THE PHENOMENON OF RANDOM PITI IN SUMBA, EAST NUSA TENGGARA IN THE PERSPECTIVE OF FIQH AND POSITIVE LAW

Abstract

Marriage is a very sacred thing that requires a lot of consideration before carrying out the marriage which requires mental and spiritual readiness on the part of both men and women. Religions, countries and cultures all have rules regarding marriage. The Islamic religion regulates marriage matters in very detailed and thorough manner. Islam sets the conditions and pillars of marriage. Not only that, Islam also provides instructions and guidance starting from the pre-marriage process, starting from selecting a partner, the process leading to marriage, to its implementation. All of this is carried out by adhering to the noble values ​​of Islam. Marriages within the nation and state must be regulated in as much detail as possible. This is because marriage is the initial gate for the creation of the smallest group in the country, namely the family. If the marriage regulations are not clear, it will result in chaos in the country, especially in terms of administration and a person's position in the eyes of the law. At the cultural level, marriage is something that is very sacred for its members to carry out all the traditions that have existed since their ancestors. Customary law plays a very important role in controlling relations between humans. One of the customary laws regarding marriage in Indonesia is the custom of the Sumba tribe which is located in East Nusa Tenggara Province. The Sumba tribe itself adheres to a patrilineal family system with various customs and traditions which are still maintained to this day, this can be seen from the way Piti Rambang (Captured Marriage) is carried out, where the marriage occurs under coercion by one of the parties. The current Piti Rambang tradition has deviated and is no longer in accordance with tradition. Piti Rambang is now more similar to kidnapping and humiliating women. The current practice of Piti Rambang not only contains women, but also insults traditions that have been passed down from generation to generation in Sumba. Piti Rambang also destroyed the noble traditions of the Sumba people's ancestors.