Suhendri, Ivon (2023) Penegakan Sanksi Adat Kawin Sesuku Pada Masyarakat Desa Kebun Tinggi Pangkalan Kapas Kecamatan Kampar Kiri Hulu Di Tinjau Dari Hukum Islam. Other thesis, Universitas Islam Riau.

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Abstract

According to the custom of Kebun Tinggi Village, Pangkalan Kapas, Kampar Kiri Hulu District, marriages are exogamous, meaning that marriages must come from outside the ethnic group. In this exogamy marriage system, people of the same ethnicity are not allowed to marry each other even though they have grown to hundreds of people, because the people of Kebun Tinggi Village, Pangkalan Kapas District, Kampar Kiri Hulu District, who are of the same ethnicity are considered badunsanak or brothers. The author's interest in researching same-tribal marriages in Kebun Tinggi Village, Pangkalan Kapas District, Kampar Kiri Hulu District, is because the authors see that in that village there are still several pairs of families who marry with the same ethnicity even though it has been prohibited by custom. The main problem in this study is how is the implementation of enforcement of customary sanctions against same-ethnic marriages in Kebun Tinggi Village, Pangkalan Kapas District, Kampar Kiri Hulu District, and what are the inhibiting and supporting factors for the enforcement of customary sanctions against sameethnic marriages in Kebun Tinggi Village, Pangkalan Kapas District, Kampar Kiri Hulu District? from Islamic law. The research method used by researchers is empirical legal research, namely by way of a survey or directly to the research location, with the nature of the research that is descriptive, namely the author interviews respondents and tries to provide a detailed description. The results of the research that the authors obtained were the factors that led to same-sex marriage in Kebun Tinggi Village, Pangkalan Kapas, due to the lack of understanding of the community about customary law, especially teenagers, because their parents did not introduce the customary law that applies in the area where they live. This ethnic marriage is also motivated because many residents have gone to migrate to other areas so they no longer know their customs. The ninik mamak will first discuss the sanctions that will be given to perpetrators of same-tribal marriage. However, before that, the ninik mamak had to investigate and have solid facts about her nephew's mistakes. After it was proven true that his nephew had committed same-sex marriage, then the sanction was decided. Based on the results of an analysis of Islamic law on research data, it can be concluded that the prohibition on same-sex marriage is not in accordance with the provisions of Islamic law because in the Qur'an and Hadith there are no provisions regarding this prohibition or same-ethnicity included in those who are forbidden to marry, in other words the law of same-sex marriage is permissible (mubah), but if it has a negative impact on offspring then it should be avoided because it involves the quality of offspring.

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