ADAT UPAH-UPAH DALAM PELAKSANAAN PERKAWINAN BAGI MASYARAKAT KOTA TANJUNGBALAI MENURUT PERSPEKTIF HUKUM ISLAM

Abstract

The purpose goal of this research is to know how is  upah-upah in marriage traditional on society of Tanjungbalai citizen, the value, and the answers of ulama on upah-upah tradition. This research uses the qualitative method. This research is in Tanjungbalai. The data collecting technique uses documentation, interview and observation. Data analysis technique uses theme and formulate working hypothesis and analyze based on working hypothesis. Data source uses primer source and second source. The result of research shows that the action of upah-upah in marriage tradition on citizen of Tanjungbalai did through of several steps, they are; peace be upon on tahmid, tasykir and takhtim speech (first), peace be upon using shalawat on Muhammad SAW (second) the value in upah-upah are suggestion to couple marriage to keep strong unity in family, keep namely of family beyond on the couple marriage, keep namely of neighbor, brothers and the group community around, upah-upah has closing of worship to the God (Allah SWT), and has normative values and local wisdom value. According to Ulama of Fikih about upah-upah has devided into two ideas, according to Fikih Hanafi, many laws based on traditional culture, because many expressions common by al-Ma’ruf ‘urfan ka al-Masyruth Syarthán, wa al-Tsabit bil ‘urf ka al-Tsabit bi al-Nash (well done based on tradition similar to the value with condition must be filled and well done on tradition with the value on nash. This is called by qawlun qodím.Besides of fikih Hanafi, (mazhab Syafi’iyah, Hanbali and Maliki) all Ulama decided together that ‘urf ṣaḥīḥ (in Qawlun Jadid) can be formed by hujjah along it’s never be contradicted with syara’ Ulama Malikiyah was familiar because of their statement that Ulama Madinah can be formed into Hujjah, and this is based on culture (norma tradition), as is culture done by citizen of Tanjungbalai in marriage using upah-upah