Al-Rasikh : Jurnal Hukum Islam
Vol. 13 No. 1 (2024): July

FENOMENA PEMBERIAN MAHAR UNIK PADA MASYARAKAT MUSLIM SASAK DI TINJAU DARI PLURALISME HUKUM

Yusuf, Muhammad Affandi (Unknown)



Article Info

Publish Date
16 Jul 2024

Abstract

This research is motivated by the unique phenomenon of giving dowry to the Sasak Muslim community, namely in the form of dowry giving grilled chicken, sandels, shrouds, google endsense. Looking at the phenomenon that occurs, it is necessary to look at the concept of giving dowry in Islamic law, and customary law, and then how the legitimacy of giving a unique dowry in Islamic law and customary law is justified. This research is a type of library research (literature study) which is qualitative in nature with a normative-empirical approach. The arguments presented in this study use legal pluralism analysis. Legal pluralism, according to MB Hooker, is a situation characterized by the coexistence of two or more legal systems that interact with each other in the process of legal modernization in a country. Legal pluralism is neutral in nature, meaning that in its interaction there are no forces that dominate each other or are superior to the other. In the case of giving unique dowry, it can be seen that there are no laws that dominate each other, but what is a factor in the legitimacy of the unique dowry is the willingness of women to receive the dowry in accordance with Islamic law or customary law that applies to the Sasak tribal community.

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Journal Info

Abbrev

rasikh

Publisher

Subject

Religion

Description

Journal of al-Rasá¿‘kh, is a journal published by the department of Shariah at Darullughah Islamic Institute Waddawah Bangil Pasuruan. This journal is published twice a year, November and July. Journal Al-Rasikh is a journal that accommodates several articles either the results of research or the ...