TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK MBANGUN NIKAH DI DESA BONDOWOSO KECAMATAN MERTOYUDAN KABUPATEN MAGELANG

Laila Auliyatul Faizah, NIM.: 20103050016 (2024) TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK MBANGUN NIKAH DI DESA BONDOWOSO KECAMATAN MERTOYUDAN KABUPATEN MAGELANG. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage is a strong contract outwardly established by a man and a woman as a married couple. The purpose of marriage is to form a happy and eternal family based on the divinity of the Almighty. However, achieving the goal of marriage is not easy, this is marked by the number of divorces that still occur, especially in Magelang. Based on databooks, Magelang is the area with the highest living divorce rate in Central Java. In the midst of the highest number of living divorces, Mertoyudan has its own way of reducing divorce, especially in Bondowoso Village, namely with the tradition of building marriage. This tradition is carried out if problems are found in the household such as not feeling peaceful, love fades, and difficulty getting sustenance. The success of this hereditary custom has quite an effect on household harmony after problems. The law against mbagun nikah in Islam has no nash that governs, nor is the positive law of the Indonesian state. This study was conducted to find out how the review of Islamic law and positive law of the Indonesian state in the practice of the mbangun nikah tradition. Field research conducted in Bondowoso Village, Mertoyudan District. This research uses qualitative methods normative-sociologis that are descriptive-analytic, namely describing the object of research through real data in the form of narratives by analyzing using urf theory and maṣlaḥah mursalah in problem solving. Data collection techniques used in this research are interview, observation and documentation. The data was then analyzed based on the descriptive analysis method. The results of the research conducted showed that the practice of building marriage that occurred in Bondowoso Village, Mertoyudan District, Magelang Regency was carried out with Islamic principles and did not violate the rules of Islamic law or positive law. This is because the traditional procession of mbangun nikah is essentially the giving of advice by scholars before and after the implementation of mbangun nikah to maintain mutual harmony in households that previously had problems and wanted to return to living a harmonious household, then continued giving gifts to the wife.

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