PERGESERAN PERSEPSI MASYARAKAT TERHADAP LARANGAN PERKAWINAN SEMARGA DALAM ADAT BATAK MANDAILING DI YOGYAKARTA

Muhammad Yusuf Rangkuti, NIM.: 21203011090 (2023) PERGESERAN PERSEPSI MASYARAKAT TERHADAP LARANGAN PERKAWINAN SEMARGA DALAM ADAT BATAK MANDAILING DI YOGYAKARTA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The shift in perception towards the prohibition of same-sex marriage among the Mandailing Batak people who live in Yogyakarta indicates a change in customary social culture in understanding this rule. The Mandailing Batak people forbid marrying people with the same surname because clan means blood and can damage the family tree. However, some people understand that same-sex marriage has become commonplace in social life, this shows whether this prohibition has undergone legal changes in the Mandailing Batak indigenous people along with its development. This study used a qualitative research method with a type of field research (Field Research), the nature of this research is descriptive analytic with an empirical-sociological approach. Researchers use the theory of social change by Emil Durkheim and the theory of 'Urf with the rules of al-adatul muhakkamah. This theory can target how the process of shifting people's perceptions of the prohibition of same-sex marriage in the Mandailing Batak community in Yogyakarta is like and what the review is like from the perspective of customary law and Islamic law. To answer this problem, the author uses in-depth interviews and is supported by library materials. The results of the study show that the perception of the Mandailing Batak indigenous people in Yogykarta regarding the prohibition on same-sex marriages has undergone a process of social change which initially had strict sanctions for those who violated it, now the sanctions received have shifted to become more lenient. Factors causing the shift are caused by factors of love, religion, economy, education and culture. Along with the development of the times and religious knowledge, people think that these rules are no longer relevant to run. The Mandailing Batak indigenous people, whose majority are Muslims, prioritize their religious law over customary law. The prohibition of same-sex marriage when viewed in Islamic law includes 'Urf Sahih because it does not conflict with the Shari'a and can become a legal authority based on the rules of al-adatul muhakkamah. Philosophically, customary law and Islamic law have the same rule, that is, you cannot marry a blood relative, but the concept of blood relations between the two is different. Whereas in the traditional concept of the Mandailing Batak, clans (kahanggi) are "blood relatives" who are not allowed to marry.

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Dr. Muhrisun, S.Ag., BSW., M.Ag., MSW.
Uncontrolled Keywords: Larangan Perkawinan Semarga, Adat Batak Mandailing, Hukum Islam
Subjects: Hukum Adat
Hukum Islam > Fiqih > Pernikahan
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Muh Khabib, SIP.
Date Deposited: 11 Jul 2023 11:13
Last Modified: 11 Jul 2023 11:13
URI: http://digilib.uin-suka.ac.id/id/eprint/59781

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