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AN INTERLEGALITY-BASED ETHNOGRAPHY OF LIVING FIQH IN MINANGKABAU MARRIAGE PRACTICES Wimra, Zelfeni; Budia Warman, Arifki; Bunaiya, Mahlil; Yazid, Mhd
AKADEMIKA: Jurnal Pemikiran Islam Vol 30 No 2 (2025)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v30i2.11259

Abstract

This article explores the issue of ethnographic-based interlegality of living fiqh in Minangkabau marriage practices. The purpose is to explain the uniqueness of negotiation and the embodiment of Islamic jurisprudence within Minangkabau socio-cultural settings. This study emphasizes the cognitive biases of the dichotomy between local-global, peripheral-central, and traditional-modern. The data examined came from the experience of the Minangkabau community in internalizing Islamic marriage law as a living legal practice, ranging from the marriage procedure, marriage contract, walimah, mediation, to divorce. This research collected, analyzed, and interpreted empirical legal data that reveals the integration of Islamic, customary and state legal norms in marriage practice. The findings of this study show the existence of a legal tripartite legal construction: first, the practice of customary marriage formed by Islamic jurisprudence. Second, the awareness of Islamic law is influenced by customary law. Third, the regulatory intervention of the state that wants the formation of harmonization between customs and Islam. This study has implications for living fiqh literacy which shows the universal principles of sharia law in cross-cultural life.
From Myth to Maṣlaḥah: Customary Prohibitions, Islamic Legal Principles, and Ecological Sustainability in Minangkabau Warman, Arifki Budia; Rizal, Rizal; Yasrizal, Yasrizal; Kasmuri, Kasmuri; Bahri, Syamsul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 1 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v10.i1.31920

Abstract

This research examines how customary prohibitions (larangan adat) embedded in the Minangkabau indigenous tradition function as an ecological governance mechanism rooted in both myth and the Islamic principle of maṣlaḥah (public benefit). Drawing on ethnographic fieldwork conducted in selected nagari (traditional villages) in West Sumatra, this research investigates the ontological and normative significance of tabooed spaces, sacred species, and ritualized ecological restrictions as tools for preserving environmental balance. Through in-depth interviews with customary leaders (ninik mamak), religious scholars (alim ulama), and community members, the research reveals that mythic narratives serve to sacralize ecological zones, while the invocation of maṣlaḥah gives these taboos normative legitimacy within the broader Islamic ethical system. This research argues that customary prohibitions operate as localized ecological jurisprudence, establishing a framework for human–nature relations based not on state law but on a syncretic system of belief that is collectively enforced and symbolically charged. Rather than dismissing these prohibitions as archaic superstition, this research reinterprets them as part of an enduring epistemology that integrates myth, religious values, and environmental pragmatism. This research contributes to the growing body of scholarship on indigenous environmental governance by offering a nuanced reading of adat–myth relations in the context of sustainability. It demonstrates how the Minangkabau adat system far from being static continues to adapt, negotiate, and assert relevance amid ecological crises and modern legal frameworks. Ultimately, this research affirms that myth, when interwoven with religious rationality, can serve as a powerful force for ecological resilience and cultural continuity.