ANALYSIS OF ISLAMIC LAW ON THE PROHIBITION OF THE MANDAILING CUSTOMARY SEMARGA MARRIAGE IN HUTAPUNGKUT TONGA VILLAGE

Abstract

Marriage is a sunnatullah given by God to its creatures, while the clan rules are called the rules in the Dalihan Na Tolu customary institution so that those concerned can behave and speak properly. So same-sex marriage is a marriage carried out by a pair of humans, a man and a woman where both have the same clan, for example, if a man has the Lubis surname and a woman also has the Lubis surname in the perspective of Mandailing customary law where marriage with the same clan is prohibited. even though the man and woman are not from the mother's and father's sides, the prohibition according to Mandailing customs in same-name marriages is because in Mandailing customs both do not have a clear status for both parties who carry out a same-name marriage. According to the beliefs of traditional leaders, if there is a man and a woman marrying the same clan, the child to be born has abnormal potential. This research is Empirical Normative Research by looking at the Phenomena that occur in the Hutapungkut Tonga Village Community in carrying out Adat in Semarga marriages, the sources in the research were taken from the information of the Hatobangon/traditional stakeholders so the research could unravel the problems that occurred and analyzed with Islamic Law. Al-Qur'an, Sunnah, and the opinion of the scholars do not prohibit the practice of same-sex marriage, but this is not a freedom to do so because custom is part of the norms that live in a society that has noble values and needs to be considered where a person is located. stay.