TRADISI POLALANTA DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (STUDI KASUS DI DESA KOMBUTOKAN KECAMATAN TOTIKUM KABUPATEN BANGGAI KEPULAUAN)

Abstract

In this study, the author discusses the problems that occur in the community of Kombutokan Village, Totikum District, Banggai Islands Regency. In that society there is a custom which is often called Polalanta. In practice, polalanta has a lot of impact. Based on this, the author feels the need to research this. To examine this, the author formulates a problem, namely how the practice of polalanta occurs and whether the practice of polalanta is justified in the view of Islamic law and positive law. To answer this, the author uses a qualitative type of research. The data collection procedure used is the interview and documentation method. Based on these efforts, the results showed that polalanta is the separation of a husband and wife by one partner leaving the other partner due to a problem and carried out before the fall of divorce so that they are still in a legal marriage bond.  The actions in polalanta belong to the category of nusyuz. So it can be said that polalanta is the same as nusyuz. Meanwhile, Islamic law and positive law do not want the occurrence of nusyuz, whether carried out by the wife or husband.