i
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
ii
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
Student Number
Title
: Gunawan
: 211 11 009
: 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.
iii
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 : www.iainsalatiga.ac.id E-mail : administrasi@stainsalatiga.ac.id
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
iv
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
TELLING OF PRIMBON 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
v
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)
vi
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.
vii
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
viii
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, Bandungan, Semarang). A Thesis. Syariah Faculty. Ahwal as-Syakhsiyyah
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
primbon is lawful. There is only a religious leader of Sidomukti who rejects the 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.
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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
x
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 ...67
CHAPTER 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
xi
CHAPTER V: CONCLUSIONS, RECOMMENDATIONS, AND CLOSING
A. Conclusions ...93
B. Recommendations ...94
C. Closing ...96
BIBLIOGRAPHY
1 CHAPTER 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
2
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
3
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:
ٓٙعاٚصأ ٓؾىٕ٠ ْأ ٍٓ٘ٛعؼر لاف
:حشمجٌا(
ٕٖٕ
)
“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
4
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:
لاِبؼٌّا ٟف ًصلأا
)ءب١يلأا( د
لإا
خؽبث
The meaning:
5
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:
ٟثأ ٓػ
بفاشػ ٚأ بٕ٘بو ٝرأ ِٓ : يبل ٍُع ٚ ٗ١ٍػ الله ٍٝص ٟجٌٕا ٓػ ٓغؾٌاٚ حش٠ش٘
ٍُع ٚ ٗ١ٍػ الله ٍٝص ذّؾِ ٍٝػ يضٔأ بّث شفو ذمف يٛم٠ بّث ٗلذصف
The 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
6
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
7 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
8
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 looking 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 and fiqh. Shari'ah is an affair
described by a prophet spoken of the prophets (Hadith) and an affair revealed by Allah of some laws (Qur'an). 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
9
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
10
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 thesis 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
11
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
12
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
13
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
14
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
15
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
16
7. Stages of the Study
Stages of the study conducted by the researcher are as follows:
a. Before doing research, the researcher decided the title that would be
researched which was marriage prevention due to fortune-telling of
primbon.
b. 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.
c. 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.
d. Then the researcher wrote a research proposal.
e. After the research proposal was accepted, the researcher went to the
location for collecting data by observation, interview, and
documentation.
f. Data analysis was conducted starting from data collection up to all of
data collected.
g. Compiling the research report.
H. Structure of the Thesis
CHAPTER I, introduction consists of background of the study, focus of
the study, purpose of the study, significance of the study, definition of key
17
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
18 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
بعٚضر ,طٚضز٠ ,طٚضر
. Etymologically, marriage is annexation (ُظ
)and gathering )
غّع
( (Dimyati, 1997: 254). And Abdurrahman al-Jaziri(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:
ّٓعز٠ ذمػ بػشيٚ
ئ
ظفٍث ئغٚ خؽبث
ئ
ظ٠ٚضر ٚا ػبىٔ
“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
19
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
20
ٓصؽأٚ شصجٌٍ طغأ ٗٔاف طٚضز١ٍف حءبجٌا ُىِٕ عبطزعا ِٓ ةبجشٌا ششؼِ ب٠
ءبعٚ ٌٗ ٗٔاف َٛصٌبث ٗ١ٍؼف غطزغ٠ ٌُ ِٓٚ طشفٌٍ
)ٗ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 (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:
21
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. To move toward the better life
Allah commands human being to marry and certainly if they are
poor, He will make them rich. That command can be interpreted that
one of the purposes of marriage is to move toward the better life by
uniting the wife‟s and the husband‟s virtue power. It was explained in
the Quran sura al-Nur verse 32:
َءاَشَمُف اُُٛٔٛىَ٠ ِْْئ ُُْىِئبَِِئَٚ ُُْوِدبَجِػ ِِْٓ َٓ١ِؾٌِبَّصٌاَٚ ُُْىِِْٕ َِٝبَ٠َ ْلأا اُٛؾِىَْٔأَٚ
all, and he knoweth all things (Ali, 1987: 172).e. To increase the ummah of Muhammad
َُْٕٗػَٚ
22
Day of Resurrection." [Reported by Ahmad. and Ibn Hibban graded it Sahib (authentic)]. The aforesaid Hadith has a supporting narration reported by Abu Da'ud, An-Nasa'i and lbn Hibban from Ma'qal bin Yasar's Hadith (Asqalani, 2002: 313).
f. To know and love each other
O mankind! We created you from a single [pair] of a male and a female, and made you into nations and tribes, that ye may know each other [not that ye may despise [each other]. Verily the most honoured of you in the sight of Allah is [he who is] the most righteous of you. And Allah has full knowledge and is well acquainted [with all things] (Ali, 1987: 262).
3. Law of Marriage
The Islamic scholars have some different opinions on the legal origin
of marriage.
a. The first opinion: that the legal origin of marriage is compulsory
(Syaukani, 1998: 117). It is the opinion of some scholars. Syekh
al-Utsaimin said that many of the scholars said that a person who is able
to (physical and economic) to get married, then it is obligatory for
him to get married, bacause basically the order shows the liability,
and in the marriage are the great benefits (Utsaimin, 2002: 179).
While the arguments of the first opinion are as follows:
1) HadistAbdullah bin Mas‟ud (may Allah bless him) that said:
23 immorality. And whoever cannot (marry) should fast, for it is a means of reducing the sexual desire” [Agreed upon] (Asqalani, 2002: 313).
The hadist of messenger of Allah above orders the youth to marry
by his saying “
طٚضز١ٍف
”, that sentence contains the command. Andthe command implies the obligation. The ushul fiqh rule stated
that:
ةٛعٌٍٛ شِلأا ٟف ًصلأا
(basically, the command implies theobligation).
2) That marriage is the behavior of the Messengers of Allah, as the
word of Allah sura al-Ra‟d verse 38, which is:
We did send messengers before thee, and appointed for them wives and children: and it was never the part of a messenger to bring a sign except as Allah permitted [or commanded]. For each period is a Book [revealed] (Ali, 1987: 116).
3) Hadist narrated by Anas bin Malik (may Allah bless him) that
marriage is one of the Muhammad‟s tradition (sunnah). And
whoever hates to the the Muhammad‟s tradition, he is not His
follower. The hadist is as below:
24 companions of the Prophet (may Allah bless Him) asked the wives of the Prophet (may Allah bless Him) about His hidden
deeds. Some of them were saying, “I am not going to get married”. Then some of them said, “I will not eat meat”. And others said, “I am not going to sleep on top of my bed”.
Hearing those words, the Prophet praised Allah and extolled
Him, then He said: “what‟s wrong with them? They said so
and so, and I pray, I sleep, I fast, I break my fast, and I marry women. He who is displeased with my sunnah (practices) is
not my follower” (Agreed upon) (Muslim, 1988: 1020).
4) Not getting married is similar to Nashara, while resembling them
in the matter of worship is forbidden. Syekh al-Utsaimin (2002:
80) said:
“…and due to leaving the marriage while he is able to, is a
form of resembling to nashara who leave the marriage as a form of worship. While resembling with worship of
non-Muslim is forbidden”.
b. The second opinion: that the legal origin of marriage is sunnah
(recommended), not compulsory. It is the opinion of the majority of
scholars. Imam Nawawi (1996: 173) said that this is our schools
(Syafi‟iy) and schools throughout the scholars that the command to
marry here is a suggestion, not obligation. And one who makes it
compulsory is unknown except Daud al-Zahiri, those who agree with
him are the followers of Ahlu Dhahir (Dhahiriyah) and narration of
25
1) The word of Allah in sura an-Nisa verse 3:
نإو
orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly [with them], then only one, or [a captive] that your right hands possess, that will be more suitable, to prevent you from doing injustice (Ali, 1987: 38).the scholars of usul fiqh that giving a choice between mandatory
and non-mandatory, will cause the loss of compulsory itself, and
will lead to that people leaving obligations are innocent (Nawawi,
1996: 174). The command in the above hadist of Abdullah bin
Mas‟ud on marriage command for one who was able (physically
and financially) is not meant as obligation, but istihab
(voluntary).
2) That the benefit of marriage is back to the subject itself especially
one who gets married, so it can be said that command to marry in
26
While laws of marriage based on the condition of the subject are as
follows:
a. Obligatory
Marriage is obligatory for person who has a high desire to get married
because his desire is volatile, while he has sufficient economic
capacity. He was disturbed by his high desire, so that it should be
feared fall in adultery.
b. Recommended
Imam Nawawi (1996: 172) in his book Syarh Shahih Muslim,
especially chapter of recommended marriage for one who wants,
while he has property, states that marriage is recommended for one
who has lust and property, but does not worry fall into immorality
and adultery.
c. Permissible
Law of marriage is permissible for those who have lust, but do not
have property. Or for those who have property, but have no lust
(Utsaimin, 2002: 180).
d. Disliked
Law of marriage is disliked for person who has no wealth and no
desire to get married (impotence). Likewise, one who has desire to
get married, but has no enough wealth, for him marriage is disliked.
For one who has wealth, but no desire to get married (impotence),
27
1) It is not disliked to get married, but it is better for him to
concentrate in worship. This is the opinion of Imam Syafi‟i and
the majority of Syafi‟i scholars (Nawawi, 1996: 174).
2) It is better for him to get married. This is the opinion of Abu
Hanifah and some of Syafi‟i and Maliki scholars.
e. Forbidden
Marriage is forbidden for one who felt not able to be responsible and
will abandon his wife and children (Duraiwisy, 2010: 20).
4. Pillars of Marriage
Zainuddin Al-Malibari (2001: 58) in his book Fath al-Mu‟in states
that pillars of marriage are five which are:
a. Bride
Most of scholars agreed that the bride who wants to be married must
meet some conditions as follows:
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 (haji or umrah)
8) No husband
28
b. Groom
According to Annullah Indi (2008: 42), men who want to marry must
meet some conditions formulated by majority of scholars as follows:
1) Moslem
2) His male is clear (not homosexual)
3) No compulsion
4) Not having 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 (haji or umrah)
c. Guardian (of The Bride)
That woman‟s guardian is a pillar of marriage is based on the
hadist of Allah‟s Messenger narrated by Abu Burdah that marriage
without guardian (of bride) is not valid. It is as written in Bulugh
al-Maram book (Asqalani, 2002: 340):
ِ َّ َالله ُيُٛعَس َيبَل : َيبَل ِٗ١ِثَأ َْٓػ , َٝعُِٛ ِٟثَأ ِْٓث َحَدْشُث ِٟثَأ َْٓػَٚ
-
ٗ١ٍػ الله ٍٝص
َس " ٌٍَِِّٟٛث َّلاِئ َػبَىِٔ َلا " ٍُعٚ
ُخَؼَثْسَ ْلأاَٚ ُذَّْؽَأ ُٖاَٚ
ِِّٟٕ٠ِذٌََّْا ُْٓثِا َُٗؾَّؾَصَٚ
ِيبَعْسِ ْلإبِث ًَِّػُأَٚ , َْبَّجِؽ ُْٓثاَٚ , ُِّٞزِِْشِّزٌَاَٚ
29
Generally there are three types of guardian. And the follows are
the order of the guardian:
1) Lineage Guardian
Lineage guardian is a guardian who has right to be guardian due
to having family relation. While the order of lineage guardian
according to Syafi‟i Scholar is as follow:
a) Biological father
b) Grandfather from the father‟s side or older
c) A male sibling of the same father and mother or same father
d) A nephew from the father‟s side of the same father and
mother
e) An uncle from the father‟s side of the same father and mother
f) A nephew from an uncle from the father‟s side of the same
father and mother (cousin)
2) Ruler Guardian
Ruler guardian is a ruler of a district who has power or authority
for representing matters of the society.
3) Muhakkam Guardian
Muhakkam guardian is a ruler guardian but in emergency
condition such as no lineage guardian and sovereign goverment.
Abdul Aziz al-Malibary required for guardian three conditions:
30
2001: 350). But another scholar did not require the just („adalah) as
condition for guardian (Sabiq, 1992: 72).
When seen from nature of guardian, guardian is devided into two
types: forcing guardian (mujbir) and refusing guardian („adhol). Wali
Mujbir is regarded as the perfect guardian because he has full power
to endorse a marriage on behalf of everyone under his care. Although
a father may marry her virgin daughter without her consent, it is
sunnah (recommended) for the father to request her consent. And the
father may not act freely using his ijbar authority. He has to make
sure that his actions are just and fair for the benefits of his daughter.
That is why Islam has enforced three conditions which allow for the
ijbar authority of the father to be enforced upon his daughter:
1) There is no apparent dispute between father and daughter
2) The groom must be suitable for the daughter
3) The prospect husband is capable of paying the dowry (mahar)
immediately.
According to Syafi‟i, the forcing guardian is only father and
grandfather (father of father) (Malibari, 2001: 60). While refusing
guardian is lineage guardian who refuses his children to get married
without any Islamic legal reason.
d. Two Witnesses
People who can become witnesses in a marriage must meet
31
1) Moslem
2) Adult
3) Sane
4) Male
5) Just
6) Listener
7) Seeing
8) Understanding the marriage contract
e. Contract (offering and acceptance)
There are some conditions of contract that marriage can be valid,
which are:
1) Offering and acceptance must be successive
2) Sentence of offering and acceptance must be clear
3) Sentence of offering and acceptance must be listened and
understood by at least two witnesses
4) Name of bride must be mentioned clearly
5) Contract must not be conditional and temporary
6) No long spare time between offering and acceptance
7) Using word of marriage
5. Marriage Prohibition
Man and woman are not always allowed to get married due to some
prohibiting causes by Islamic law and also dangerous medically. Those
32
into two types: muabbad (permanent) and ghoiru muabbad
(impermanent);
a. Permanent prohibition
Causes that make a woman prohibited to be married by a man
permanently (forever) are divided into three types: cause of blood
relation, marital relation and breast feeding relation.
1) Lineage relation
Those who include in lineage relation are:
a) Mother (including grandmother to up, either of the mother‟s
side or the father‟s side)
b) Daughter (including granddaughter to down)
c) Sister (either of the same father and mother, same father or
same mother)
d) Sister of mother
e) Sister of father
f) Niece (daughter of sister or brother)
2) Marital relation
Those who include in marital relation are:
a) Mother in law
b) Stepdaughter (if her mother has been fucked)
c) Ex daughter in law
d) Ex stepmother
33
There are several pillars and conditions that cause person suckled
become forbidden to marry:
a) Breast feeder
Person who feeds the breast must meet some conditions as
below:
(1) Breast feeder must be a woman
(2) Breast feeder when feeding must be alive
(3) Age of breast feeder must have possibility to bear a child.
So when breast feeder is less than nine years old, it does
not make a breast feeding relation.
b) Milk
There is no condition for milk to be still original such as at
the beginning of flowing out from breast. So the milk
changed become cheese or the other can still cause suckling
relation.
c) Object
There are three conditions of object so that person can
become breast feeding relation:
(1) Milk must reach to stomach
(2) Person breastfed must less than two years old
(3) Person breastfed must be alive
In bulugh al-maram book stated that condition of
34
363). And those five times must be separated one and another by
long time.
While women who include in breastfeeding relation are:
a) Woman who breastfeeds
b) Sister under breastfeeding relation
Beside of causing prohibited to marry with woman who
breastfeeds and her daughter, breastfeeding relation also causes
prohibited to marry with sister of breastfeeder, daughter of sister
or brother under breastfeeding relation. It is base on the hadist of
Allah‟s Messenger explaining that thing prohibited due to lineage
relation, prohibited due to breastfeeding relation too:
َِٟظَس ٍطبَّجَػ ِْٓثِا َِٓػَٚ
Narrated Ibn 'Abbas: The Prophet * was offered to marry the daughter of Hamza. He said, "She is unlawful to me for she is the daughter of my brother in suckling; and what is unlawful by reason of blood relationship is unlawful by reason of suckling relationship" [Agreed upon] (Asqalani, 2002: 362).
b. Impermanent prohibition
There are several causes that make woman become prohibited to
be married by a man. However, those causes are only in particular
time, if they are lost, the woman is permitted to get married. The
35
1) Marital relation
Woman who is still in marital relation is prohibited to get married
until she was divorced and ends her waiting period. Because in
Islam, the principle is one husband. This is corresponded to
Allah‟ saying in sura al-Baqarah verse 235:
c
There is no blame on you if ye make an offer of betrothal or hold it in your hearts. Allah knows that ye cherish them in your hearts: But do not make a secret contract with them except in terms honourable, nor resolve on the tie of marriage till the term prescribed is fulfilled. And know that Allah Knoweth what is in your hearts, and take heed of Him; and know that Allah is Oft-forgiving, Most Forbearing (Ali, 1987: 17).
2) Bain kubra divorce (divorced three times)
Woman divorced three times by her husband is forbidden to
remarry with her ex-husband untill she has been married by
another man and divorced. However, her marriage to the second
husband must be natural, not for the purpose of allowing her to
remarry to the first husband. If she got married and divorced for
the purpose of allowing her to remarry to the first husband,
legally it can permit her to remarry with the first husband
36
3) Marrying two woman or more who are still in sisterhood
Man who is still in marital relation with his wife (including
in waiting period) is forbidden to marry with:
a) Sister of the wife
b) Sister of the parent in law
c) Niece of the wife
d) Aunt of the wife
This prohibition will be lost if the wife was divorced or died. So
if the wife was divorced or died, the ex-husband is permitted to
marry her sister.
4) Marrying more than four women
This limitation of four wives in one period is based in Allah‟s
saying in sura an-Nisa verse three as follow:
َْٕٝضَِ ِءبَغٌِّٕا َِِٓ ُُْىٌَ َةبَغ بَِ اُٛؾِىْٔبَف َِٝبَزَ١ٌْا ِٟف اُٛطِغْمُر َّلاَأ ُُْزْفِخ ِْْئَٚ
َعبَثُسَٚ َس َلاُصَٚ
. . .
“If ye fear that ye shall not be able to deal justly with the orphans,
Marry women of your choice, Two or three or four...” (Ali, 1987:
34).
This prohibition of marrying more than four women ends when
one of them was divorced or died and he can look for another
one.
37
This prohibition of inter religion marriage is based on Allah‟s
saying in sura al-Baqarah verse 221 as follow:
ٌََْٛٚ ٍخَوِشْشُِ ِِْٓ ٌشْ١َخ ٌخَِِْٕإُِ ٌخََِ َلأَٚ َِِّْٓإُ٠ َّٝزَؽ ِدبَوِشْشٌُّْا اُٛؾِىَْٕر َلاَٚ
unbelieving woman, even though she allures you. Nor marry [your girls] to unbelievers until they believe: A man slave who believes is better than an unbeliever, even though he allures you. Unbelievers do [but] beckon you to the Fire. But Allah beckons by His Grace to the Garden [of bliss] and forgiveness, and makes His Signs clear to mankind: That they may celebrate His praise (Ali, 1987: 15).6) Temporary (mut‟ah) marriage
Nikah al-Mut'ah or the marriage of pleasure, a marriage
stipulated to be temporary. This marriage is automatically
terminated at the end of the agreed period which may last an
hour, a day, a week, a month, or longer. This is false and illegal
type of marriage, because it rurns a woman into a commodity
which exchanges hands. Ir is also harmful to offspring's who
would have no secure home to settle down in which they would
be reared. The purpose of this marriage is to fulfill carnal desire
only, not to produce offspring. It was lardul only in the early
stage of Islam for a very short period of time, and was later
38
7) Tahlil marriage
Nikah al-Muhallil is marrying a woman that has been trebly
divorced, on the condition of his divorcing her after
consummation of the marriage, in order that she may become
lawful to be remarried to the former husband. If the second
husband has intended to marry such a woman just for the sake of
legalizing her for her former husband, or if they previously
agreed on this, such marriage is invalid. The Prophet, peace be
upon him, said: Allah Has cursed the al-Muhallil and the Muhalal
1ahu (the former husband).
8) Syighar marriage
Nikah ash-shighar is giving by a guardian a woman in marriage
to a man on the condition that the latter would give him one of his
own womenfolk in rerurn without dowry. Both marriages are not
valid. But if each woman has a dowry assigned to her without
pretext or a gimmick, their marriage would be valid. If one of the
two brides has a dowry assigned to her, only her nikah is valid,
while the other one's is not (Tuwaijiry, 2000: 12).
9) Badal marriage
Exchange marriage, or baadal, is an agreement between two
families on “exchanging” daughters or other female family
39
involve several women from each family) of one of the parties is
married into the other party‟s family, and vice versa.
10) Khadan marriage
Khadan means concubine. So khadan marriage is a marriage with
the intention to make the spouse, either man or woman, as a
concubine.
11) Istibdha‟ marriage
It is a marriage by making the bride as a bidha‟ah (whore) which
is by lookig for a special man, such as genious or honourable
man, to do coitus with the bride then being pregnant and bear a
child who has good nature like that man.
12) Inheritance marriage
Inheritance marriage is a marriage inherited from the inheritant.
When the leaves a wife or husband, the inheritees vied to get him
or her. So the inheritees do not only inherit the properties, but
also the spouse of the inheritant.
13) Misyar marriage
Misyar marriage or traveller's marriage is a type of nikah
(marriage contract) that is ostensibly carried out with the
objective of allowing a couple to engage in intercourse in a
permissible (halaal) manner. The husband and wife thus joined
surrender several marital rights, such as living together, equal
40
rights to housing and maintenance money (nafaqa), and the
husband's right to homekeeping and access.
6. Refusing Guardian (wali ‘adhal)
Definition of refusing guardian is so many, but the writer want to
define the refused guardian according to Wahbah al-Zuhaily as follow:
Refusal of guardian to marry his child who has been puberty and sane with a person who is equal to that child. If the child asked his or her guardian to be married and each of the man and the woman loves each other, this refusal is legally forbidden. (Zuhaily, 1997: 6720).
The above definition can be concluded that there are five elements
that a guardian may be called as refusing guardian which is forbidden in
Islam:
a. Refusal of the guardian to marry his children
b. Application of the daughter to be married with that man
c. Equality of bride and groom
d. Feeling love each other between bride and groom
e. Reason of refusal is contrary to syara‟ and it may be dangerous
From the reason number 5 above, it can be underlined that one of
reasons admitted in Islamic legal for guardian to prevent his daughter
marrying with the man is for avoiding a danger which will fall on the
bride or groom. Because according to Islamic fundamental jurisprudence
(ushul fiqh), the danger must be removed, as written by Abdul Hamid
Hakim (2004: 29) in his book mabadi‟ al-awwaliyah as follow:
ياض٠ سشعٌا
41
When thought wisely, basicly most guardian refusal reasons to marry
his child are due to for beneficence of the child such as the candidate is
not good behaviour, not rich, not handsome, not having good future, etc.
However, basicly Islam prohibited guardian prevent his child to get
married. It is based on Allah‟s word in sura al-Baqarah: 232 as follow:
ٓٙعاٚصأ ٓؾىٕ٠ ْأ ٍٓ٘ٛعؼر لاف
But there are several reasons admitted in Islamic legal for guardian to
refuse or prevent his children from marrying with a person. So if a
guardian refuses or prevents his children from marrying due to these
reasons, he is not called as refusing guardian. Those reasons are as stated
by Sayyid Sabiq (1992: 121) as follow:
طٚضٌا ْٛـى٠ ْأـو يٛجمِسزػ تـجغث عبـٕزِ لاا ْبـوارابـِأف
While a guardian prevents due to acceptable reason such as the groom is not equal (to the bride), his dowry is less than common dowry, there is another man who is more appropriate and more equal to the bride. So due to those reasons, guardianship can not move to judge guardian because that guardian can not be called as refusing guardian.
It can be concluded that according to Sayyid Sabiq there are three
Islamic legal resons for guardian that can refuse or prevent his children to
42
a. Not equal (between the man and the woman)
b. The dowry is less than common dowry
c. There is another one more equal
D. Fortune-Telling Based on the Perspective of Islamic Law
1. Definition of Fortune-Telling of Primbon
According to Indonesian Dictionary, fortune telling (ramal) is a sand
used to see fortune or to know what will happen (Alwi, 2007: 186).
Seasite dictionary gives definition of fortune telling as seeing what will
happen in the future or seeing one‟s fortune by looking at the hand lines
and face shape. While global dictionary defines fortune telling (ramal) as
a knowledge to predict on one‟s fortune in the future and his way of life.
And English dictionary defines fortune telling as an act or practice of
predicting the future (Hornby, 2005: 284). So it can be concluded that
fortune telling is predicting on one‟s fortune in the future.
In Arabic, fortune teller is called as „arraf and kahin
(
ٓ٘بو ,فاشػ
).
While „arraf (
فاشػ
) is one admitting know the future and past affair suchas knowing where the stealer lives and where the stolen goods is
(Baghawi, 1991: 751). While
ٓ٘بو
is one informing the future occurance,admitting know the secrets and supernatural. It is as defined by Munawi
(1987: 689) below:
فخ امب وأ ةيضاملا روملااب ربخي نم فارع
ى
The meaning: „Arraf is one informing the past matters or secret thing.
