The Position of Kaidah al-Ādah Muhakkamah in the Banjar Traditional Marriage Procession in South Kalimantan

Kedudukan Kaidah Al-Ādah Muhakkamah pada Prosesi Perkawinan Adat Banjar Kalimantan Selatan

Abstract

This research aims to analyze the position of the al-ādah muhakkamah rule in the Banjar traditional marriage procession in South Kalimantan. The Banjar traditional marriage procession has become the identity and identity of the Banjar community so that its existence is considered necessary to be preserved and cultivated. Among the common Banjar marriage traditions are basasuluh, batatakunan, badatang/bapara, bapayuan/bapatut jujuran, maatar jujuran/patalian, bapingit,  bapacar, badudus/bapapai, akad nikah, batamat, maarak pengantin, basusujudan and bailangan. The implementation of customary theory or the rule of al-Ādah muhakkamah in Islamic family law is very important to use, especially in some problems for which no solution is found in the classical literature of the jurists.  Understanding the application of one of the main fiqh rules will make individuals wiser in applying fiqh law, especially those related to customs or habits of the community, and more easily provide solutions to problems that continue to evolve with time, place, situation and conditions that often change. This research is a qualitative approach with data collection techniques using literature review. The results of this research show that the Banjar traditional marriage procession is generally considered permissible in Islamic law, although there are some activities that need attention such as providing piduduk, bathing in an open room without covering the aurat, determining the dowry and patalian jujuran which is high so that it becomes a barrier to marriage.