Year: 2025
Type: article
Abstract: The cultural marriage customs in the border communities of Muarasipongi, North Sumatra, and West Sumatra provinces are examined from the standpoint of Islamic law sociology. The primary issue in marriage is the order of customary law in Indonesia, which is captured from the standpoint of Islamic law sociology with cultural diversity that is in line with the social pattern, and the variations in the form of customary marriage law because of the different kinship systems or system descendants embraced by each Indonesian customary law community. In essence, law is a social system that emerges in a society governed by customary law. Sociological approaches to Islamic law are used to study this system in order to produce a neutral picture. Without bias, the sociological aspect of Islamic law is the identification of potential issues that may arise when integrating Islamic law with customary and cultural law. What matters most is that the law genuinely satisfies the community's and its citizens' sense of fairness. In order to give the most thorough account of cultural customary law norms from the standpoint of legal sociology, normative juridical research is the sort of study that is employed. Because customary law regulations are examined from a legal perspective and serve as a foundation for resolving custom-based legal issues, an empirical juridical approach is adopted in this study. The study's findings indicate that in the border village of Muarasipongi, Marriage cultural practices come in a variety of forms that are agreed upon by both spouses. For instance, the Mandailing people utilize the manjujur marriage system, whereas the Orang ulu Muarasipogi use the sumondo marriage system. The process of selecting this marriage tradition is influenced by numerous elements. In order to prevent conflict, the cultural differences in this marriage are first decided by the families of both sides and the traditional elders in the area.
Authors: Universitas Muhammadiyah Tapanuli Selatan, Nabila Husein, Rahmat Huda, Universitas Muhammadiyah Tapanuli Selatan, Muhammad Yusuf, MTs Swasta Al-Hakimiyah Paringgonan, Wardiyah Wardiyah, SMP IT Al Mukhlisin Sibuhuan, Yasfha Fauziah Sihombing, Universitas Muhammadiyah Tapanuli Selatan, Syifa Kholisiah Panggabean, Universitas Muhammadiyah Tapanuli Selatan
Institution: Universitas Muhammadiyah Tapanuli Selatan
Language: English
Topic: Marriage and Family Dynamics
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4414577973
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