Rezkianoor, M. Syahriza (2018) Perkara 18 Undang-Undang Sultan Adam tentang Barambangan (Analisis Maqâshid asy-Syarî'ah). Tesis, Pascasarjana.

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ABSTRAK

The interesting thing in the history of the Sultanate of Banjar occurred during the reign of Sultan Adam. He has successfully applied an Islamic law in the land of Banjar, which he realized in Sultan Adam's Law. One of the interesting chapter to be studied is Chapter 18 on Barambangan. The concept of barambangan in this law still seems taboo, in which the law of the husband is not allowed to touch his wife during barambangan. In fact, the husband and wife who are currently in barambangan are still legally married and have rights and obligations of each, including to touch her. This is where this research conducted, it is trying to review the concept of barambangan in Chapter 18 of Sultan Adam's Law and reviewing its juridical principles from the maqâshid asy-syarî'ah perspective. The type of this research is normative legal research with conceptual and historical approach. This study also collaborated with empirical data as a support. This study uses primary, secondary, and non-legal legal materials. The technique for collecting these three legal materials are documentary and interview. Then, analyze it qualitatively, and the result is specifically concluded. The results of the study show, that conceptually, barambangan is a gap situation in marriage to determine the choice to reunite or divorce, because, between husband and wife the situation is already in a tenuous position because of household problems, and they have separated their place of residence. There are three laws in Chapter 18 of Sultan Adam's Law, namely, first, when barambangan, the husband is not allowed to touch or to invite his wife to reunite directly, however, he is ordered to immediately reconcile first, second, the reconciliation of husband and wife who do barambangan is carried out by judges (representatives of Islamic law) and relatives of husband and wife (representatives of common law), and third, when the problem of barambangan is too complicated and get deadlock, the judge will delegate to the sultan in its settlement. From the maqâshid asy-syarî'ah perspective, there are five main principles in the Chapter 18, namely, hifzh ad-dîn, hifzh an-nafs, hifzh al-'irdh, hifzh al-'aql, and hifzh an-nasl. The barambangan law in Chapter 18 is included in the level of maqâshid at-tahsîniyât and it is a form of “maslahat”, and to anticipate the “mafsadat” of Banjar society, especially for married couples who are in barambangan situations.

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