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VOL. 5, ISSUE 4 (2023)
Legal consequences of incestuous marriages in the Pakpak Boang community in aceh Singkil province Indonesia
Authors
Shalawati, Ilyas, Iman Jauhari
Abstract
Marriage outside the clan
is a tradition in the Pakpak Boang community, inherited from ancestors as a
prohibition of incestuous marriages. This research aims to explain the
implementation of incestuous marriages in Pakpak Boang, the consequences under
customary law, and the Islamic perspective on this prohibition. The research
employs normative and empirical legal methods. The findings reveal a strong
adherence to the prohibition of intraclan marriages by the Pakpak Boang
community, considering those within the same clan as akin and ineligible for
marriage. Violations result in severe consequences, including ostracism and
non-registration at the Religious Affairs Office (KUA). These sanctions reflect
customary norms and disapproval of intraclan marriages in societal
interactions. The prohibition of intraclan marriages is perceived as a
customary law that needs to be preserved within the Pakpak Boang community. It
is recommended for the village head to establish written regulations
prohibiting intraclan marriages, acknowledged and followed by the local
community. The village head should facilitate access for the youth to
understand and adhere to these regulations. The involvement of the youth
village chief is expected to assist in disseminating information and ensuring
compliance with this prohibition. The cultural village community is encouraged
to adhere to the established rules, using them as a foundation for marriage
practices. Compliance with these rules is expected to be followed by the entire
community, maintaining the integrity of customary norms and ensuring harmony in
marriages within the Pakpak Boang community.
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Pages:191-192
How to cite this article:
Shalawati, Ilyas, Iman Jauhari "Legal consequences of incestuous marriages in the Pakpak Boang community in aceh Singkil province Indonesia". International Journal of Law, Policy and Social Review, Vol 5, Issue 4, 2023, Pages 191-192
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