JUJURAN DALAM PERNIKAHAN ADAT BANJAR PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi Kasus Di Desa Hampali Kecamatan Katingan Hilir Kabupaten Katingan Provinsi Kalimantan Tengah)

Abstract

This research is based on the Indonesian society that is built on a variety of tribal, customary and religious backgrounds. One of the cultures that exists in Indonesia is the culture of marriage or marriage. Marriage is a ceremony that unites men and women into a family which is initiated according to the rules of religion. Therefore, marriage is sacred and majestic. Nevertheless, the customs of this marriage have raised controversy about the custom. But the customs of the middle people, especially the banjar tribe of the jujuran are marriage customs that are very inherent in the continuation of the marriage ceremony of the community of the banjer tribe and still keep it to this day.The purpose of this research is to find out the implementation of the ordinary banjar marriage in the village of Hampalit Katingan Hilir district of Katingan Province of Kalimantan Central. And Indonesia's positive legal view of banjar customary marriages in the village of Hampalit, Katingan Hilir district of Katingan, Central Kalimantan Province.To the above goal, researchers use the kind of qualitative research. Data collection is carried out using the interview method, which is the method of collecting data using an oral questioning system with the research source, the observation method is observation that is the research activity of phenomena that are conducted systematically, and the documentation method that is looking for data about things or variables that are books, newspapers, journals and so on.Based on the results of the research, it is a customary banjar tradition in Kalimantan to give money that the family agreed to as a condition of marriage. This tradition shows the seriousness of men towards women. In the view of Islamic law, marriage is permitted as long as it is not contrary to Islamic sharia and must be agreed by both families in order not to harm. In the positive law, there are pros and cons; some see it as a cultural identity, while others consider it to be financially damaging to men. This tradition remains recognized and respected as long as it does not conflict with national law.