Analysis Of The Views Of Scholars Of Amuntai Tengah District On 'Urf Postponement Of Cohabitation After Marriage Contract In The Perspective Of Islamic Law

Misna Misna

Abstract


Postponement of living together after a marriage contract is a common phenomenon in the Muslim community in Indonesia, including in Central Amuntai District, North Hulu Sungai Regency. This phenomenon is related to the concept of 'urf (customs) that developed in the local community. This study aims to analyze the views of scholars in Central Amuntai District on the postponement of cohabitation after marriage in the perspective of Islamic law. This research uses a qualitative method with a phenomenological approach. Data was collected through in-depth interviews with local scholars as well as observations of practices that apply in the community. The results of the study show that some scholars view this postponement as 'urf sahih that is acceptable in Islam as long as it does not contradict the principles of sharia, such as not causing harm or causing legal uncertainty for married couples. However, there are also scholars who consider this practice to have the potential to have negative impacts, such as delaying the rights and obligations of husband and wife and uncertainty in marriage. This study emphasizes that understanding 'urf in the context of Islamic family law must consider the aspects of benefits and harms for married couples.

Keywords


‘Urf; Postponement of Cohabitation; Marriage Contract; Islamic Law; Amuntai Tengah Scholars

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