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PANDANGAN MASYARAKAT MUSLIM BATAK MANDAILING KOTA MEDAN TERHADAP LARANGAN PERKAWINAN SEMARGA PERSPEKTIF HUKUM ISLAM
The Mandailing Batak community, as part of the Batak ethnicity, has strong traditions and norms related to marriage, especially the prohibition of semarga marriage. Semarga marriage is a term that refers to the practice of marriage between individuals who have clans or descendants who have the same clan in Batak society. Of course, not only in the Mandailing Batak community but also in other Batak communities, such as the Karo Batak, Toba Batak, Pakpak Batak and others. In the context of Batak custom, this semarga marriage is considered a serious violation of social norms and customary law, because it is considered as inbreeding or incest. Those who violate the prohibition of inbreeding are considered Na So Maradat (those who are not civilized) or people who do not respect customs. This research aims to understand how Mandailing Batak Muslim communities in Medan City adapt to changing times without losing their cultural identity, and this research also aims to provide insight into how tradition can interact with modernity in the context of people's lives today. This study uses field research, which is an activity that collects data directly at the research location. This study is located in the city of Medan. This study is descriptive and analytical in nature. The data collection technique used in this study is in-depth interviews with four subjects or participants, including Mr. Najmuddin Siregar (lecturer at UIN SU Medan), Mrs. Fatimah Hasibuan (lecturer at UIN SU Medan), Mr. Muhsin Nasution (lecturer and traditional leader), Mrs. Syamsiar Lubis and Mr. Burhannudin Lubis (practitioners of same-clan marriage), and documentation as evidence for the research. This study employs a social and Islamic legal approach, examining the reciprocal relationship between social change and the application of Islamic law, and the data from the research is analyzed using an inductive method. The results showed that many Muslim communities who now live in Medan City believe that the concept of Mandailing marriage will accept the teachings of Islam in order to achieve a happy and eternal family, as the purpose of marriage. Mandailing Batak Muslim communities in Medan City tend to prioritize religious law in practice, although they still respect customary rules as part of tradition ('urf). Along with the times, education, and religious understanding, there is a shift in perception in some communities. Social and customary sanctions for violating this prohibition tend to be more lenient than in the past.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103050154 Zamzam Al Fathoni Fillah
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)