PENGEMBALIAN UANG JUJURAN DALAM PERCERAIAN QOBLA AL DUKHUL (STUDI KASUS DI DESA BUSUI KECAMATAN BATU SOPANG KABUPATEN PASER PROVINSI KALIMANTAN TIMUR)

Siti Mardiah, NIM.: 21203011060 (2025) PENGEMBALIAN UANG JUJURAN DALAM PERCERAIAN QOBLA AL DUKHUL (STUDI KASUS DI DESA BUSUI KECAMATAN BATU SOPANG KABUPATEN PASER PROVINSI KALIMANTAN TIMUR). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the tradition of the Busui village community, the jujuran (marriage gift) holds an important position as a symbol of appreciation and commitment from the groom’s side in marriage. Although legally different from the Islamic mahr, jujuran is often perceived as socially and customarily equivalent. However, in cases of divorce qobla al-dukhūl (before consummation), there is a practice of returning the jujuran by the bride’s family. This phenomenon raises questions regarding the social and legal basis underlying such practice. This study aims to answer two research questions: (1) What are the reasons behind the return of jujuran in cases of divorce qobla al-dukhūl in Busui Village? and (2) How is the practice of returning jujuran analyzed through the perspective of qiyās theory in Islamic law? The research employs a qualitative approach with a field research design. Data were collected through in-depth interviews with customary leaders, former spouses, and local community members, supported by library research on Islamic and customary law. he findings reveal that returning jujuran is not a customary obligation but is carried out based on moral considerations, social justice, and the effort to maintain family harmony. This phenomenon can be explained through three theoretical perspectives. First, the theory of justice, in which returning jujuran is seen as a fair distribution of rights and obligations, ensuring no party is disadvantaged. Second, Max Weber’s theory of rationality, where the practice is both zweckrational (aimed at compensating the groom’s financial loss) and wertrational (valuing family honor and social harmony). Third, the theory of reciprocity, which highlights that the giving of jujuran creates a social bond between families, and its return serves as a mechanism to restore social balance when the marriage is annulled. In Islamic law, this practice can be explained through the method of qiyās, as it shares the same ‘illat with the return of mahr in qobla al-dukhūl divorce. Thus, qiyās bridges customary practices and Islamic principles, reinforcing both justice and social solidarity in the community.

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