Reflections on Islamic Law on Living Al-Hijr when Baganyi in the Community of Nagari Canduang Koto Laweh

Abstract

After marriage the husband will live in the wife's house (matrilocal) but must go through the Bajapuik tradition first, this is the consequence if there is a conflict between husband and wife when the husband leaves the residence, this is known as Baganyi. The Nagari Canduang Koto Laweh community considers Baganyi to be a way of solving household problems when nusyuz is a wife. Baganyi is often equated with al-hijr. The main problem in this article is how the concept of Baganyi that occurs in the Nagari Canduang Koto Laweh community, is in line with the concept of al-hijr in Islam?, how far is the involvement of Niniak mamak and traditional institutions in resolving baganyi cases? how effective is Baganyi in resolving household cases? ladder?. The type of research used in writing this article is a field study by direct observation of the Baganyi case, as well as by studying various literature relevant to the study being conducted. Through a qualitative descriptive approach, it is known that the reasons for Baganyi are caused by infidelity, quarrels, prolonged disputes, expulsion by one party, and too much interference by third parties in household matters. It is concluded that even though the causes are almost the same, in practice baganyi is not in line with the concept of al-hijr. The Baganyi tendency is carried out by not paying attention to the al-hijr principles that have been regulated in the texts. Mamak and traditional institutions have an important role in solving the Baganyi problem, however, the customary institution that used to act as a partner consulting body has now begun to lose its role since the KUA took over the task of marriage. Regarding the effectiveness of Baganyi as a settlement of household cases, it is considered less effective, because bringing domestic family problems out of the house and completely cutting off communication will make the problem more protracted and bigger.