Analisis Larangan Perkawinan Satu Suku Di Tinjau Dari Hukum Islam Di Desa Subarak Kec. Gunung Sahilan Kampar

Arumarani, Deyang (2022) Analisis Larangan Perkawinan Satu Suku Di Tinjau Dari Hukum Islam Di Desa Subarak Kec. Gunung Sahilan Kampar. Other thesis, Universitas Islam Riau.

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Abstract

Marriage is an honorable way given by Allah swt to humans, namely with a bond that binds a man and a woman to maintain honor and dignity and avoid them from disobedience. Marriage is also contained in Law Number 1 of 1974 concerning Marriage. And in the customs of the people of Subarak Village, there is what is called the prohibition of marriage of one tribe and it tends to raise questions among the community in terms of the permissibility or inability of this marriage. There are 3 customary marriage systems, namely: (1). Endogamy, that is, a person can only marry people who are in the same tribe as him. (2) Exogamy, ie a person must marry someone who is outside his tribe. (3) Eleutherogamy, this system does not recognize restrictions or requirements like the other two systems. And in this case, the subarak village community adheres to the Exogami customary marriage system where couples who are in the same tribe are not allowed to marry. And of course it is contrary to Islamic law because in Islamic law or the Qur'an there is no mention of the prohibition of marrying one tribe and in women who are forbidden to marry nor does it mention that it is forbidden to marry a woman of one tribe. The problems in this study are as follows:First, how is the implementation of a one-tribe marriage in Subarak Village. Second, what is the view of Islamic law on the marriage of one tribe in Subarak Village. The research method used in this study is an empirical legal research method. As well as the nature of this research is descriptive analytical, while the data collection tools in this study is to use interviews and questionnaires related to this research. The results of the research and discussion that the authors found are as follows: first, the prohibition of single-ethnic marriage is a prohibition that has existed for a long time and still exists today. And a person's tribe is obtained from his mother because in Subarak Village adheres to the Matrilineal kinship system or the kinship system from the mother's lineage and if you violate these regulations, there are sanctions that apply, namely a fine with a goat or buffalo and what's worse can be expelled from the village. Second, regarding the prohibition of marriage of one tribe, it is not regulated in Islamic law or the Qur'an and also in women who are forbidden to be married, there is nothing about women who are forbidden to be married because of one tribe, therefore the law of marrying one tribe is permissible (mubah).

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