Innovative: Journal Of Social Science Research
Vol. 4 No. 5 (2024): Innovative: Journal Of Social Science Research

Perspektif Generasi Muda terhadap Larangan Nikah Sesuku menurut Hukum Adat Minangkabau di Kenagarian Koto Gadang

Putri, Riza Yanda (Unknown)
Yunaldi, Wendra (Unknown)



Article Info

Publish Date
22 Oct 2024

Abstract

Minangkabau customary law is guided by the philosophy "Adaik Basandi Syarak, Syarak Basandi Kitabullah" (ABSSBK), meaning that all customary laws should be rooted in Islamic law. However, the prohibition of same-clan marriages, despite being allowed in Islam when there is no direct paternal lineage, has caused debate, particularly among the younger generation. This research aims to clarify the understanding of Minangkabau customary law for the younger generation and address the debates that have arisen. Through qualitative analysis, it was found that the prohibition of same-clan marriages is considered *makruh* (discouraged) by the Minangkabau community and does not contradict the ABSSBK philosophy. In instances of same-clan marriages, such as those in Kenagarian Koto Gadang, the marriages were not annulled but were subjected to customary sanctions. Nevertheless, the reasoning behind this prohibition is increasingly seen as outdated in today’s context. Despite previous revisions, the rule continues to spark ongoing debate. It is suggested that the prohibition be reassessed and potentially revised to develop a new legal interpretation that prioritizes community welfare and mitigates these prolonged discussions. Additionally, educating the younger generation about the ABSSBK philosophy is essential to ensure a deeper understanding of these principles.

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Journal Info

Abbrev

Innovative

Publisher

Subject

Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Public Health Other

Description

Innovative: Journal Of Social Science Research is a journal managed by Universitas Pahlawan Tuanku Tambusai which bridges researchers to publish research results in all scientific fields (multidiscipline). This includes the fields of education, health, law, economics, IT (Informatics Engineering), ...