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UIN Syarif Hidayatullah Jakarta

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TARUNG SARUNG AS A DISPUTE RESOLUTION IN BUGIS SOCIETY FROM THE PERSPECTIVE OF ISLAMIC LAW AND POSITIVE LAW

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and the value of ancestral customs in it.
This research uses qualitative research and library research that collects various laws and regulations, books and fiqh books related to the object of research with a doctrinal normative approach and sociological to examine more deeply the values that live in tarung sarung both in terms of Islamic and positive law and to explore their culture and social life that have an impact and become local customary law.
The results showed that tarung sarung is a dispute resolution in ancient Bugis society that was taken because of a protracted dispute between the two parties. When viewed from Positive law, the perpetrator of tarung sarung can be caught in several articles in the Criminal Code such as Article 184 of the Criminal Code concerning one-on-one fights whose penalties vary depending on the consequences caused, a minimum of nine months and a maximum of seven years. In addition, the perpetrator is also caught in several other articles, namely article 338 on murder, article 340 on premeditated murder and article 351 on persecution. Meanwhile, in the perspective of Islamic law, tarung sarung is contrary to the teachings of Islam which teaches peace. Tarung sarung falls into the category of intentional murder because it takes the lives of others with intention and awareness without a cause justified by sharia. The perpetrator of this tarung sarung can get qisas or diyat sanctions. Meanwhile, if the family forgives then it is enough with ta'zir.
Ketersediaan
047/PMH/2025047/PMH/2025Perpustakaan FSH Lantai 4Tersedia
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Penerbit

Fakultas Syariah dan Hukum : UIN Jakarta.,

Deskripsi Fisik

ix,66 hal; 28cm

Bahasa

Indonesia

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NONE

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