Akbar, Ali (2024) Tradisi “Bacina Buta” pada Masyarakat Banjar. Tesis, Pascasarjana.

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ABSTRAK

This research originated from an attempt to investigate the practice of nikah muhallil or “bacina buta” among the Banjar community in Hulu Sungai Selatan Regency with the aim of understanding how the implementation and legal interaction of Adat law with Islamic law towards “bacina buta” in the Banjar community. Thus, it is interesting to examine the reasons and factors causing the implementation of the tradition of 'bacina buta,' which is a custom that is still attached to the Banjar community. This type of research is empirical legal research using a socio-legal and legal anthropology approach. The chosen location is the Banjar area in Hulu Sungai Selatan Regency. The research subjects in this thesis are the Ulama, Head of the Office of Religious Affairs, and Historians/Cultural Experts related to the implementation of “bacina buta” and the interaction of Adat law and Islamic law in “bacina buta” in the Banjar community. The research objects include the implementation of legal rules, the interaction of customary and religious law with the law, and the influence of religious legal rules on specific social issues or conversely, the influence of social issues on religious legal rules. Data sources were obtained through primary data from informants and secondary data from documents related to the research. Data collection techniques include observation, interviews, and documentation. Meanwhile, data analysis will be processed qualitatively. The results show that first, the implementation of nikah muhallil at a glance does not have problems if done naturally without engineering, agreements, and wages, however, the implementation of “bacina buta” in the Banjar community is considered a family disgrace carried out openly. However, upon deeper examination, the “bacina buta” practiced by the community still has many differences of opinion among the community, scholars, and practitioners regarding this matter. Therefore, it is not clearly stated that the marriage is temporary, thus, the marriage involves deception and lies that lead to moral degradation. And secondly, the “bacina buta” carried out in the community can be categorized as Customary, the tradition of “bacina buta” in the Banjar Community and the interaction of customary law and Islamic law in this tradition can be categorized within the "Receptive Theory". If viewed from the perspective of 'Urf, the implementation of “bacina buta” by the community which is still practiced is categorized under 'Urf Fasid is 'Urf that is bad and unacceptable xx (mardud) because there is no justifying reason and contradicts the Sharia aspect of its implementation, it would be better if this were done and applied in accordance with the regulations that have been set and naturally without engineering a provision so that this is in line with the true Islamic law."

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