Janah, Siti Nurul (2022) TINGGI RENDAHNYA PENENTUAN JUJURAN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT (STUDI KASUS DI TABALONG). Tesis, Pascasarjana.

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ABSTRAK

This research is motivated because of the customs or traditions of the Banjar Indigenous people, namely the high and low determination of honesty from the family of the bride who will marry a man. The determination already has its own stratification that lives in the habits of society. With this stratification, it will be burdensome for the man who wants to propose to the woman he will marry. Because with this stratification, men will rethink their intention to marry a woman who has stratified status. In Islamic law there is no determination of honesty or social stratification, and there is no argument that discusses this. Because all humans are equal before Allah, the only difference is piety. This type of research is empirical legal research or field research by reviewing or conducting direct field interviews to find out how the practice is carried out by the community and how according to Islamic law regarding the issue of high and low determination of honesty. This study uses two approaches, namely the sociology of law approach and legal anthropology. This study resulted in the finding that people's habits regarding the high and low determination of honesty were held because to support the existence of a luxurious wedding reception and life after marriage where the money was for the bride and groom. As for the implementation of the custom of the Banjar people in Tabalong, it is about determining honesty, which has become a community custom from the first, so it is included in 'urf sahih. 'Urf is good and acceptable because it does not conflict with the Shari'a'. Customs can be used as legal considerations according to Islamic law, as long as the tradition of determining honesty is carried out with maslahah, there is nothing wrong with doing it. However, if it causes harm, this custom will not be allowed because it is contrary to Islamic law.

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