Putusan Hatobangon Tentang Sanksi Ingkar Janji untuk Menikah Perspektif ‘Urf (Studi Kasus di Desa Pasar Simundol Kec. Dolok Sigompulon)

Aritonang, Siti Aisah
Purba, Zainal Arifin

Unes Law Review
Vol. 6 No. 1 (2023)

Hatobangon in the Mandailing region is called natoras, meaning the core figures in the community who are appointed by several people in each huta. Hatobangon acts as an advisor concerned with matters of Batak customary life. The focus of this research leads to how the hatobangon pattern in establishing the sanction of breaking a promise to marry as a new case and the review of Islamic law regarding the sanction. This research was conducted based on field research, data needed in the community environment and emphasized the results of data collection from informants. To understand this research, the author uses a conceptual approach, namely the concept of hatobangon in determining sanctions and their conformity with Islamic law, then examining the case (case approach). The sanction of denial of jani in a customary manner (custom) that applies in community life as long as it does not contradict the teachings and rules of Islam, then the custom is permissible. The position of customary law ('urf) according to the provisions of Islamic fiqh, is allowed which is shahih or al-'adah ashahihah, i.e. 'urf which does not contradict Islamic law. The problem of custom, in fiqh analysis is related to the concept of benefit (maslahah mursalah). Benefits that are common and may not yet apply, even things that will be enforced. Regarding al-a'dah ashahihah this gives rise to the rule of "al-'adatu muhakkamah" (Customs can be made law). Adat is one of the elements considered in establishing a law, the appreciation of Islamic law for adat is a breakthrough for customary law which becomes law recognized by Islamic law. The establishment of sanctions for breaking promises to marry in Pasar Simundol village is a new breakthrough to educate local youths to love themselves more and maintain a more positive social quality. It is hoped that in the future Hatobangon or the local community will propose and set a fixed nominal sanction so that there will be no objections to one particular party, and there will be no comparison between one case and another in the future to achieve welfare and peace in the lives of the people in Pasar Simundol village.