Kajian Hukum Perkawinan Adat Sesuku Di Masyarakat Desa Buluh Cina Kabupaten Kampar Berdasarkan Tinjauan Hukum Islam

Ulfa, Maria (2025) Kajian Hukum Perkawinan Adat Sesuku Di Masyarakat Desa Buluh Cina Kabupaten Kampar Berdasarkan Tinjauan Hukum Islam. Other thesis, Universitas Islam Riau.

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Abstract

Traditional marriages between ethnic groups in Buluh Cina Village have distinctive characteristics that are influenced by local norms and traditions that regulate relationships between individuals and families. However, the implementation of traditional marriages often faces challenges related to the harmony between traditional values and Islamic law that applies in Indonesia. This research focuses on the local community's understanding of the concept of marriage, as well as how the practice of inter-ethnic marriage is viewed and accepted by Islamic law.The main problems in this research that will be discussed are: How are same-ethnic marriages carried out and what sanctions are given to people who carry out same-ethnic marriages in Buluh Cina Village, Kampar Regency and what is the view of Islamic law towards inter-ethnic marriages of Indigenous people in Buluh Cina Village, Kampar Regency. So the aim of this research is to find out the results of the problem formulation in this research. The research method used is a qualitative approach with interviews and direct observation of village heads, traditional heads and the people of Buluh Cina Village, as well as literature reviews regarding traditional marriage and Islamic law. The results of the research show that traditional marriages between ethnic groups in the Buluh Cina Village community are still highly respected and considered part of their cultural identity. The people of Buluh Cina Village believe that traditional marriage is not only a legal bond but also a social bond that binds extended families into one tribal unit. However, there are several aspects of same-ethnic marriages that are not fully in line with the principles of Islamic law, especially related to the prohibition on carrying out same-ethnic marriages where it is said that the ancestors swore at people who violated these provisions, which would result in disabled offspring, and the consequences that would be suffered. People who violate tribal marriage customs will be expelled from the village and/or paid one buffalo.Based on the results of the analysis of Islamic law and the concept of mahram on research data, it can be concluded that the prohibition on marriage between ethnic groups is not in accordance with the teachings of the Islamic religion because in the Al-Qur'an and Hadith there is no prohibition on marriage between ethnic groups, it does not include people who are forbidden/haram to marry. . There is a need for a more comprehensive approach in aligning traditional marriage practices with the principles of Islamic law, in order to preserve culture while still respecting religious rules. It is hoped that this research can contribute to understanding the dynamics of marriage law in a society that is steeped in local traditions and culture.

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