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All Journal AL-HUKAMA´
Amrar Mahfuzh Faza
Sekolah Tinggi Agama Islam Negeri Mandailing Natal
Law, Crime, Criminology & Criminal Justice

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Perkawinan Semarga Masyarakat Batak Angkola: Implementasi Hifẓ Al-‘Ird dan Hifẓ Al-Nasl Pada Sanksi Adat Amrar Mahfuzh Faza; Dedisyah Putra; Raja Ritonga
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.29-54

Abstract

For the Angkola Batak Muslim community, the clan is one of the identities used in traditional events. People who share the same ancestor are considered the same ancestor and are still blood relatives. Therefore, clan marriage is a very taboo and sensitive matter in society. This study aims to reveal clan marriages in the Angkola Batak Muslim community and analyze changes in sanctions through maqāsid sharī`a. This study uses a qualitative method with the type of field research. The data was collected through observation, interviews, documentation and tracing several other references relevant to the research theme. Furthermore, the data were analyzed using descriptive analysis. The study results explain that customary holders and the community provide sanctions for everyone who performs clan marriages. Namely, expelled from his hometown and not permitted to live in society. However, along with the changing times, the expulsion was changed by paying a fine in money. Furthermore, in implementing the practice of fines containing hifẓ an-nasl and efforts to preserve local wisdom in the community structure. Because clan marriages can damage the system of dalihan na tolu as a social philosophy of the Angkola Batak tribe.
Co-Authors Dedisyah Putra Raja Ritonga