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MARRIAGE PROCESSES OF KHALWAT PERPETRATORSIN CUSTOMARY
LAW IN ACEH
1KARIMUDDIN ABDULLAH LAWANG*, 2U. KAMILAH MUKHTAR GHAFFAR, 3FIKA ANDRIANA, 4EVA SOLINA, 5WINGKOLATIN, 6SURATMAN, 7BAHMID, 8SAFRIZAL MUKHTAR, 9M. JAFAR, 10SYAMSUL BAHRI
1Institut Agama Islam (IAI) Al-AziziyahSamalangaBireuen Aceh, Indonesia *Corresponding author: karimuddin@iaialaziziyah.ac.id 2STAISyarif Muhammad Raha, Muna-Sulawesi Tenggara, Indonesia Email: ummikamilah9@gmail.com IAIN Langsa, Indonesia 3Email: fikaandriana@iainlangsa. ac. id 4Institut Agama Islam (IAI) Al-AziziyahSamalangaBireuen Aceh, Indonesia Email: evasolina@iaialaziziyah.ac.id 5FKIP UniversitasMulawarman, Indonesia Email: wingkolatin@fkip.unmul.ac 6FakultasHukumUniversitas Islam Malang, Indonesia Email: suratmandr@unisma. ac. id 7UniversitasAsahan, Kisaran, Indonesia Email: bahmid1979@gmail.com 8Institut Agama Islam (IAI) Al-AziziyahSamalangaBireuen Aceh, Indonesia safrizalmukhtr87@gmail.com 9Islamic Family Law Department, IAIN Lhokseumawe, Indonesia asyibriqi@yahoo.com 10Institut Agama Islam (IAI) Al-AziziyahSamalangaBireuen Aceh, Indonesia syamsulbahri@iaialaziziyah.ac.id
Abstract: Custom is an unwritten norm, at the same time it is not something that can be said to be standard, but it is very strong and binding so that members of the community who violate it will be subject to harsh sanctions, even if not directly. Within the jurisdiction of the Aceh Province there have been several cases of khalwat violations committed by young people who were eventually married off by the local customary authorities, both from their own region and from other regions. In settling the case, the community leaders took their own way which is the customary law that applies among them, namely by first identifying the case and then getting married. In examining the problem of how to identify khalwat cases and marriages, the authors used a qualitative research method with a phenomenological approach. The results of the study concluded that the method of identifying khalwat cases was carried out by the community by arresting the perpetrators of khalwat and then bringing them to the village office for investigation. After this has been done, if it is proven to be khalwat,then the traditional leaders will hold a trial by presenting the families of each perpetrator, and the two perpetrators must undergo the applicable customary law process.As for solving the case by means khalwatperpetrators married by traditional leaders in accordance with village regulations(qanun) which have become customary punishments or sanctions for the local community.
Keywords: Case Identification; Wedding Procession; Khalwat perpetrators;Aceh customary law
INTRODUCTION
Regarding khalwat, the Aceh government has established a regulation, namely Qanun No. 14/2003 concerning Seclusion which regulates acts that fall under the category of khalwat acts, sanctions for perpetrators of khalwat and other matters related to acts of khalwat(Roslaili et al., 2021). With the existence of this qanun, it turned out that the practice of khalwat crimes was not able
to be significantly minimized. There are still many acts of khalwat that lead to adultery that are practiced in society, especially teenagers (Syihab, 2022). Khalwat is not a new matter among today's society, but this matter already existed at the time of the Prophet(Rakib, 2019), this can be understood from the existence of a ban on khalwat matters.
While the sanctions for khalwat perpetrators are in the form of whips or fines, in this case a complete problem arises because couples of khalwat perpetrators in some areas in Aceh are forced to marry, in fact not all khalwat perpetrators are willing to be married(Soraya Devy, 2018) and even the families of the perpetrators are not agree to the marriage between khalwat couples for various reasons such as the lack of readiness of each party or there is no compatibility (kafaah).
The development of the times as above is clearly very contrary to Islamic teachings and this should not be left unattended. Islam strictly prohibits the practice of khalwat because it leads to adultery. Khalwat is a wasilah or a very big opportunity for adultery. In this case the government has made various efforts to prevent anyone from committing rape (Aceh, 2003).
In continuing this prevention, traditional leaders have also made gampong (village) qanuns regarding khalwat. The various methods of solving khalwat and adultery cases cannot be seen simply because they will lead to various interpretations of the law (Syihab, 2022). This interpretation results in the absence of legal certainty in a regulation. This is a serious and important issue against the law, so it requires policy from policy makers.
Custom is an unwritten norm, and at the same time it is not something that can be said to be standard, but it is very strong and binding so that members of the community who violate the custom will be subject to severe sanctions which are sometimes indirectly imposed.
Within the jurisdiction of the Aceh Province there have been several cases of khalwat violations committed by young people who were eventually married off by the local customary authorities, both from themselves and from other areas who deliberately came to commit khalwat violations. In settling the case, the local community leaders took their own way which was the customary law that applies among them, namely by forcibly marrying(Rizki, 2020), and the unpreparedness of khalwat perpetrators, makes them vulnerable to divorce(Karimuddin, 2021b)(Abdullah, 2021). Apart from that, some were handed over to implementers of Islamic law (Rizki, 2020), namely WilayatulHisbah domiciled in districts or cities which were settled through regulations (Qanun) in force within the Aceh government.
LITERATURE REVIEW
Studies on the identification of khalwat cases and methods of solving cases really need to be studied, because with this study it will be known how to identify cases carried out by the community and also reactions in resolving these cases. Many studies have discussed khalwat with their respective perspectives and studies. However, this study has not yet touched on the discussion relating to the settlement of khalwat cases by forced marriage by indigenous peoples. This is based on a review of several previous literature studies which are relevant to the study of khalwat, as written by (Syihab, 2022) regarding the resolution of khalwat but does not touch upon its settlement through forced marriages.This study only discusses the settlement of finger khalwat which can be carried out through litigation (Lawang; et al., 2022) through the Syar'iyah Court(Siti Idaliyah, 2010) and the settlement through customary courts, so there is no clear focus on forced marriages. In addition, there are also articles written by (Rizki, 2020), in which this article also discusses the settlement of khalwat cases, but the focus of the study in the article is the philosophical value of why customary sanctions in Aceh are so strong. In addition, because this study discusses the issue of forced marriages by khalwat perpetrators, this study also has some relevance to studies (Karimuddin, 2021a) concerning the legality of forced marriages under fiqh or Islamic law. Basedonthe literature review that has beendescribed, this study is urgently needed to find out theidentification of cases of khalwat and theirresolutionbyforcedmarriagebyindigenouspeoples in Aceh.
METHODOLOGY
a qualitative research method with a phenomenological approach, which is a research method that functions to see real phenomena and how law works in society(Neubauer, B.E., Witkop, C.T. & Varpio, 2019). This type of research is descriptive in nature, which describes real situations and actual situations obtained from the observed behavior, namely the identification of khalwat cases and the settlement model. Sources of information were extracted from sources considered to be representative of the people of Aceh. Sources of information include khalwat actors,communities,traditional leaders,and traditional stakeholders.Data collection techniques in this study through documentation, interviews and observation.After all the data has been collected, the writer will analyze it using content analysis techniques.
DISCUSSION Theoretical foundation
The word khalwat comes from the verb ( which means alone. In the Lisan al-Arabic dictionary, the word 'j^-means empty, there is nothing in it (Mandzur, nd). Meanwhile, in the Dictionary of the Council, the word is defined as an act of seclusion in a secluded or hidden place, by a man and a woman who are both non-mahram and not husband and wife so that it can only be considered as an act of khalwat. According to the Malay Dictionary, khalwat means the act of isolating oneself, sitting alone in a state of incest in a remote place between unmarried men and women (Ismail et al., 2012).
According to the terminology, the scholars define khalwat as solitude or as a place to calm the mind from various things by only remembering Allah SWT. Based on the term used in the Hanafi, Maliki, Shaf'i and Hanbali schools, the term khalwat refers to a husband and wife relationship who live together either sexually or otherwise. According to the book of Fiqh and the hadith of the Prophet SAW, khalwat is cohabitation between foreign partners, namely couples who do not have any ties that allow both (Ismail et al., 2012). According to Imam an-Nawawi(Imran, H., & Lawang, 2022), said that both foreign men and foreign women (no blood ties) without being accompanied by a third person, this is forbidden based on the consensus of the scholars. Foreign women who are warned are women who are not his wife and not his sister who are prohibited from marrying forever because of heredity, blood ties or marriage. The cause of khalwat can be triggered by several factors, both internal factors that can affect themselves, as well as external factors in the form of external influences from a person to do khalwat.
Destruction of education and lack of understanding of religion in human life is the result of parents' lack of attention to religious education for children from an early age. Religious education grows and develops from the family, the role of parents is very important, so that religious and spiritual education is very meaningful for arousing instinctive spiritual strength and willingness in a child which is accompanied by religious activities(Petro et al., 2018). Likewise, providing children with knowledge of religion and Islamic culture that is appropriate to the child's age and the fields of faith, worship, muamalat and history accompanied by religious practice. Therefore, the difficulties experienced by young people today are caused by the negligence of their parents, allowing all problems to go their separate ways (Hussain et al., 2019).
Parents must realize that he is working for their children, therefore parents must make time for their children. Children become naughty and commit crimes, the cause is due to lack of attention, affection and understanding and sufficient time from both parents. One of the goals of marriage in Islam is to create love and affection which causes affection from the hearts of both parents to flourish. Then love and affection from children to parents, uncles, aunts or to small communities, namely families (Saedi & Safara, 2017). Then to the large community, namely the entire Muslim community who always look after each other and love each other.
So with this in mind, it is the duty of parents to spend one hour every day educating their children, for example, at mealtimes or during leisure time, the child will benefit immensely. Parents are advised to educate their children so that they like to ask questions, teach critically or pay
attention to the sweetness of studying religion. Dialogue, discussion and exchange of information between parents and their children will strengthen the bond and pave the way for children to express their personal problems.
Customary law is a product of culture which contains substance regarding cultural values of creativity, initiative, human feelings. In the sense that customary law was born from awareness of human needs and desires to live in a just and civilized way as the actualization of human civilization. In addition, customary law is also a social product, namely as a result of joint work (agreement) and is a joint work (social property) of a customary law community (Ida & Wyasa, 2017).
As for the meaning of al-'adah according to fiqh is something that has continued to apply to humans against a provision. Some fuqaha say that custom is a repetitive matter that can be accepted by a healthy character (Sayid Muhammad 'Amin, 2003).
In the same sense and substance, there is another term for al-'adah, namely al-'urf, which linguistically means a condition, utterance, deed, or provision that is known to humans and has become a tradition to implement it or abandon it. Al-'urf is what is known by humans and repeats it in his words and deeds until it becomes commonplace and generally accepted (Sayid Muhammad 'Amin, 2003).
So custom is a community habit, and community groups gradually make that custom a custom that should apply to all members of society so that it becomes "customary law". So customary law is a custom that is accepted and must be implemented in the community concerned (Lon & Widyawati, 2021).
Customs are one of the pillars of the Privileges of Aceh, as set forth in Law of the Republic of Indonesia Number 44 of 1999 concerning the Administration of Privileges of the Province of the Special Region of Aceh, Law Number 11 of 2006 concerning the Government of Aceh, Qanun Aceh Number 10 of 2008 Concerning Customary Institutions (Faisal, Mukhlis, 2023). Thus, the Government of Aceh is obliged to carry out development in the field of Customs.
The Aceh special institution that carries out the development of Customary Affairs is the Aceh Traditional Council (MAA), in accordance with Aceh Qanun Number 3 of 2004 concerning the Establishment of Organizational Structure and Work Procedures of the Aceh Traditional Council of Nanggroe Aceh Darussalam Province, Qanun Number 9 of 2008 concerning Fostering Indigenous Life and Customs, and Qanun number 10 of 2008 concerning Customary Institutions (Suyanta & M. Nur, 2016). Furthermore, the existence of the Secretariat was strengthened by Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 18 of 2008 concerning the Organization and Working Procedures of the Privileges Institutions of the Province of Nanggroe Aceh Darussalam and Regulation of the Governor of Aceh Number 33 of 2008 concerning the Organizational Structure and Working Procedures of the Secretariat of the Aceh Special Institutions Secretariat.
Since 2009 the Secretariat of the Aceh Traditional Council has been one of the Aceh Working Units (SKPA) based on Minister of Home Affairs Regulation Number 18 of 2008 concerning the Organization and Work Procedure of the Privileges Institution of Nanggroe Aceh Darussalam Province, and Aceh Governor Regulation Number 33 of 2008 concerning Organizational Structure and Work Procedures Secretariat of the Aceh Privileges Institution. The MAA Secretariat is tasked with carrying out secretarial administration, financial administration and supporting the implementation of the main tasks and functions of the MAA in providing and coordinating the experts needed by the MAA in accordance with regional financial capabilities.
The role and function of the Aceh Traditional Council (MAA) in fostering and developing customs and traditions that do not conflict with Islamic law, in carrying out its vision and mission, the Aceh Traditional Council (MAA) has main tasks and functions, namely: (1) Fostering and developing Acehnese customary institutions, (2) Fostering and developing Acehnese traditional figures, (3) Fostering and developing Acehnese customary and customary life, (4) Preserving customary values based on Islamic Sharia(Abiyoso et al., 2020).
The MAA Strategic Plan contains the vision, mission, policy direction, programs and activities, the main tasks and functions of the MAA are: "The realization of a dignified Aceh Traditional Council (MAA) Institution, to build a civilized, cultured Acehnese society based on Dinul Islam". In order to
realize this vision, the MAA establishes the following missions: (1) Fostering and empowering traditional institutions and traditional leaders, (2) Fostering and developing customary law. customs, (4) Assessment and research on customs and traditions (Abiyoso et al., 2020).
DISCUSSION OF RESEARCH RESULTS
Custom is an unwritten norm and at the same time it is not something that can be said to be standard, but it is very strongly binding so that members of the community who violate customs will receive harsh sanctions which are sometimes indirectly imposed. For example, in one village in Aceh, there were perpetrators of khalwat who were married off. Therefore, the identification of the problem here is evidence that there are cases that are still in the minds of every community in Aceh, even though there have been qanuns that address this matter, but implementation is considered slow.
Based on information from interviews with the Chairperson of the Aceh Traditional Council, he confirmed that there were cases of khalwat marriages in the area with different mechanisms and backgrounds (Interview Results: MB). Meanwhile, the Islamic Sharia Development section said that some of the khalwat incidents coincided with weddings, so this kind of event was used as an opportunity for seclusion. In addition, khalwat also often occurs in cafes that provide karaoke rooms, and what's worse is that cafes are only used as transit places, while khalwat is carried out in other places, for example to Medan or other places (Interview Results: FC). The statement in this interview was also justified by reports in the media where the WilayatulHisbah Police (WH) together with Satpol PP often conduct raids against perpetrators of violations of Islamic law (Gade, 2022).
Regarding this matter, it is necessary to know with certainty how the community can identify a matter that can be sentenced to khalwat. Therefore, to answer this problem, the researcher asked the question "How is the understanding of the community as well as traditional stakeholders regarding khalwat'. Khalwat is the way of Satan to tempt people and lead them into adultery. Islamic Shari'a has closed this path and blocked it so that Muslims are safe from it. At the same time, khalwat is an act which is unlawful" (Interview Results: TW). Based on these responses, it can be understood that the understanding of the customary community regarding khalwat, namely the behavior and behavior of two people of the opposite sex who are together in a quiet place and both are not mahrams and khalwat is an act that can make a person fall into adultery.
Based on the observations made by the researchers, it can be seen that Islamic law is still very strong in society by emphasizing on couples of the opposite sex who are not mahrams if they go out together, especially at night. Next, the researcher asked about how the community recognizes khalwat cases, while the question is "How do people identify khalwat cases". One of the respondents replied: "The method used by the community to recognize khalwat cases, yes, it has happened before, such as being alone in quiet places, then some people caught him and directed him to the village head's office and investigated and during the investigation the community will find out whether the two are mahrams or not and whether they are married or not" (Interview Results: TW).
How to identify khalwat cases, usually the people catch them and then take them to the village head's office and there an investigation is made in the form of a question and answer with the party concerned to ensure the relationship between the two, after that if the two are proven not to be mahrams, the families of both parties will be summoned and if the family approves it will be married with the conditions that already apply. This is an attempt to cover the disgrace of both parties' families" (Interview Results: TZ).
There are also khalwat perpetrators who are married off because they are found together in a quiet place at night and this is handled by the customary leaders in the local village in accordance with the customary regulations in force in that village, because here is a Circular Letter from one of the districts/cities in Aceh regarding strengthening Custom Courts, namely Circular Letter Number 430/4255/2022 addressed to ImuemMukim (heads at the settlement level) and Geuchik (village heads) to form customary courts for each village and settlement. So every village already has a qanun in the form of a village level regulation that regulates customary justice issues including the resolution of cases of khalwat like this" (Interview Results: MB).
In accordance with the responses given by the respondents above, it can be seen that the community's way of identifying cases of khalwat (if there are couples of the opposite sex alone in quiet places) is by arresting and directing them to the village head's office and conducting an investigation into status of related parties, whether mahram or not and married or not. If it is proven that both of them are not mahrams and have never been married, they will be taken to the meunasah and wait for the families of both parties to settle.
To justify the responses given above, the researcher met with parties who had been directly involved in settling khalwat cases. "I was once involved in solving khalwat cases. After conducting an investigation, it turned out that the two of them were not mahrams and had never been married. Then we and the Custom leaders summoned their families and according to the resam or qanun that has been in force in our village" (Interview Results: TW).
The observations and responses given by the respondents above serve as reinforcement for justifying previous responses. Therefore, the way for local people to identify cases of khalwat is by adjusting their understanding of khalwat itself and then arresting and directing them to the Geuchik office and carrying out an investigation, then if it is proven perform khalwat (not a mahram and not married) then raised to the meunasah if the family agrees then they will be married according to the applicable regulations.
In relation to the khalwat case, the legal process carried out by the traditional gampong (village) leaders is to use the gampongresam (qanun) which has become the custom or habit of the local community regarding this case. The resam used by village traditional leaders in relation to the khalwat case are as follows: (1) Each couple who commits khalwat will be brought to the Geuchiks office and then married with the consent of the family. (2) The dowry for the khalwat perpetrator is one lot of gold and five hundred thousand (500,000).hundred thousand (1,500,000) (Village Qanun, 2022).
Based on archival data from the qanun of one of the villages mentioned above, as the researchers found when conducting observations at the village office, it is necessary to know how the clarification was so that the existence of the resam became a shield for the village community in following up on khalwat cases.Actually the resam or qanun is the result of an agreement in the deliberations of the residents and customary stakeholders in our village, and the resam has been around for a long time, even long before I became the village head, and the existence of the resam has become something that has been deeply ingrained in my soul. the local community which cannot be contested anymore even though there are Aceh qanuns that are more complete, such as the qanun of Nanggroe Aceh Darussalam Province, Number 14 of 2003, concerning khalwat" (Interview Results: TW).
The existence of resam that has been determined by the customary stakeholders is a legal stipulation that applies to the khalwat case in the village which cannot be contested in its legal settlement. The response given by the respondent above was in accordance with the statement from the traditional leader when the researcher met him and gave comments regarding the same problem.
CONCLUSION
Khalwatperpetrators in the legal process carried out by gampong(village) traditional leaders is by using gampongresam(qanun) which has become a custom or habit of the local community regarding this case. In this case, traditional leaders will hold a trial by presenting the families of each perpetrator. As explained by the traditional leaders, the two actors must undergo the applicable customary law process.As for the resam used by traditional village leaders regarding the khalwat case, each couple who commits khalwatwill be brought to the Geuchik office and then married with the approval of the family. The dowry for the khalwat perpetrator is one (1) lot of gold and five hundred thousand (500,000) in cash. Couples who are caught committing khalwator immorality will be subject to sanctions in the form of two (2) or one (1) male goats along with the complete ingredients, such as rice, coconut and other ingredients and a cash fine of one million five hundred thousand (1,500,000).
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