MARRIAGE PREVENTION DUE TO FORTUNE-TELLING OF PRIMBON BASED ON THE PERSPECTIVE OF ISLAMIC LAW (A Case Study of Marriage in Sidomukti, Bandungan, Semarang) THESIS Submitted in Partial Fulfillment of the Requirement for Gaining The Degree of Bachelor in Isl
MARRIAGE PREVENTION DUE TO FORTUNE-TELLING
OF PRIMBON BASED ON THE PERSPECTIVE
OF ISLAMIC LAW
(A Case Study of Marriage in Sidomukti, Bandungan, Semarang)
THESIS
Submitted in Partial Fulfillment of the Requirement for Gaining
The Degree of Bachelor in Islamic Family Law
By:
GUNAWAN
KKI 211 11 009
AHWAL AS-SYAKHSIYYAH DEPARTMENT
FACULTY OF SYARIAH
STATE INSTITUTE FOR ISLAMIC STUDIES (IAIN)
SALATIGA
2015
ADVISOR NOTE
Dear The Dean of Faculty of Syariah Salatiga State Institute for Islamic Studies Assalamu’alaikum Wr. Wb.
I inform that I have given guidance, briefing and correction to whatever extent necessary of the following thesis identification: Name of student : Gunawan Student Number : 211 11 009 Title : MARRIAGE PREVENTION DUE TO FORTUNE
TELLING OF PRIMBON BASED ON THE PERSPECTIVE OF ISLAMIC LAW (A Case Study of Marriage in Sidomukti, Bandungan, Semarang)
I state that the thesis is ready to be submitted to Faculty of Syariah State Institute for Islamic Studies of Salatiga to be examined at Munaqasyah session.
Wassalamu’alaikum Wr. Wb.
Salatiga, September 28, 2015 Advisor, Munajat, Ph.D.
NIP. 19750827 199903 1002
MINISTRY OF RELIGIOS AFFAIRS STATE INSTITUTE FOR ISLAMIC STUDIES OF SALATIGA SYARIAH FACULTY
Jl. Nakula Sadewa V No. 9 Telp. (0298) 3419400 Fax 323433 Salatiga 50722 Website :
RATIFICATION
Thesis Entitled:
MARRIAGE PREVENTION DUE TO FORTUNE-TELLING OF
PRIMBON BASED ON THE PERSPECTIVE OF ISLAMIC LAW
By: Gunawan 211 11 009 had been ratified by the board of examiners of Syariah Faculty of Salatiga State Institute for Islamic Studies on September 28, 2015 and can be received as one of any requirement for gaining the Bachelor Degree in Islamic Family Law.
BOARD OF EXAMINERS Head : M. Hafidz, M.Ag.
…………………………… Secretary : Munajat, Ph.D. ……………………………
Examiner I : Sukron Ma‟mun, M.Si. …………………………… Examiner II : Ilyya Muhsin, M.Si.
……………………… Salatiga, September 28, 2015
Dean of Syariah Faculty Dra. Siti Zumrotun, M.Ag.
NIP. 19670115 199803 2 002
DECLARATION
I am, the student with the following identity: Name : Gunawan Student Number : 211 11 009 Department : Ahwal As-Syakhsiyyah Faculty : Syariah Title of Thesis : MARRIAGE PREVENTION DUE TO FORTUNE
PRIMBON TELLING OF BASED ON THE PERSPECTIVE OF ISLAMIC LAW (A Case Study of Marriage in Sidomukti, Bandungan, Semarang)
certify that this is definitely my own work. I am completely responsible for the content of this thesis. Other writers opinions or findings included in the thesis are quoted or cited in accordance with ethical standards.
Salatiga, August 06, 2015 The Writer,
Gunawan
KKI 211 11 009
MOTTO
DO NOT JUDGE A BOOK BY ITS COVER
BE YOUR SELF
DEDICATION
The researcher would like to present this thesis with pleasure for: 1.
Ahwal as-Syakhsiyyah department of State Institute for Islamic Studies (IAIN) Salatiga.
2. My beloved parent, Mr. Sumarno and Mrs. Arimbi.
3. My older sister, Ari Susanti.
4. Islamic boarding school of Al-Manar.
5. All of my friends: friends of cooking, eating, sleeping, studying, and dating.
6. Mak Tun (may Allah forgive her) 7.
My beloved girl (for a girl who feels).
ACKNOWLEDGMENT
First and foremost, I would like to express gratitude to Allah SWT, the Almighty God for the blessing, kindness, and inspiration in lending me to accomplish the final project. Without Him, I could not stay patient and in control in writing this final project from the first page to the last page.
Second, shalawat and salam are always dedicated to our beloved prophet Muhammad SAW, the last prophet and the prophet who had brought us from the darkness to the brightness.
The writer realizes that this final project can not be completed without the help of others. Many people who have already helped me during the writing this final project and it would be impossible to mention all of them. I wish, however, to give my sincerest gratitude and appreciation to all people until this thesis can be completely finished entitled Marriage Prevention due to Fortune-Telling of
Primbon based on The Perspective of Islamic Law . Therefore, I would like to
extend my appreciation to all of them, especially to: 1.
Dr. Rahmat Haryadi, M.Pd. the Rector of State Institute for Islamic Studies (IAIN) Salatiga.
2. Dra. Siti Zumrotun, M. Ag. as the dean of faculty of Syariah.
3. Sukron Ma‟mun, S.HI., M. Si. as the head of Ahwal As-Syakhsiyyah department and as the second thesis advisor.
4. Munajat, Ph.D. as the first thesis advisor.
5. All lecturers in Ahwal As-Syakhsiyyah Department of Faculty of Syariah and Islamic Economy for valuable knowledge, and advice during the years of my study.
6. Ravik Asari, the head of the village of Sidomukti, and all of his staff.
7. Mustain Toyib and Mustofa Amin, as the religious leaders of Sidomukti.
8. All of my friends who always give me motivation, support, and help to finish this study.
Salatiga, August 06, 2015 The writer,
Gunawan
NIM. 211 11 009
ABSTRACT
Gunawan. 2015. Marriage Prevention Due to Fortune-telling of Primbon Based
on The Perspective of Islamic Law (A Case Study of Marriage in Sodomukti,
. A Thesis. Syariah Faculty. Ahwal as-Syakhsiyyah
Bandungan, Semarang)
Department. State Institute for Islamic Studies of Salatiga. Advisor: Munajat, Ph.D. This study is intended to investigate the causative factors of why several
Moslem societies of Sidomukti practice the marriage prevention due to fortune- telling of primbon, to know the views of religious and community leaders regarding that phenomenon, and to judge that phenomenon based on the Islamic law.
The researcher uses the observation, interview, and documentation method to collect the primary data then analyzes them by descriptive qualitative method. According to the date collected, the causative factors of the several
Sidomukti moslem societies practice the marriage prevention due to fortune- telling of primbon are: culture, environment, belief and facts, knowledge, and preventing a bad future possibility. Almost all community and religious leaders of Sidomukti admit the practice of marriage prevention due to fortune telling of
primbon. Because a marriage that will bring a bad fate as predicted by the
primbon‟s calculation must be prevented. They view that fortune telling of
primbon is a common activity conducted by the societies. And it is also for hoping
a good fate and preventing a bad fate. So according to them, fortune telling of is lawful. There is only a religious leader of Sidomukti who rejects the
primbon
practice of fortune-telling of primbon and refuses it as marriage prevention. The researcher concludes that the practice of fortune-telling of primbon occured in Sidomukti is permissible by Islamic law. And marriage prevention due to fortune- telling of primbon is also lawful based on the perspective of Islamic law. It is due to the marriage prohibited by primbon
‟s calculation will bring a harm or a bad fate, so it can be prevented. Key word: marriage, marriage prevention, fortune-telling, primbon, and Islamic law.
TABLE OF CONTENT
TITLE ..................................................................................................................i ADVISOR NOTE ...............................................................................................ii RATIFICATION .................................................................................................iii DECLARATION ................................................................................................iv MOTTO AND DEDICATION ...........................................................................v ACKNOWLEDGMENT .....................................................................................vi ABSTRACT ........................................................................................................viii TABLE OF CONTENT ......................................................................................ix
CHAPTER I: INTRODUCTION A. Background of Study .............................................................................1 B. Focus of The Study ................................................................................6 C. Purposes of The Study ...........................................................................6 D. Significance of The Study ......................................................................7 E. Definition of Key Terms ........................................................................7 F. Literature review ....................................................................................9 G. Method of The Study .............................................................................12 H. Structure of the Thesis ...........................................................................16 CHAPTER II: OVERVIEW OF MARRIAGE PREVENTION A. Marriage Prevention Based on The Perspective of Islamic Law 1. Definition of Marriage ....................................................................18
2. Purposes of Marriage ......................................................................19 3.
Law of Marriage ..............................................................................22 4. Pillars of Marriage ...........................................................................27 5. Marriage Prohibition .......................................................................31 6. Refusing Guardian (wali „adhal) .....................................................40 B. Fortune-Telling Based on The Perspective of Islamic Law 1.
Definition of Fortune-Telling of Primbon ......................................42 2. Kinds of Fortune Telling .................................................................43 3. Law of Fortune-Telling ...................................................................46
CHAPTER III: MARRIAGE PREVENTION DUE TO FORTUNE-
TELLING OF PRIMBON IN VILLAGE OF SIDOMUKTI, BANDUNGAN, SEMARANG A. General Description of Village Sidomukti ............................................52 B. Practice of Marriage Prevention Due To Fortune Telling of Primbon .................................................................................57 C. Way to Determine a couple according to Primbon ................................62 D. View of Community Leaders or Religius Leaders on Marriage Prevention Due To Fortune Telling of Primbon ....................67CHAPTER IV: ANALYSIS OF MARRIAGE PREVENTION DUE TO
FORTUNE TELLING OF PRIMBON A. Analysis of Causative Factors of Marriage Prevention .........................71 B. Analysis of the Views of Community and Religious Leaders ...............76 C. Analysis of Islamic Legal Review .........................................................84
CHAPTER V: CONCLUSIONS, RECOMMENDATIONS, AND CLOSING
A. Conclusions ............................................................................................93 B. Recommendations ..................................................................................94 C. Closing ...................................................................................................96 BIBLIOGRAPHY APPENDIXESCHAPTER I INTRODUCTION A. Background of Study Al-Quran and As-Sunnah are the Islamic legal sources. They teach and
explain how human should live. They include tought of faith, workship, moral, story of past and law. The law is a statement of an order or relation of phenomena that so far as known is invariable under the given conditions. It is intended to regulate actions of human being that they do not act an action that againsts norm of morality, politeness, humanity and divinity. Islamic law has regulated not only aspects of worship, but also aspects of human lives, such as family law, property law, economic law, etc. Because Islam does not only regulate vertical relation, but also horizontal relation.
Marriage is a human nature that has been occured from the period of Adam Prophet until now. It has purpose for keeping the continuity of human lives that each of them has descendant, and this earth will be always lived by human who can maintain it. Moreover, marriage is also to fulfill the biological need of human beings so they will wreak their orgasm to the right way, to keep the honor, the religion, and to build a good society based on love and affection (Syarifudin, 2006: 63).
Therefore, for youth who has been capable physically and financially is recommended to get married immediately. Marriage can lower the gaze toward person who is not allowed to be seen and keep the genital toward things prohibited by Islam, such as adultery. Prophet Muhammad said about it as recorded by Ibnu Hajar Al-Asqalani (2002: 127) in his book, Bulugh al-
Maram : ششؼِ ب٠ طشفٌٍ ٓصؽأٚ شصجٌٍ طغأ ٗٔاف طٚضز١ٍف حءبجٌا ُىِٕ عبطزعا ِٓ ةبجشٌا ءبعٚ ٌٗ ٗٔاف َٛصٌبث ٗ١ٍؼف غطزغ٠ ٌُ ِٓٚ )ٗ١ٍػ كفزِ(
O youths, whoever of you who has been able (physically and financially) to marry, let him marry due to it is more able to lower the gaze and keep the genital. And whoever who has not yet been able (to marry), let him fast because it could be a shield for him.
Beside physical and financial capability, a candidate of couple must comply several requirements determined in Islamic law. For a man, there are a lot of requirements that must be complied by him. According to Aunullah Indi (2008: 42), the follows are the requirements: 1.
Moslem 2. His male is clear (not homosexual) 3. No compulsion 4. No four wives 5. No consanguinity (mahram) with the bride 6. No wife who has consanguinity with the bride 7. Knowing that the bride is not forbiden to marry 8. Not doing pilgrimage (hajj or umrah)
While for woman, there are a lot of requirements that must be fulfilled by her. The follows are the requirements:
1. Moslem 2.
Her female is clear (not bisexual)
3. No consanguinity (mahram) with the groom 4.
Has given permission to the guardian 5. Not being divorced three times by the groom 6. Not being cursed (li‟an) by the groom 7. Not doing pilgrimage (hajj or umrah) 8. No husband 9. Not in the waiting period („iddah)
According to the Islamic law, every person, either man or woman, who has met all of requirements above is permitted to get married. If it has been permitted by Islam to do a marriage, other can not prevent them using any argument not to marry. Even guardian of the children can not also prohibit them to marry or refuse to become guardian of her marriage. Al-Quran explains that guardian is forbidden to prevent his daughters to get married as below:
) ٕٖٕ :حشمجٌا( ٓٙعاٚصأ ٓؾىٕ٠ ْأ ٍٓ٘ٛعؼر لاف
“Then (for guardians) do not prevent them (daughters) from remarrying their (former) husband (Al- Baqarah: 232)” (Ali, 1987: 16).
This verse was revealed regarding Ma‟qil bin Yasar when he promised that he would never marry his sister with a man who has divorced her (Husaini, 2011: 370). Whereas Islam permitted one who has divorced or been divorced less than three times to get back with same person. When she spent the waiting period (
„iddah), he must carry out a new marriage contract with her. But when she is still on the waiting period, he can directly get back to her.
According to the Islamic law, guardian can prevent his children to get married when they do not meet one of the requirements determined by
Syara‟, such as, there is a consanguinity or different religion between both of
them. Sayyid Sabiq (1992: 121) also said in his book, Fiqh Sunnah, that the guardian can prevent his child to get married if the candidate is not equivalent (
kafa‟ah) with her/him, or the dowry is less than common dowry. In a
condition where the guardian based on the Islamic law can prevent his daughter to get married, he is not called as refusing guardian (
wali „adhal) and his children can not move the guardianship to the judge.
In addition, generally Islam gave a freedom or allowed human being to do anything related to the social intercourse activities except a few which have been determined their prohibition by the Quran or Sunnah. Because basically in Islam everything (related to the social intercourse) is permitted, except things determined their prohibition by the proof. Islamic law is also not intended to burden all creation of this earth, but intended to ease their burden with permitting all the things related to the social intercourse. The scholars have made a theorem about it as follow:
خؽبث لإا )ءب١يلأا( د لاِبؼٌّا ٟف ًصلأا
The meaning: The origin of social intercourses are permissible (Hakim, 2003: 34).
Despite the guardian could not cramp the freedom of his children by preventing them who have met all of the requirements of marriage to get married, fortune telling is not one of acceptable reasons for the guardian to prevent his children to get married. And even fortune-telling is one of ignorance tradition. While most of ignorance traditions were prohibited by Islam because a lot of its concept against Islamic principles, make human lazy and undermine human mind. Islam abolished the tradition of fortune telling by word of prophet prohibiting visit a fortune-teller:
بفاشػ ٚأ بٕ٘بو ٝرأ ِٓ : يبل ٍُع ٚ ٗ١ٍػ الله ٍٝص ٟجٌٕا ٓػ ٓغؾٌاٚ حش٠ش٘ ٟثأ ٓػ
ٍُع ٚ ٗ١ٍػ الله ٍٝص ذّؾِ ٍٝػ يضٔأ بّث شفو ذمف يٛم٠ بّث ٗلذصفThe meaning: From Abu Hurairah and Hasan, from the prophet (Muhammad) may Allah bless and grant him peace: "Whoever comes to the shaman or the fortune-teller and believe in what he says, then indeed he has disbelieved in what was revealed to the Prophet Muhammad" (Syamilah, n.d. : 211).
From the above explanation, known that everyone who has met all of the requirements of marriage is permitted to get married because marriage in Islam basically is permissible. And fortune telling includes in forbidden action. But in village of Sidomukti, Bandungan, Semarang there are women and man who have met all of the requirements to get married, both of them are equivalent, and they agreed to get married, but the guardian of the woman or the man prevented them to get married with their choosen person by reason that marriage between that woman and that man will bring a bad luck based on fortune-telling of primbon, or if they implement the marriage, they will not be happy in future. Explicitly it certainly contraries to the Islamic law. So the researcher want to study deeply about marriage prevention due to fortune telling of primbon.
B. Focus of the Study
Based on the above background, it can be formulated several problems as follow:
1. Why can several people of Sidomukti prevent his children to get married due to fortune-telling of primbon?
2. What are the views of religious leaders and community leaders of
Sidomukti regarding marriage prevention due to fortune-telling of
primbon ? 3.
What is the Islamic legal perspective regarding marriage prevention due to fortune-telling of primbon?
C. Purposes of the Study
Based on the background of the study and focus of the study above, purposes of this study are:
1. To know several causative factors of marriage prevention due to fortune telling of primbon.
2. To know views of religious leaders and community leaders of Sidomukti regarding marriage prevention due to fortune-telling of primbon.
3. To know the Islamic legal perspective regarding marriage prevention due to fortune-telling of primbon.
D. Significance of the Study 1.
Theoritical Significance This research is expected to be able to add an insight to the researcher and readers regarding how practice of marriage prevention due to fortune-telling of primbon is and what causative factors of the occurrence of marriage prevention due to fortune-telling of primbon are.
Beside that, this study will give a view about marriage prevention due to fortune-telling of primbon based on the perspective of Islamic law and based on views of religious leaders and public figures of Sidomukti.
2. Practical Significance
Practically the result of this study is expected to give some advantages to Religious Court as a court handling a lot of matters related to marriage based on the Islamic law. Then the judge can make result of this study as consideration in making decision regarding marriage prevention. While generally significance of this study is provided that the society can consider deeply before their decision, especially for the guardian to prevent or permit his children to get married with their choosen person, and for the children to accept or ignore the prevention of their parent.
E. Definition of Key Terms 1.
Marriage prevention Prevention is an action or word to stop something from happening
(Hornby, 2005: 158). Marriage is a contract which permits sexual intercourse between man and woman with the requirements and pillars that have been determined (Ghazi, 2002: 53). So marriage prevention is an action or word to stop from happening a contract which permits sexual intercourse between man and woman with the conditions and pillars that have been determined.
2. Fortune-telling of primbon Fortune-telling is an action or practice of predicting the future.
Primbon is a Javanese knowledge containing fortune telling (good and
bad day calculation) for looking for a good job, marriage, knowing a person‟s character by his birth date (Alwi, 2007: 219). So fotune-telling of primbon is an action or practice of predicting the future based on the Javanese knowledge containing fortune telling (good and bad day calculation) for lo oking for a good job, marriage, knowing a person‟s character by his birth date, etc.
3. Islamic law Islamic law is made up of Shari'ah is an affair
described by a prophet spoken of the prophets revealed by Allah of some laws Fiqh is Knowing the Syari
‟ah
laws by using the diligence (ijtihad). (Mahalli, 2009: 12). So Islamic law is a law based on the Quran, Sunnah, and diligences of Islamic Scholars.
Thus marriage prevention due to fortune-telling of primbon based on the perspective of Islamic law is an action of guardian who prevents his child or sister to get married by reason of fortune-telling of primbon that will be judged based on the Quran, Sunnah, and diligences of Islamic Scholars.
F. Literature review
Case of marriage prevention or annulment is not a new case, but it has happened since the past. And it is interesting to be researched. It is possible when this theme was researched by people such as a thesis researched by Mahsun entitled Marriage Annulment due to Using Judge Guardian (Wali
Hakim). That research aims to know how it could happen and why the court annulled the marriage due to using the judge guardian (wali hakim).
According to Mahsun, that marriage was annulled by the court because that marriage did not meet one of the conditions and pillars of marriage, especially absence of the guardian and his permission. According to that case, when marriage ceremony, the guardian was in his home. Based on the statement of the bride, he is so far from the place where she lives. Whereas it is not categorized as far due to the distance is not more than 85 kilometer (Mahsun, 2005).
A thesis written by Alim Rois on the title Case of Guardianship
Transfer from Lineage Guardian to Judge Guardian due to the Guardian Refuse explains why guardianship can be replaced from lineage guardian to
governor and why the guardian refused to marry his daughter. According to the case, the guardian refused to marry his daughter because he did not like the behaviour of his suitor. But based on the law, bad behaviour can not be a reason of guardian to prevent to marry his daughter. Then the judge must replace the guardianship from guardian to judge because the guardian is considered as refusing guardian (
wali „adhal) by the law (Rois, 2007).
A thesis written by Mikdad Musa entitled Fiqh of Environment: River
Offerings (Sesajen) and Local Wisdom explains about tradition of the
society in village of Warangan Magelang where they have a custom which is cleaning together the springs of the village in every year. They believed in that water is so necessary for human life. So they bring such as seven kinds of flower as a sesajen with expectation that the water will flow forever.
Several societies said that it is polytheist (musyrik) prohibited by Islam and the others said that it is no problem even good for preserving the nature.
According to Mikdad Musa, the activities carried out by society of Warangan are fine, because verily the action depends on the intention which is for preserving the nature (Musa, 2010).
A t hesis written by Muhammad Isro‟i entitled Marriage Prohibition in
Muharram Month According to Javanese Tradition Based on Islamic Legal
Perspective explains about tradition in Boyolali related to marriage in
Muharram. Most of Boyolali community believe in that marriage on Muharram will bring a bad luck although it is only a myth. Because many facts show its truth. But based on Islamic law marriage in Muharram is permissible even very good because Muharram is a month venerated by Allah. Most of religious leaders in Boyolali also said like what determined by Islamic law (Isro‟i, 2012).
A thesis written by Ariyanto entitled Use of Petungan (Calculation)
by Javanese Moslem Society in Marriage Ritual explains about Moslem
society of Reksosari Suruh who used Javanese extrapolation to determine the day of marriage. In this thesis, the subject chose the day of marriage based on year, month, and day. According to Ariyanto, application of the javanese extrapolation for determining the day of marriage is permissible, because determining the day of marriage is right of every person (Ariyanto, 2012).
Several theses above are related to the prevention of the guardian from marrying his daughter because several reasons and some other are related to the Javanese culture or tradition which is by some societies contradicted to Islamic culture. The study that will be conducted by the researcher combines between both: prevention of the guardian to marry his child and Javanese culture which is by some societies contradicted to Islamic culture.
Substantively, the thesis that will be made by the researcher is almost similar to the thesis made by Isro‟i (2012) entitled Marriage Prohibition in
Muharram Month According to Javanese Tradition Based on The Islamic
Legal Perspective and thesis made by Ariyanto (2012) entitled Use of
Petungan (Calculation) by Javanese Moslem Society in Marriage Ritual.
The thesis made by Isro‟i only discusesses about myth of marriage prohibition in Muharram solely. And the thesis made by Ariyanto discusses about determination of wedding day based on the Javanese calculation (petungan).
While the study that will be conducted by the researcher discusses about marriage prevention due to fortune-telling of primbon, specifically based on date of birth between man and woman. So the thesis made by Isro‟i, Ariyanto and that the researcher will make are different. The study that will be researched by the researcher is a field study. The researcher will observe and study how the marriage prevention due to fortune-telling of
primbon by date of birth occurs in the society. Thus the researcher can know
the real phenomenon in the society. The thesis that the researcher will make is on the title Marriage Prevention due to Fortune-Telling of Primbon based
on The Perspective of Islamic Law G.
Method of the Study 1.
Approach and Type of Study Type of the study is a qualitative study, because this study aims to explore as much as possible data of case that will be researched. This study uses normative and sociological approach. A normative approach is used to know the Islamic legal review of the marriage prevention due to fortune-telling of primbon. A sociological approach is used to know how the marriage prevention due to fortune-telling of primbon was practiced in the society.
2. Place of the Study
This study will be conducted in village of Sidomukti, Bandungan, Semarang. The researcher chooses this location because Bandungan societies are still thick with Javanese culture despite they are moslem. Montain moslem community is classified as red moslem community, they obey to the Islamic law and perform prayer every day, but they also still believe to the myth of the ancestors. It can be seen from many moslem societies of Bandungan who still use fortune-telling of primbon for choosing an appropriate couple and a good wedding day.
3. Data Sources Due to the researcher found only three cases, subjects researched are a man and two women who are prevented from marrying by reason of fortune-telling of primbon. Not only those people, the researcher also asked to their candidates or couples and their preventing parent to explore the information related to the marriage prevention due to fortune-telling of primbon. And the researcher asked to two community leaders and two religious leaders of Sidomukti to know their views regarding practice of fortune telling of primbon itself and marriage prevention due to fortune telling of primbon.
4. Prosedure of Data Collection a.
Observation Observation is a method of data collection by meant of direct observation to the research object. The researcher used this method as first step to know condition of the study subjects. The researcher uses this method to get data by observing the objects and writing the condition or the facts happening in Sidomukti society especially related to the marriage prevention due to fortune-telling of primbon. b.
Interview Interview is a dialogue conducted by interviewer to obtain information from interviewees (Arikunto, 1998: 115). Due to there were three cases only in this study, the researcher interviews to a man and two women who were prevented by their guardian to get married due to fortune-telling of primbon, to their candidates or couples, and their preventing parents.
The interview is also conducted to two religious leaders and two community leaders living in Sidomukti to get information related to their views or opinions on marriage prevention due to fortune- telling of primbon occurred in Sidomukti.
c.
Documentation Documentation is a method to look for data related to things or variables in form of notes, transcript, book, newspaper, magazine, etc.
Data source of this method is not changeable. By documentation method something viewed is not living thing, but inanimate (Arikunto, 1998: 236).
Ducuments meant are like marriage certificate quote, family identity, identity card, demography, and other documents related to this study. But for hiding the identity of the subjects, especially three people prevented by their guardian to get married by reason of fortune telling of primbon and those guardians, the researcher will not show their real name, but only their pen name.
5. Data Analysis a.
Descriptive Descriptive analysis is a method to collect some facts through proper interpretation. This research method is intended to study the issues arising in the society at the certain situation including community relationship, activities, attitudes, opinions, and ongoing process as well as its impacts on certain phenomenon in the society.
b.
Qualitative Qualitative data analysis according to Bogdan & Biklen (1982:
47) is an effort made by work of data, organizing data, sorting them into manageable units, synthesizing, searching and finding what is important and what is learned, and decide what can be told to others.
6. Checking Data Validity All of the obtained data will be checked their validity by using triangulation method, which is a method to check data validity which utilizes to something else for comparing the result of the interview with the study object (Moloeng, 2004: 330). This checking data validity is conducted due to concern the persistence of error or mistake made by the researcher.
The researcher will check validity of data by comparing the result of the interview and the result of the observation, comparing what said by one and another informant, or comparing the result of the interview with related documents.
7. Stages of the Study
Stages of the study conducted by the researcher are as follows: a.
After the research proposal was accepted, the researcher went to the location for collecting data by observation, interview, and documentation.
CHAPTER I, introduction consists of background of the study, focus of the study, purpose of the study, significance of the study, definition of key terms, literature review, method of the study, and structure of the thesis.
Compiling the research report.
g.
Data analysis was conducted starting from data collection up to all of data collected.
f.
e.
Before doing research, the researcher decided the title that would be researched which was marriage prevention due to fortune-telling of
Then the researcher wrote a research proposal.
d.
From that information, the researcher got three cases about marriage prevention due to fortune-telling of primbon in Sidomukti, then Sidomukti was decided as research location.
c.
The title taken by the researcher was after looking for information from the society of Sidomukti about presence of cases of marriage prevention due to fortune-telling of primbon.
b.
primbon .
H. Structure of the Thesis
CHAPTER II includes overview of marriage prevention and fortune- telling of primbon. This chapter will explain about marriage prevention due to fortune-telling of primbon based on the perspective of Islamic law.
CHAPTER III includes marriage prevention due to fortune-telling of
primbon in Sidomukti. This chapter will explain about all results of the
research including geographical position, environmental condition, social activities, culture, religion of the society, practice of marriage prevention due to fortune-telling of primbon in Sidomukti and the views of community and religious leaders of Sidomukti regarding marriage prevention due to fortune telling of primbon.
CHAPTER IV includes Islamic legal review on marriage prevention due to fortune-telling of primbon in Sidomukti. This chapter will analyze the practice of marriage prevention due to fortune-telling of primbon in Sidomukti, factors affecting the occurrence of marriage prevention due to fortune-telling of primbon, opinions of community leaders and religious leaders as well as Islamic law review regarding practice of marriage prevention due to fortune-telling of primbon in Sidomukti.
CHAPTER V includes conclusion of the research, suggestion given by the researcher to the parties related to this study, and closing.
CHAPTER II OVERVIEW OF MARRIAGE PREVENTION C. Marriage Prevention Based on the Perspective of Islamic Law 1. Definition of Marriage In arabic, the word marriage is derived from the word
بؽبىٔ ,ؼىٕ٠ ,ؼىٔ
or word . Etymologically, marriage is annexation ( )
بعٚضر ,طٚضز٠ ,طٚضر ُظ
and gathering (Dimyati, 1997: 254). And Abdurrahman al-Jaziri ) غّع (
(2003: 1) in his book Al-
Fiqh „ala Mazahibil Arba‟ah states that
etymologically marriage is:
ُعٌاٚ ءغٌٛا خغٌ ػبىٌٕا
“etymologically, marriage is coitus and annexation” While Ibn Qasim al-Ghazi (1999: 90) in his book al-Bajuri does not only define marriage etymologically as an annexation and coitus, but also as a contract.
ذمؼٌاٚ ءغٌٛاٚ ُعٌا خغٌ كٍط٠ ػبىٌٕا
“marriage etymologically is called as annexation, coitus, and contract” Then terminologically Mahalli (2003: 206) defines marriage as:
ظ٠ٚضر ٚا ػبىٔ ئ ظفٍث ئغٚ خؽبث ئ ّٓعز٠ ذمػ بػشيٚ
“and terminologically (marriage is) contract which includs allowing coitus by word of marrying or mating”
Muhammad bin Qosim bin Muhammad Al-Ghazi (2002: 53) in his book fath al-qarib states that marriage is a contract to allow coitus by some specified conditions and pillars. He added word specified conditions and pillars in his marriage definition. So according to his definition marriage is not only a contract which can allow someone to do coitus, but also must meet specified conditions and pillars.
2. Purposes of Marriage
According to Ahmad Rafi Baihaqi (2006: 8) in his book Membangun
Syurga Rumah Tangga, there are some purposes of marriage which are:
a.To sustain human life with the breed and reproduce.
b.
To maintain boy and girl mired in the harsh actions and to curb the lust as well as to hold the view from something that is forbidden.
c. To soothe the soul by sitting together with the spouse.
d.
To make women carry out their duties in accordance with the female character that was created by Allah.
In addition to the purposes of marriage mentioned by Ahmad Rafi Baihaqi above, indeed Quran and Sunnah have already explained what the purposes of marriage are. The follow is some purposes of marriage mentioned in Quran or Sunnah.
a.
To obey the command of Muhammad The Prophet commanded all of youths who have been able to marry (physically and financially) to marry, because marriage is able to lower the gaze and keep the genital (from things forbidden) as the hadist reported by Bukhari and Muslim:
ٓصؽأٚ شصجٌٍ طغأ ٗٔاف طٚضز١ٍف حءبجٌا ُىِٕ عبطزعا ِٓ ةبجشٌا ششؼِ ب٠ )ٗ١ٍػ كفزِ( ءبعٚ ٌٗ ٗٔاف َٛصٌبث ٗ١ٍؼف غطزغ٠ ٌُ ِٓٚ طشفٌٍ
O youths, whoever of you who has been able (physically and financially) to marry, let him marry due to it is more able to lower the gaze and keep the genital. And whoever who has not yet been able (to marry), let him fast because it could be a shield for him (agreed upon) (Asqalani, 2002: 313).
b.
To keep away from things that are forbidden („iffah) Allah‟s messenger explained that sexual intercourse with woman who is not the wife is prohibited, so sexual intercourse with the wife is sunah (recommended). It is due that man satisfies his sexual passion to the right person (his wife). This hadist of
Allah‟s Messenger was written in Nawawi book, al-
Arba‟in an-Nawawiyah,
as follow:
الله ٍٝص الله يٛعس ةبؾصأ ِٓ ًبعبٔ ْأ " :ًبع٠أ ٕٗػ الله ٟظس سر ٟثأ ٓػ سٛصذٌا ً٘أ ت٘ر ،الله يٛعس ب٠ ٍُعٚ ٗ١ٍػ الله ٍٝص ٟجٌٍٕ اٌٛبل ٍُعٚ ٗ١ٍػ ...شوزف ... ،سٛعلأبث بٔذؽأ ٟرأ٠أ ،الله يٛعس ب٠ :اٌٛبل .خلذص ُوذؽأ غعُث ٟفٚ
؟سصٚ ٗ١ٍػ ْبوأ َاشؽ ٟف بٙؼظٚ ٌٛ ُز٠أسأ :يبل ؟شعأ بٙ١ف ٌٗ ْٛى٠ٚ ٗرٛٙي . " ٍُغِ ٖاٚس " شعأ ٌٗ ْبو يلاؾٌا ٟف بٙؼظٚ ارئ هٌزىف
"O Messenger of Allah, the rich have taken away all the rewards. They observe the prayer as we do, and they keep the fasts as we do, and they give sadaqah (charity) from their surplus riches." .... and having sexual intercourse with your wife is a sadaqah. They (the Companions) said: "O Messenger of Allah, is there reward for him who satisfies his sexual passion among us?" He said: "Tell me, if he were to devote it to something forbidden, would it not be a sin on his part? Similarly, if he were to devote it to something lawful, he should have a reward” (Nawawi, 2001: 124). c.
To get tranquillity
ًحَّدَٛ َِ ُُْىَْٕ١َث ًََؼَعَٚ بَْٙ١ٌَِئ إُُٛىْغَزٌِ بًعاَْٚصَأ ُُْىِغُفَْٔأ ِِْٓ ُُْىٌَ َكٍََخ َْْأ ِِٗربَ٠َآ َِِْٓٚ ) ٕٔ :َٚشٌا( َُْٚشَّىَفَزَ٠ ٍََْٛمٌِ ٍدبَ٠َ َ٢ َهٌَِر ِٟف َِّْئ ًخَّْؽَسَٚ
And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your [hearts]: verily in that are Signs for those who reflect (Ali, 1987: 200).
d.