Maqasid Forum
Vol. 1 No. 2 (2026): June 2026

Customary Sanctions for Marrying Before an Elder Sibling: A Maslahah Mursalah Perspective

Nurul Fajri (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Busyro (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)



Article Info

Publish Date
10 Jun 2026

Abstract

This study examines the customary sanction imposed on a younger sibling who marries before an elder, unmarried sibling in Jorong V Sungai Jariang, Lubuk Basung, Agam Regency, West Sumatra, and evaluates its standing under the Islamic legal concept of maslahah mursalah. The problem stems from the absence of explicit Qur'anic or hadith rulings on marriage order between siblings, which creates a gap between living customary practice and normative Islamic law. Using a qualitative, socio-legal (yuridis-empiris) approach combined with a normative maslahah mursalah framework, data were gathered through semi-structured interviews with three customary leaders (a Datuk/ninik mamak, a Bundo Kanduang, and a Mamak Sako), three religious leaders, three siblings who married first, two elder siblings who were "stepped over," and parents, supported by direct observation. Findings show that the sanction, minimally a cap (peci/songkok) for men and a shawl for women, with gold or batik clothing as negotiated additions, functions to preserve the elder sibling's honor, maintain family harmony, and deter recurrence, without imposing undue hardship. Applying the six conditions for maslahah mursalah formulated by Imam Malik and Al-Buthi, namely genuineness, generality, conformity with revealed texts and maqasid al-shari'ah, a daruriyyah/hajiyyah standing, a favorable balance between benefit and harm, and assessment by competent authorities, the sanction is found to satisfy all six conditions and to serve hifz al-'irdh and hifz al-nasl, positioning it as a hajiyat-level maslahah, while the accompanying folk belief that omitting the sanction delays the elder sibling's marriage is analytically distinguished as a mere hikmah (accompanying motive) rather than the sabab (operative cause) of the sanction's validity, and requires correction through religious education.

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Journal Info

Abbrev

maqasidforum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The ...