai as a mandatory condition that must exist in a marriage where if Uang Panai cannot be paid, the marriage is annulled. Second, there are two responses from the community towards the practice of giving Uang Panai. There are those who accept it on the grounds that it is a custom passed down from their ancestors and must be maintained, while those who refuse think that the existence of Uang Panai makes it difficult for them to get married. Third, the practice of giving a large amount of Uang Panai makes it difficult for some people to perform marriage ceremonies, moreover men feel burdened and unable to pay the amount of Uang Panai requested. The impact of that incident caused several marriages to be postponed, canceled and even many unmarried women were old. Based on this, the provisions for paying Uang Panai are not in accordance with the principles of marriage in Islamic law, namely ease and ability.

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