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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta
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MAK DIJUK SIANG (LARANGAN CERAI HIDUP) PADA SUKU LAMPUNG PEPADUN MARGA BUKUK JADI PERSPEKTIF MAṢLAḤAH, ‘URF DAN HAM
REZA HANAFI - Personal Name
This research aims to analyze Lampung customary legal regulations regarding the prohibition of divorce (Mak Dijuk Siang) in the Pepadun society Pubian Telu suku of the Bukuk jadi clan according to maṣlaḥah perspective, 'urf and human rights.
This research is legal anthropology research, with an empirical approach. Primary data comes from interviews and field findings research, then the data were analyzed by the relevant theories correlated with this issue such as classical books, books, journals, articles, law dictionaries, encyclopedias, and the previous correlated research in order to obtain conclusion.
The main factor of Mak Dijuk Siang custom is the high financial factor, ranging from Jujogh money to large wedding costs. The paradigm regarding the prohibition of divorce then shifted, because of the increasingly changing development of the community, marriages with indigenous peoples outside Lampung, knowledge about religion is increasingly established, and technological advances are increasingly developing. In terms of maṣlaḥah, the Mak Dijuk Siang custom is classified as maṣlahah mulghoh and also excluded from maṣlaḥah mursalah because it is not fully in accordance with Islamic law where the Mak Dijuk Siang custom prohibits divorce while in Islamic law divorce is an emergency door that can be done even though it is a hated behavior. In terms of Al-'urf, the Mak Dijuk Siang custom is not included in 'urf because this custom is contrary to Islamic teachings, so it is classified as al-'adah al-bathilah. In terms of the object of 'urf, it is 'urf 'amali. In terms of its scope, this custom is categorized as 'urf khâṣṣah, which only applies to the Lampung Pepadun tribe. In terms of international human rights and human rights in Islam, whether according to the theory of naturalism, positivism, the theory of justice, and the theory of gender discrimination, which are part of human rights, Mak Dijuk Siang is considered a violation of human rights because it prohibits divorce for humans, especially women, particularly if physical injury occurs as a result of the prohibition of divorce
This research is legal anthropology research, with an empirical approach. Primary data comes from interviews and field findings research, then the data were analyzed by the relevant theories correlated with this issue such as classical books, books, journals, articles, law dictionaries, encyclopedias, and the previous correlated research in order to obtain conclusion.
The main factor of Mak Dijuk Siang custom is the high financial factor, ranging from Jujogh money to large wedding costs. The paradigm regarding the prohibition of divorce then shifted, because of the increasingly changing development of the community, marriages with indigenous peoples outside Lampung, knowledge about religion is increasingly established, and technological advances are increasingly developing. In terms of maṣlaḥah, the Mak Dijuk Siang custom is classified as maṣlahah mulghoh and also excluded from maṣlaḥah mursalah because it is not fully in accordance with Islamic law where the Mak Dijuk Siang custom prohibits divorce while in Islamic law divorce is an emergency door that can be done even though it is a hated behavior. In terms of Al-'urf, the Mak Dijuk Siang custom is not included in 'urf because this custom is contrary to Islamic teachings, so it is classified as al-'adah al-bathilah. In terms of the object of 'urf, it is 'urf 'amali. In terms of its scope, this custom is categorized as 'urf khâṣṣah, which only applies to the Lampung Pepadun tribe. In terms of international human rights and human rights in Islam, whether according to the theory of naturalism, positivism, the theory of justice, and the theory of gender discrimination, which are part of human rights, Mak Dijuk Siang is considered a violation of human rights because it prohibits divorce for humans, especially women, particularly if physical injury occurs as a result of the prohibition of divorce
Ketersediaan
| 011/HK/2025 | 011/HK/2025 | Perpustakaan FSH Lantai 4 | Tersedia |
Informasi Detil
Judul Seri
-
No. Panggil
011/HK/2025
Penerbit
Fakultas Syariah dan Hukum : UIN Jakarta., 2025
Deskripsi Fisik
xvi,180 hal;28 cm
Bahasa
Indonesia
ISBN/ISSN
-
Klasifikasi
011/HK/2025
Informasi Detil
Tipe Isi
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Tipe Media
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Tipe Pembawa
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Edisi
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