MOMBOLASUAKO (ELOPING) ISLAMIC LAW PERSPECTIVE: Study in the Coastal Tolaki Society of Southeast Sulawesi

Abstract

This article examines the phenomenon of marriage in Coastal Tolaki society of Southeast Sulawesi as a formal institution pursued between men and women through relatively strict customary law. The pattern of marriage they hold holds fast to the principle of "married to a close family" (endogamy); and the costs incurred are very large. This condition triggers actions that come out of the traditions of local communities such as "eloping"; in the Tolaki language, it is called mombolasuako. Therefore, this article focused on the dynamics of mombolasuako viewed from the perspective of Islamic law. Normative and sociological approaches were used in this article to explain the dynamics and paradigmatic of mombolasuako marriage. This article found that the mombolasuako action arises because it is formed from the paradigmatic side of the Tolaki community which was relatively incompatible with marital customs. However, from the perspective of Islamic law, mombolasuako is an action that falls into the category of sadd az-zariah actions, in which are: actions that originally had benefits, but instead led to obstructions.