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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Nusantara: Journal Of Law Studies
Arifki Budia Warman
Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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From Myth to Maṣlaḥah: Customary Prohibitions, Islamic Legal Principles, and Ecological Sustainability in Minangkabau Arifki Budia Warman; Rizal Rizal; Yasrizal Yasrizal; Kasmuri Kasmuri; Syamsul Bahri
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.
Between Culture and Safety: The Paradox of Protecting Domestic Violence Victims in Mediation at the Batusangkar Religious Court, Indonesia Irma Suryani; Arifki Budia Warman; Alfi Husni; Andiko; Revalina Fathiya Azzahra
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.168

Abstract

 Mediation is a mandatory procedural step in divorce cases before Indonesian religious courts, yet its effectiveness remains contested, particularly in cases involving domestic violence. This study examines the implementation of mediation and the incorporation of local wisdom in domestic violence-based divorce cases at the Batusangkar Religious Court, a socio-legal context shaped by Minangkabau society's matrilineal culture. Employing an empirical legal approach with qualitative methods, data were collected through in-depth interviews with judges, mediators, and disputing parties, non-participant observation of mediation sessions, and document analysis. The data were analysed using the Miles and Huberman interactive model, including data reduction, display, and verification. The findings reveal that mediation practices function as pragmatic adaptations to socio-economic and institutional constraints, often conducted in a single, time-compressed session and oriented toward managing post-divorce rights rather than reconciliation. The incorporation of local wisdom occurs implicitly through cultural expressions and moral narratives, while formal adat actors, such as ninik mamak, are excluded due to regulatory limitations and concerns about victim protection. An interplay of structural rigidity, cultural values, institutional capacity, psychological dynamics, and mediator competence shapes mediation effectiveness. This study contributes academically by advancing the discourse on legal pluralism through the concept of “functional coexistence” between state law and adat, and by theorising mediation as a form of street-level bureaucracy in religious courts. It also enriches socio-legal scholarship by integrating trauma-sensitive and culturally informed perspectives into mediation studies, offering a nuanced model for handling domestic violence cases in plural legal systems.
Co-Authors Alfi Husni Andiko Irma Suryani Kasmuri Kasmuri Revalina Fathiya Azzahra Rizal Rizal Syamsul Bahri Yasrizal Yasrizal