BIAS GENDER DALAM PERKAWINAN ADAT: STUDI TENTANG KAWIN SASUKU DI KANAGARIAN SIMARASOK KECAMATAN BASO KABUPATEN AGAM PERSPEKTIF HUKUM KELUARGA ISLAM

Abstract

The focus of this thesis study is gender bias in traditional marriages: a study of sa-tribe marriages in Kanagarian Simarsaok from an Islamic family law perspective. The problem in this thesis is for gender bias in traditional marriages, namely sa-tribe marriages in Kanagarian Simarasok and the factors that cause gender bias and the views of Islamic law regarding gender bias in the implementation of sasuku traditional marriages in Kanagarian Simarasok. This type of research is field research. Data collection was carried out through interviews with informants, namely niniak mamak, head of KAN and those who performed sasuku marriages in Kanagarian Simarasok, Baso District, Agam Regency. Data processing is done by analyzing the data using qualitative comparative techniques. Comparative means comparing one data with another. there are three forms of gender bias that occur in traditional marriages of sasuku marriages in Kanagarian Simarasok. Then, there are four factors that cause gender bias in Kanagarian Simarasok, Baso District, Agam Regency. From the results of the discussion on the findings above, the researcher concludes that in the perspective of Islamic Family Law these customary marriage rules are not contradictory in the slightest, because there are no orders or prohibitions in the texts and munakahat arguments which state that these customary rules violate the provisions of existing texts. And these gender-biased rules do not affect the concept of kafaah in the perspective of the four schools of thought.