Analisis Kaidah Al-‘Adah Muhakkamah Terhadap Adat Larangan Perkawinan Lusan

Studi Kasus Di Desa Crabak Kecamatan Slahung Kabupaten Ponorogo

Abstract

Lusan marriage is one of the forbidden traditions in Javanese traditional marriage which is still believed by some people. Lusan marriage is a prohibition on the marriage of a third child with the first child. As happened in Crabak Village, Slahung District, Ponorogo Regency, a husband and wife were struck by a disaster in the form of death and the community associated the death because of the lusan marriage. In implementing the tradition, Islam also provides its own rules, so that the prevailing tradition does not deviate from Islamic law, in the science of ushul fiqh, tradition or customs are called Al-'Urf. In general, 'Urf is a custom that is passed down from generation to generation, which is used as one of the considerations of Islamic law. With the phenomenon that occurs in society, it is necessary to have an in-depth analysis related to the tradition of prohibiting lusan marriage, whether this transition can be categorized as 'urf or not. This study uses field research and uses a qualitative approach. The data sources needed are primary and secondary data sources, data collection methods using observation and interview techniques. Then the data is processed using the analysis of the rules of al-'adah muhakkamah or the rules of al-'urf. The results of this study state that the tradition of prohibiting marriage after marriage cannot be used as a legal basis like 'urf, because marriage after marriage is included in 'urf fasid, which is a tradition or custom that is not in accordance with or contradicts the dalil syara'. Thus, it is necessary to educate the community, especially education about marriage so that they do not easily believe in things that are considered true but in essence violate Islamic law.