PERKAWINAN ADAT MANGALUA PADA PERSFEKTIF HUKUM ISLAM DI DESA KARING KECAMATAN BERAMPU KABUPATEN DAIRI

Abstract

ABSTRACT Name : HEFNI AFRIZAL, NPM: 71190212002 Title : MANGALUA TRADITIONAL MARRIAGE IN THE PERSPECTIVE OF ISLAMIC LAW IN KARING VILLAGE, BERAMPU DISTRICT, DAIRI DISTRICT Mangalua marriages occur because the dowry is not fulfilled which is burdensome for one of the parties due to customary burdens, according to the author in the context and perspective of Islam it is justified, because the context of mangalua marriages is still legally married outside the village of the bride and groom and religiously. However, if a mangalua marriage is carried out due to deliberately eloping because there is no consent from both parents or eloping secretly because it has violated religious teachings such as getting pregnant out of wedlock, it is certainly a violation in Islamic law. Therefore it is necessary to conduct research and analyze it according to Islamic Law, so that it can be seen that the Mangalua Adat tradition has legal status according to Islamic Law. Based on the problems or phenomena above, the writer is interested in researching this case which the writer will write in the form of a scientific work entitled Mangalua Traditional Marriage in the Perspective of Islamic Law in Karing Village, Berampu District, Dairi Regency. The purpose of this study was to determine the implementation of the "mangalua" tradition in the Toba Batak custom in Karing Village, Berampu District, Dairi Regency. To find out the impact of the "mangalua" Tradition in the Toba Batak Customs in Karing Village, Berampa District, Dairi Regency. To find out an overview of Islamic law regarding the "mangalua" tradition in the Toba Batak custom in Karing Village, Berampu District, Dairi Regency. This research method uses the filed research method (Field Study) in the form of interviews. The results of this study are the implementation of the "mangalua" tradition in the Toba Batak custom in Karing Village, Berampu District, Dairi Regency, namely marriages carried out outside the village with and without the consent of the parents of both parties. Mangalua for avoiding strict customary requirements but parental permission, mangalua without parental permission, mangalua for getting pregnant out of wedlock. There are two impacts arising from the implementation of the "mangalua" tradition in the Toba Batak custom in Karing Village, Berampu District, Dairi Regency, namely the customary impact and social or family impact. The impact of adat is that it is ostracized and not even accepted in the midst of society. Social or family impact usually if without family permission will distance family relationships. Review of Islamic Law regarding the implementation of the "mangalua" tradition in the Toba Batak custom in Karing Village, Berampu District, Dairi Regency, if mangalua is with parental permission because it avoids customary provisions, there is no problem because it fulfills the requirements and gets along harmoniously. But it's illegitimate if you don't have the permission of both parents and go without a mahram, it's even more difficult for you to become pregnant out of wedlock. Keywords: Mangalua Traditional Marriage and Islamic Perspective