PANDANGAN HUKUM ISLAM TERHADAP PENERAPAN LARANGAN PERKAWINAN SESUKU DI MASYARAKAT MINANGKABAU (STUDI KASUS DI JORONG SIKABAU KABUPATEN PASAMAN BARAT)

Abstract

The implementation of marriage in Minangkabau, especially in Jorong Sikabau, follows state law, Islamic law, and local customs. Minangkabau adheres to a matrilineal system, so the prohibition on marriage within the same tribe (kawin sasuku) is strictly guarded because it is considered to be one's descent from the mother's line. This prohibition aims to maintain the structure of customs and kinship, as well as prevent disruption in the social order and the potential loss of customary rights. Couples who violate this prohibition will be ostracized, lose their rights within the tribe, and be subject to customary sanctions such as fines or expulsion. According to national law and Islamic law, marriage within the same tribe is valid, but according to custom, it is still prohibited because it is considered to violate norms and can cause social conflict and stigma in society. This study aims to describe the implementation of the prohibition on intermarriage in Jorong Sikabau, the legal, economic, and social implications for violators, and the views of Islamic law on this prohibition. The method employed is a qualitative case study, utilizing both primary and secondary data, which is collected through observation and interviews with traditional, religious, government, and community leaders. The results of the study indicate that this prohibition remains strong, despite an increase in violations among young people due to social change, and customary sanctions continue to be enforced through deliberation.

Keywords: Islamic Law, Prohibitions, Marriage, Ethnicity