Nasir, Muhammad (2024) Pelaksanaan Adat Perkawinan Sesuku Dalam Perspektif Hukum Islam Di Desa Tanjung Balam Kecamatansiak Hulu Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

Marriage is regulated in detail in the Al-Quran and Hadith, and the rules of Islamic law, but because this is very contrary to customary law. In Islamic law, there is no prohibition on marriage between ethnic groups, but only same-ethnic marriages are prohibited according to lineage. Meanwhile, in customary law, there is a set of regulations regarding same-ethnic marriages, so many problems arise regarding prohibiting same-ethnic marriages, such as those in the Tanjung Balam village community, Siak Hulu sub-district, Kampar regency. In the fiqh books it is stated that marriage according to language has an essential meaning and a majazi meaning.The literal meaning is “al-Dammul,” which means to crush, oppress, mix, or gather, while the figurative meaning in Arabic is “mumarasat aljins,” which means to have sexual intercourse. In the village of Tanjung Balam, Siak Hulu Subdistrict, Kampar District, the penalties for intermarriage within the same clan are extremely severe. This is because the penalties are regulated by the beliefs of the Tanjung Balam village community, which have been in place since the time of their ancestors and the elders who swore an oath. Therefore, the penalties imposed on those who engage in intermarriage include being exiled to the sacred rice field of Sawah Liek, paying a fine of one buffalo, one party must relocate to another clan, the relocating clan must move to a bamboo grove or a single palm tree, and only after paying the fine are they permitted to reside in the village. If one of the families involved in the ceremony of the elders, semondo tuo, mosque imam, or village government official, refuses to attend the event.The research question in this study is how marriage between people of the same clan is sanctioned according to the customary law of the Tanjung Balam village community and how Islam views marriage between people of the same clan in the Tanjung Balam village community. The research to be conducted is a sociological-legal study based on primary data collected through interviews and secondary data, as well as fieldwork involving the analysis of primary and secondary legal materials. The results of this study indicate that there are no rules or prohibitions in Islamic law regarding marriage within the same clan, as stated by Guru Mudo Engku Sholeh Tarikat Nasabandi Suluk in the village of Tanjung Balam, Siak Hulu Subdistrict, Kampar District. During the interview, Guru Mudo Ongku Sholeh stated that what is regulated in Islamic law regarding marriage within the same lineage according to the line of descent is contrary to customary law, particularly in the community of Tanjung Balam Village, Siak Hulu Sub-district, Kampar District.

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