The Existence of Traditional Law on Ethical Marriage in Ganting Village, Salo District Linked to Islamic Law

DOI

10.2991/assehr.k.220406.004How to use a DOI?

Keywords

customary law; ethnic marriage; Islamic law; Kampar

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 physically and mentally between a man and a woman caused by legal consequences based on the applicable laws and regulations. This marriage is an important event for the community which is a legal entity, marriage is a means of community life on a regular and regular basis which will produce a new generation as the successor of descendants, and marriage will form a kinship system. Kampar adheres to a matrilineal kinship system based on maternal lineage with a very strong culture with religious teachings, namely Adat coded for Syarak, Syarak coded for Kitabullah. The kinship system in Kampar Regency adheres to the exogamous marriage system, which is mandatory marriage outside the tribe. This aims to maintain the mother’s lineage and based on customary law in force 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. Related to this research, where previously there had been research conducted by Melly Dwi Saputry entitled about same-sex marriage in Tanjung Village, Koto Kampar Hulu District, Kampar Regency, the author also took references from this research and of course this research has differences from previous research. This study aims to determine the existence of customary law against ethnic marriages in Ganting Village, Salo District, Kampar Regency 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 effective the law applies to society. The sociological juridical method and the research location are in Ganting Village, Salo District, Kampar Regency. In this study, researchers will collect data consisting of primary data, secondary data and tertiary data. Data collection techniques used by researchers are interviews and literature study.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Dessy Artina
PY  - 2022
DA  - 2022/04/23
TI  - The Existence of Traditional Law on Ethical Marriage in Ganting Village, Salo District Linked to Islamic Law
BT  - Proceedings of the 2nd Riau Annual Meeting on Law and Social Sciences (RAMLAS 2021)
PB  - Atlantis Press
SP  - 18
EP  - 22
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220406.004
DO  - 10.2991/assehr.k.220406.004
ID  - Artina2022
ER  -