THE EXISTENCE OF TRADITIONAL LAW ON ETHICAL MARRIAGE IN GANTING VILLAGE, SALO DISTRICT LINKED TO ISLAMIC LAW Dessy Artina
Fakultas Hukum Universitas Riau
Abstract
Abstract
Indonesia is a country consisting of various tribes or multi-ethnic, and each tribe has a different marriage system. Customs are habits that apply in a particular area. Marriage is an outer and inner bond between a man and a woman which has legal consequences based on the prevailing laws and regulations. This marriage is a very important event for the community which is a legal alliance unit, marriage is a means of sustaining the life of the community in an orderly and orderly manner which will produce a new generation as the successor of the lineage, and marriage will form a kinship system. Kampar adheres to a matrilineal kinship system based on maternal lineage with a very strong culture characterized by Islamic religious teachings, namely Adat coded as Syarak, Syarak coded as Kitabullah. The kinship system in Kampar Regency adheres to an exogamous marriage system, which requires marriage outside the tribe. This aims to maintain the maternal lineage and is based on customary law that applies in Kampar. However, in the practice of community life in Kampar Regency, there are still couples who carry out ethnic marriages, even though ethnic marriages are traditionally prohibited or not allowed in the lives of indigenous peoples in Kampar Regency. Ethnic marriages occur in several villages in Kampar, especially in Ganting Village, Salo District.
This study aims to determine the existence of customary law against ethnic marriages in Ganting Village, Salo District, Kampar Regency associated with Islamic law and to find out the views of traditional leaders in Kampar Regency towards ethnic marriage.
The type of research used in this research is empirical juridical research or sociological legal research. Empirical juridical research is research conducted by identifying the law and how the effectiveness of the law applies to society. The sociological juridical method and the research location are in Ganting Village, Salo District, Kampar Regency.
