PELAKSANAAN TUOR PADA PERKAWINAN SUKU MANDAILING PERSPEKTIF KOMPILASI HUKUM ISLAM (KHI) DI KABUPATEN MANDAILING NATAL SUMATERA UTARA

Aripin, Musa (2024) PELAKSANAAN TUOR PADA PERKAWINAN SUKU MANDAILING PERSPEKTIF KOMPILASI HUKUM ISLAM (KHI) DI KABUPATEN MANDAILING NATAL SUMATERA UTARA. Doctoral thesis, Universitas Islam Negeri Sumatera Utara Medan.

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Abstract

The issue of tuor (amount of money which is given by the groom to the bride upon the agreement of both of families) in the Mandailing tribe is interesting to be studied. This is quite reasonable because the problem of tuor on the one hand can actually make a number of marriage plans forced to be canceled. At the same time the majority of the Mandailing tribe are devout adherents of Islam. While Islam itself has the same concept as the tuor, namely dowry. Testing tuor at the application level is something that must be done to measure the extent of the phenomenon. On the other hand, measuring tuor conceptually is also needed to provide a complete view. A number of theories are used by researchers to position the question of tuor proportionally. Starting from the study of social change and law in general, then addressing these problems through the existing urf concept of Islamic law, using the study of the principle of the Principle of Mutual Acceptance / Consensual ( عن منكم تراض (in Marriage and finally the question of tuor culminated with the concept of Dowry in the Compilation of Islamic Law (KHI). These theories are framed in an approach classified as normative-empirical legal research. The results showed that the tuor and dowry in the KHI have the same substance, namely the obligatory gift from the prospective husband to the prospective wife. However, the provision of tuor has advantages, namely the philosophy used in determining tuor. Holong (compassion) and Saanak Saboru (feeling that the groom’s family has considered that the bride is their daughter and vice versa). Thus it can be stated that the determination of the amount of tuor will not burden the bridegroom, because the groom in giving tuor is motivated by affection, and at the same time the parents of the bride-to-be will also not ask for something that can burden the bridegroom. Novelty research is a reconstruction offer of understanding of dowry in IHL which is identical to the concepts of simplicity and convenience. The study of tuor provides a complete view of the meaning of dowry. The determination of tuor based on holong and saboru will feel closer to the principle of marriage known as the contract that is غليظا ميثاقا. It is a strong covenant and a noble covenant in other words that something related to marriage is something special and special, including the issue of dowry.

Jenis Item:	Skripsi (Doctoral)
Uncontrolled Keywords:	tuor, dowry, KHI, غليظا ميثاقا.
Subjects:	2X4 FIQH > 2X4.3 Hukum Perkawinan / Munakahat > 2X4.31 Nikah > 2X4.313 Mahar
Divisions:	Program Pasca Sarjana > Program Doktor > Disertasi Doktor
Pengguna yang mendeposit:	Mrs. Misdar Piliang
Date Deposited:	17 Apr 2025 02:07
Last Modified:	17 Apr 2025 02:10
URI:	http://repository.uinsu.ac.id/id/eprint/25512

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