Reflection of Islamic Law on Living Al-Hijr When Baganyi in The Community 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 when there is a conflict between husband and wife which is difficult to reconcile, the husband who leaves the residence. The departure of the husband from the wife's residence is known as baganyi. The Nagari Canduang Koto Laweh community considers baganyi to be a way of solving household problems such as when nusyuz is a wife. Baganyi is often equated with al-hijr which is permissible in Islam. The main problem in this article is how is the concept of baganyi that occurs in the Nagari Canduang Koto Laweh community, is it in line with the concept of al-hijr in Islam?, To what extent is Niniak mamak and traditional institutions involved in resolving baganyi cases?, and how effective is the baganyi in resolving household matters? In this study it was concluded that although the causes of the occurrence were almost the same, there were several differences in the practice of baganyi that occurred in the Canduang community and the concept of al-hijr which was permitted by Islam. Mamak has an important role in solving the baganyi problem, even involving his wife in this case, while 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.