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All Journal AL GHAZALI: Jurnal Pendidikan dan Pemikiran Islam AL GHAZALI: Jurnal Pendidikan dan Pemikiran Islam Suluah Pasaman
Norcahyono Norcahyono
Universitas Muhammadiyah Palangka Raya, Indonesia
Religion Humanities Education Languange, Linguistic, Communication & Media Social Sciences Other

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The Progressivity of Islamic Law in the Tradition of Marriage Conditions: An Analysis of the Practice of Planting Durian Trees in Tompo Bulu Village, South Sulawesi Dian Purnamasari; Norcahyono Norcahyono; Ranti Suminar Endah
AL GHAZALI: Jurnal Pendidikan dan Pemikiran Islam Vol. 6 No. 3: Mei-Juni 2026
Publisher : Sekolah Tinggi Agama Islam Al-Jami Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69900/ag.v6i3.600

Abstract

This study examines the legal progressivity of the obligation to plant durian trees as a condition of marriage, formalized through Village Regulations No. 05/2022 and No. 17/2022 in Tompo Bulu Village, South Sulawesi. In practice, these Village Regulations impose sanctions on prospective brides and grooms who do not comply with the regulation, granting the village imam the authority to refuse to perform a marriage, thus creating direct tension with the pillars and requirements for valid marriage according to the fiqh of munakahat. This study aims to analyze the legitimacy of the Village Regulation's Siyasah Syar'iyyah (Islamic principle), the legal implications of the mechanism for rejecting a marriage contract, and the philosophical values ​​of the tradition of planting durian trees. Using empirical legal research methods and a legal anthropology approach, data were collected through in-depth interviews, field observations, and documentary studies of two relevant Village Regulations. The most important finding of this study is that to date, there has never been a single case of rejection of a marriage contract. 98 percent of village residents voluntarily fulfill the obligation, while the remaining two percent are residents who married outside the village's jurisdiction, making the Village Regulation legally inapplicable to them. This proves that sanctions function as a deterrent mechanism, not as an instrument of punishment.
The Progressivity of Islamic Law in the Tradition of Marriage Conditions: An Analysis of the Practice of Planting Durian Trees in Tompo Bulu Village, South Sulawesi Dian Purnamasari; Norcahyono Norcahyono; Ranti Suminar Endah
AL GHAZALI: Jurnal Pendidikan dan Pemikiran Islam Vol. 6 No. 3: Mei-Juni 2026
Publisher : Sekolah Tinggi Agama Islam Al-Jami Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69900/ag.v6i3.600

Abstract

This study examines the legal progressivity of the obligation to plant durian trees as a condition of marriage, formalized through Village Regulations No. 05/2022 and No. 17/2022 in Tompo Bulu Village, South Sulawesi. In practice, these Village Regulations impose sanctions on prospective brides and grooms who do not comply with the regulation, granting the village imam the authority to refuse to perform a marriage, thus creating direct tension with the pillars and requirements for valid marriage according to the fiqh of munakahat. This study aims to analyze the legitimacy of the Village Regulation's Siyasah Syar'iyyah (Islamic principle), the legal implications of the mechanism for rejecting a marriage contract, and the philosophical values ​​of the tradition of planting durian trees. Using empirical legal research methods and a legal anthropology approach, data were collected through in-depth interviews, field observations, and documentary studies of two relevant Village Regulations. The most important finding of this study is that to date, there has never been a single case of rejection of a marriage contract. 98 percent of village residents voluntarily fulfill the obligation, while the remaining two percent are residents who married outside the village's jurisdiction, making the Village Regulation legally inapplicable to them. This proves that sanctions function as a deterrent mechanism, not as an instrument of punishment.
Local Wisdom Parbukalo Minangkabau Ethnic Marriage Agreement In Islamic Legal Perspective Yusrial Yusrial; Junaidi Junaidi; Norcahyono Norcahyono; Indra Bachri; Muhammad Faruq Amarullah al Husni; Novis Indra
Suluah Pasaman Vol 4 No 1 (2026): April
Publisher : Sekolah Tinggi Agama Islam YDI Lubuk Sikaping

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70588/suluahpasaman.v4i1.975

Abstract

Local wisdom is a cultural advantage of the local community. Minangkabau is one of the regions that has a variety of local wisdom, both in terms of culture and belief. One of the local wisdoms in Minangkabau is known as parbukalo. This research aims to analyze how Islamic law views the phenomenology of ethnic marriage culture in Minangkabau. This research uses a qualitative method with a content analysis approach, all data is taken from various sources sourced from classical scriptures, books, theories and opinions of ushul fiqh experts. The results of the analysis show that the Cultural Phenomenology of Ethnic Marriage in Minangkabau is not valid according to Islamic Law. Thus, the Parbukalo is not obligatory to be implemented because it is not in line with Islamic Shari'ah. The results of this study can be used as preliminary data for subsequent researchers in studying this problem in different contexts and issues.
Co-Authors Dian Purnamasari Indra Bachri Junaidi Junaidi Muhammad Faruq Amarullah al Husni Novis Indra Ranti Suminar Endah Yusrial Yusrial