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All Journal Al-Mada: Jurnal Agama, Sosial, dan Budaya Journal of Islamic Law
Nastangin Nastangin
Universitas Islam Negeri Salatiga, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Engagement in The Tradition of Samin Tribe Community: Islamic Law Perspective Muhammad Chairul Huda; Hany Rahma Septiasih; Nastangin Nastangin
Al-Mada: Jurnal Agama, Sosial, dan Budaya Vol 5 No 2 (2022): Islamic Sociology and Culture
Publisher : LPPM Institut Pesantren KH. Abdul Chalim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/almada.v5i2.2302

Abstract

The engagement in the Samin society tradition in Kemantren Village, Kedungtabun District, Blora Regency is known as nyuwita-ngawula. They still apply some ideologies that are believed to come from their ancestors. This research aims to reveal the procedures and meanings behind the nyuwita-ngawula tradition from the perspective of legal culture and Islamic law. This research is field research and the approach used is qualitative. Data collection techniques used observation and interviews. The data obtained were then analyzed by the descriptive analysis method. The result of the research is the nyuwita-ngawula tradition was carried out by a groom who would propose to one of the women he had chosen by having sex in one room like husband and wife, where they did the engagement with the aim of getting a match between the brides. When an agreement is reached, the marriage can proceed. If this is not done, the engagement based on the Samin ethnicity is considered void and cannot be continued to the marriage level. However, there is a shift in action as the Samin society understands the values ​​of Islamic law. Currently, the Samin tribe's customary engagement is to hold a marriage using a judge's guardian. This is done because the guardian of the prospective wife does not approve if before marriage they do not carry out the marriage custom of nyuwita-ngawula in the Samin tribal society.
The Legal System of the All-You-Can-Eat Ticket System at Tlogo Argo-Tourism, Indonesia: A Maṣlaḥah al-Mursalah Perspective Desi Norma Siamtina; Muhammad Chairul Huda; Sukron Ma’mun; Nastangin Nastangin
Journal of Islamic Law Vol 4 No 1 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i1.1150

Abstract

This article analyzes the legal system in the all-you-can-eat ticket system of Tlogo argo-tourism in Central Java, Indonesia. This research is based on recent concerns over the system’s implementation, specifically regarding its lack of clarity (gharar). The study employs a qualitative approach, combining legal-empirical analysis with the legal system theory of Lawrence Friedman and the concept of maṣlaḥah al-mursalah (public interest). The findings show that the all-you-can-eat ticket system in Tlogo argo-tourism has three components required by Lawrence Friedman’s legal system theory: legal structure, legal substance, and legal culture. The legal culture component is crucial in implementing the all-you-can-eat ticket system internally and externally. Moreover, the system also fulfills the three elements of maṣlaḥah al-mursalah: maṣlaḥah ḍaruriyyah (primary public interest), maṣlaḥah ḥajiyyah (tertiary public interest), and maṣlaḥah tahsiniyah (tertiary public interest). Therefore, this study contributes to a wider and more comprehensive view of buying and selling practices from the legal system’s perspective and maṣlaḥah al-mursalah.
Co-Authors Desi Norma Siamtina Hany Rahma Septiasih Huda, Muhammad Chairul Sukron Ma’mun