LARANGAN PERKAWINAN SESUKU DALAM TINJAUAN MAQASID SYARI’AH ASY-SYATIBI (STUDI PADA SUKU KOTO, NAGARI KAPAU)

Ade Saputra, S.H., NIM.: 19203012046 (2023) LARANGAN PERKAWINAN SESUKU DALAM TINJAUAN MAQASID SYARI’AH ASY-SYATIBI (STUDI PADA SUKU KOTO, NAGARI KAPAU). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

	Text (LARANGAN PERKAWINAN SESUKU DALAM TINJAUAN MAQAṢID SYARI’AH ASY-SYAṬIBI (STUDI PADA SUKU KOTO, NAGARI KAPAU)) 19203012046_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Restricted to Registered users only Download (5MB) | Request a copy
	Text (LARANGAN PERKAWINAN SESUKU DALAM TINJAUAN MAQAṢID SYARI’AH ASY-SYAṬIBI (STUDI PADA SUKU KOTO, NAGARI KAPAU)) 19203012046_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf Restricted to Registered users only Download (5MB) | Request a copy

Abstract

In the custom of the Koto tribe, members of their people are not allowed to marry someone from the same tribe. Whereas in Islamic law, this provision is not included in the group of people who are forbidden to marry. To understand this, the author reviews the custom of tribal prohibition in the view of Maqaṣid sharia proposed by Imam Ash-Syaṭibi. As well as exploring the values contained in the customary prohibition of tribal marriage. This research is empirical research using an Islamic legal approach in the form of descriptive analysis. Primary data is taken from interviews with wali nagari Kapau (local government), 2 ninik mamaks (tribe leader) of Koto tribe, and 1 bundo kanduang of Koto tribe in Kapau. Maqaṣid sharia emphasizes that the sharia stipulated by Allah aims at the benefit of creatures. In the context of couples, mahram is the initial benchmark for knowing the limits set by Allah. The benefit can be seen when digging deeper into understanding the value contained in the verses of the Quran. Based on a review of the Quranic verses that show the discussion of mahram in marriage, there is no tribal group as a mahram. However, in establishing the customary prohibition of tribal marriage, the Koto tribe in Kapau village does not absolutely prohibit its children from marrying someone who has the same tribe. The prohibition is an appeal, because the teachings of Islam are the main guidance and source of qaṭi law in making decisions. The prohibition is based on prudence because in the past the children of the Koto tribe have been bound by sibling relationships. This is also coupled with the integrity of the Koto tribe to this day. Based on the in-depth study, it is known that the benefit values in the prohibition are: avoiding the possibility of marrying a mahram; creating peace and order in the social system; maintaining the honor of family members; maintaining harmony, fertility and welfare of offspring; and expanding kinship relations.

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