Al'aadah Muhakkamah Wa Tathbiiquha Fi Ta'yiin Al Ilzaamaat Al Maaliyyah "Uang Panai" 'Inda Mujtama' Sulawesi Al Januubiyyah

Lambajo, Sartini and , Dr. Muhammad Mu’inudinillah Bashry and , Dr. Imran Rosyadi (2018) Al'aadah Muhakkamah Wa Tathbiiquha Fi Ta'yiin Al Ilzaamaat Al Maaliyyah "Uang Panai" 'Inda Mujtama' Sulawesi Al Januubiyyah. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Islam as the religion of rahmatan lil alamin came to govern all aspects of human life. His perfect and comprehensive nature can touch all sides of human life, including in the matter of marriage and it’s ordinances. But it can not be denied that customs and local customs take part in it as a hereditary heritage. In the people of South Sulawesi there is a unique tradition called "uang panai (panai money)" as customary money that must be fulfilled by the prospective bridegroom besides dowry. This money aims to finance the wedding and as a symbol of appreciation to the prospective bride. To know the law of this problem, author uses several methods : applicative analytical methods, research propositions methods, description research methods and research methods from the historical side of panai money. This is by explaining the rules of “Al ‘Aadah Muhakkamah” and matters relating to these rules to serve as the legal basic of panai money in marriage customs in Sulsel. Then linking linking the law of the matter by mentioning the other theorem of the argument to strengthen the law achieved. The result of the author shows that the panai money does not violate the Shari'a and in line with the conditions mentioned by the scholars in the application of the rule of Al Adah Muhakkamah (Customs can be law). But this is not absolute because the purpose of panai money to some people in South Sulawesi sometimes experience a shift in meaning, which is used as a show of wealth or arena of prestige that sometimes resulted in the cancellation of a marriage and eventually led to some other kemudharatan. Under these circumstances, the existence of the panai money originally permitted in the Shari'a will change its law as forbidden when contrary to the Islamic principle in providing convenience and not burdening a person beyond his ability. Likewise contrary to the rule of Dar' al mafasid muqaddam min jalbil mashlahah (rejecting harmfull is more important than taking the goodness).

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	uang panai, south sulawesi, al 'aadah muhakkamah
Subjects:	X General Subject
Divisions:	Fakultas Pasca Sarjana > Magister Hukum Ekonomi Syariah
Depositing User:	SARTINI LAMBAJO
Date Deposited:	07 Mar 2018 01:38
Last Modified:	07 Mar 2018 01:38
URI:	http://eprints.ums.ac.id/id/eprint/60502

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