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All Journal Al-Ahkam El-Mashlahah Al-Jinayah: Jurnal Hukum Pidana Islam
Defel Fakhyadi, Defel
IAIN Imam Bonjol Padang
Religion Law, Crime, Criminology & Criminal Justice

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Islamic Law Meets Minangkabau Customs: Navigating Forbidden Marriages in Tanah Datar Fakhyadi, Defel; Samsudin, Muhammad Adib
El-Mashlahah Vol 14 No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.7364

Abstract

Minangkabau community members in Tanah Datar have several prohibitions on marriage that must be obeyed and become standard rules because they contain sanctions of expulsion or ostracism. The prohibitions include marrying a cousin (father's sibling's child), marrying the ex-wife mamak (a man who is responsible for his children and nieces and nephews from the mother's side), and marrying the ex-wife's family. It indicates a contradiction between the provisions of Islamic law and customary law, which is very binding on the order of social life. The research aims to analyze the relationship between custom and Islamic law regarding the forbidden marriage that applies in Tanah Datar, which still maintains local culture and traditions. The method used empirical legal research with a socio-legal approach. Primary data was obtained using observation, interview, and documentation techniques, which were then analyzed using the maqashid sharia theory. The research showed that the Minangkabau community's prohibition on marriage in Tanah Datar is a customary rule that must be obeyed because it is a good habit ('urf) that aims to prevent damage to the social order in Minangkabau. Minangkabau society prioritizes the value of raso-pareso and friendly relationships between one person and another under the goals of marriage in Islamic law. These customary provisions are binding. If there is a violation, then customary sanctions are imposed in the form of exclusion, expulsion, and fines.
Reconstructing Gender Relations for Family Resilience in Minangkabau: Integrating Islamic Law and Customary Law Fakhyadi, Defel; Samsudin, Muhammad Adib; Dasrianto, Vito; Danil, Muhammad; Wahyudi, Ade Arga
Al-Ahkam Vol. 35 No. 1 (2025): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.1.22906

Abstract

Women are social beings who hold a high position in continuing the kinship system, preserving the existence of inheritance, and being responsible for forming family ethics and morals. This study aims to reconstruct the legal perspective on gender relations by integrating Islamic law with the Minangkabau cultural customs to strengthen family resilience. This research uses a qualitative approach based on relevant documents from primary and secondary sources, including interviews, documentation, books, and articles. The collected data is analyzed using content analysis methods with phenomenological, feminist, and sociological approaches. The findings of this study indicate that the Minangkabau community views women as charismatic and respected figures. Bundo kanduang protects her kin, preserves the ancestral heritage, and maintains the kinship system to ensure the continuity of the family within the matrilineal kinship system. This research contributes to the discourse on Islamic law and gender by showing how the matrilineal society of Minangkabau aligns with Islamic principles and challenges conventional patriarchal interpretations that are not in line with Islamic values.
Legal Perspectives on Breast Grabbing as an Act of Sexual Harassment: Comparing Indonesian Positive Law with Islamic Criminal Law: Perspektif Hukum tentang Begal Payudara sebagai Tindakan Pelecehan Seksual: Membandingkan Hukum Positif Indonesia dengan Hukum Pidana Islam Fahmi, Zul; Fakhyadi, Defel; Pebriyanti; Asrofi; Suroto
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 1 (2025): June 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.1.26-43

Abstract

This research examines the phenomenon of breast grabbing as an act of sexual harassment that threatens the dignity and well-being of the victim, as well as exposing shortcomings in the legal protection system in Indonesia. This research aims to compare the handling of breast begging/grabbing cases according to Indonesian positive law and Islamic criminal law, analyze the social impacts caused, and explore more effective prevention strategies. This research employed a qualitative method and a normative approach, incorporating a literature review. The results show that Indonesian positive law provides broader protection for the psychological impact of victims and imposes strict sanctions, including imprisonment, for perpetrators. In contrast, Islamic criminal law emphasizes moral recovery and social balance, as well as sanctions determined based on the concept of ta’zīr, which considers the benefit to society. The synergy between the two legal systems is a strategic step in formulating more effective prevention and law enforcement policies for breast grabbing, and opens up opportunities for further research to develop a legal framework that is responsive to social dynamics and the values of justice.
Co-Authors Asrofi Dasrianto, Vito Muhammad Danil, Muhammad Pebriyanti Samsudin, Muhammad Adib SUROTO Wahyudi, Ade Arga Zul Fahmi