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LARANGAN NIKAH SESUKU DI KELURAHAN KALUMBUAK KOTA PADANG
Communities of the same tribe cannot marry because they are considered to be still in kinship ties. Minangkabau adheres to a kinship system through the maternal line or called matrilineal. The bonds of people who live side by side or live in groups become a force in social life. One of the bonds built by the Minangkabau people is fighting for customary norms that apply to this day, for example the prohibition of inter-tribal marriage. From the prohibition of inter-tribal marriage, the Minangkabau people can build their strength because there is a bond that is born through solidarity in maintaining customary rules. From this prohibition of inter-tribal marriage, the Minangkabau people have high solidarity to maintain these customary rules. However, on the other hand, there are people who violate these rules which are feared to eliminate the solidarity that has been built for a long time. Reviewing these problems, the formulation of the problem in this writing is as follows: (1) What are the factors that cause the prohibition of inter-tribal marriage and the factors of inter-tribal marriage practices in Kalumbuak Village? (2) How is the analysis of Ibn Khaldun's ashobiyah theory in the prohibition of inter-tribal marriage in Kalumbuak Village? This writing uses the Islamic legal sociology approach method, which is a type of field research. The primary sources used in this writing are obtained from interviews with traditional figures and local communities who practice inter-tribal marriage and those who do not. Other sources used in this writing are supporting documents in the theory used for research on the prohibition of inter-tribal marriage. The analysis method used is normative deductive, namely providing an explanation of the theory or hypothesis and then testing it through field observations accompanied by data collection. This writing uses the ashobiyah theory from Ibn Khaldun for interaction with the prohibition of inter-tribal marriage. Using an empirical analytical approach in writing to find interrelated relationships between customary rules prohibiting inter-tribal marriage and the formation of ashobiyah in the traditional environment. The results of the writing obtained that the factor that causes the prohibition of inter-tribal marriage is the system used by the Minangkabau people to obtain lineage is matrilineal. A child will get a clan or tribe according to his mother's lineage, meaning that if the Minangkabau people are in one tribe, it means they are still in the same lineage or bloodline. Because of this, it results in a ban on intertribal marriage in Minangkabau society. In addition, it will result in confusion in the kinship system that has been built for a long time. The factors that cause intertribal marriage found in the community that practices inter-tribal marriage are that religion does not prohibit inter-tribal marriage, the impacts obtained from people who previously married within the same tribe are not visible, there is no kinship line with their prospective partner, and customary law that does not run properly is related to the function of customary law. The prohibition of inter-tribal marriage is a bond built by the Minangkabau community in maintaining the rule. The solidarity that was built determined that the rule prohibiting inter-tribal marriage still stands today. This form of solidarity gave birth to ashobiyah between communities that continue to uphold customary rules. However, on the other hand, negative ashobiyah can cause excessive fanaticism so that it can justify things that are prohibited by custom, such as the example of a community that practices inter-tribal marriage that is tough with its arguments.
FAKULTAS SYARI'AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21203012108 Zakky Maulana Hadi, S.H.
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