Indonesian Journal of Interdisciplinary Islamic Studies (IJIIS)
Vol. 9, No. 1, June 2026

Layered Customary Legitimacy of Same-Clan Marriage Prohibition: A Systems-Based Maqasid Al-Shariah Study in Parit Baru, Indonesia

Akmal, Khairul (Unknown)
Purwanto, Muhammad Roy (Unknown)
Nasution, Khoiruddin (Unknown)



Article Info

Publish Date
18 Aug 2026

Abstract

Same-clan marriage remains prohibited under the customary law of Parit Baru Village, Kampar Regency, where it is associated with matrilineal kinship, genealogical clarity, inherited property, interclan relations, and ritual order. This study examines why the Ninik Mamak (customary elders in Kampar) continue to maintain the prohibition and evaluates its legitimacy through Jasser Auda’s systems-based Maqasid al-Shariah. The study employed a descriptive qualitative design combining historical, normative, and sociological approaches. Data were obtained through observation, documentation, and in-depth interviews with four Ninik Mamak representing the Melayu, Piliang, Domo, and Pitopang clans, then analyzed through data condensation, thematic presentation, and verification. The findings show that the prohibition operates through early verification of clan affiliation, customary marriage recommendations, control over ceremonial participation, and social sanctions. Although shared clan membership is not an independent impediment to marriage under Islamic law, it may prevent customary recognition and restrict participation in communal life. Enforcement has shifted from severe historical sanctions, such as expulsion and livestock fines, toward procedural restrictions, social exclusion, and loss of customary standing. Applying Auda’s six systems features, this study reveals that the legitimacy of customary objectives must be distinguished from the legitimacy of decision-making procedures, institutional authority, and sanctions. Protecting kinship continuity and communal cooperation may serve defensible purposes, but exclusion, inherited stigma, and interference with legal services can generate disproportionate harm. The study proposes a layered model of customary legitimacy and supports a transition toward consultation, mediation, proportionate responses, and social reintegration.

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Journal Info

Abbrev

IJIIS

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Indonesian Journal of Interdisciplinary Islamic Studies covers various aspects of Islamic studies including, but not limited to: theology law education economy politics, and other relevant topics. The journal welcomes contributions from scholars and researchers of various disciplinary backgrounds in ...