THE PROGRESSIVENESS OF ISLAMIC LAW IN THE TRADITION OF MARRIAGE CONDITIONS: AN ANALYSIS OF THE PRACTICE OF PLANTING DURIAN TREES IN TOMPO BULU VILLAGE, SOUTH SULAWESI

Dian Purnamasari (2026) THE PROGRESSIVENESS OF ISLAMIC LAW IN THE TRADITION OF MARRIAGE CONDITIONS: AN ANALYSIS OF THE PRACTICE OF PLANTING DURIAN TREES IN TOMPO BULU VILLAGE, SOUTH SULAWESI. Undergraduate thesis, Universitas Muhammadiyah Palangkaraya.

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Abstract

This study examines the legal progression of the obligation to plant a durian tree as a marriage requirement formalized through Village Regulations No. 05/2022 and No. 17/2022 in Tompo Bulu Village, South Sulawesi. In practice, these Village Regulations impose sanctions on prospective brides and grooms who do not comply with the rules by granting the village imam the authority to refuse to perform the marriage ceremony, thereby creating a direct tension with the pillars and valid conditions of marriage in fiqh al-munakahat. This study aims to analyze the legitimacy of Siyasah Syar’iyyah in the Village Regulations, the legal implications of the mechanism for refusing marriage contracts, and the philosophical values of the tradition of planting durian trees. Using empirical legal research methods and a legal anthropology approach, data was collected through in-depth interviews, field observations, and a documentary study of the two relevant Village Regulations. The most significant finding of this study is that, to date, there has not been a single case of a marriage contract being rejected; 98 percent of villagers voluntarily fulfill their obligations, while the remaining 2 percent are residents who married outside the village’s jurisdictional area, meaning the Village Regulation cannot legally be enforced against them. This demonstrates that sanctions function as a deterrent mechanism rather than an instrument of punishment.

Item Type:	Thesis (Undergraduate)
Kata Kunci:	Maqasid Syari'ah; Siyasah Syar'iyyah; Village Regulations; Legal Pluralism
Subjek:	A General Works > AC Collections. Series. Collected works
Program Studi:	Fakultas Hukum > Hukum Keluarga (S1)
Dosen Pembimbing 1:	Norcahyono
Dosen Pembimbing 2:	Ranti Suminar Endah
Date Deposited:	18 Aug 2026 01:55
Last Modified:	25 Aug 2026 11:47
URI:	https://etd.umpr.ac.id/id/eprint/382

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