Prohibition of Same-Travel Marriages in the Customs of the Kampai Minangkabau Tribe Maqasid Al-Shari'ah Perspective Muhammad Tahir Ibnu 'Asyur

تحريم الزواج في السفر الواحد في عادات قبيلة كمباي مننكاباو: منظور مقاصد الشريعة عند محمد الطاهر بن عاشور

Abstract

This article is motivated by the existence of the Minangkabau Kampai tribe's customs which prohibit inter-ethnic marriages. In fact, there is not a single verse or hadith found that prohibits the practice of marrying within one's tribe. Meanwhile, the Minangkabau tradition claims with its saying "Adat basandi syara' syara' basandi kitabullah", that in plain view this is contrary to Islamic law. The research method in this research is a literature review (Library Research) with a qualitative approach with the perspective of Maqasid al-Shari'ah Muhammad Tahir Ibnu 'Asyur. Library searches are used to obtain written data regarding research objects with the aim of being able to analyze the prohibition on intermarriage. The results that can be concluded are 1) The customs of the Minangkabau kampai tribe adhere to a matrilineal kinship system. The matrilineal system is a system that regulates the life and order of a society bound by kinship along the maternal line. Everything is arranged according to the mother's lineage. 2) According to Minangkabau customary rules, a person cannot marry someone from the same tribe. Minangkabau customs adhere to the exsogamy system, namely that a man is prohibited from marrying a woman of the same clan or tribe, he must marry a woman outside his clan. 3) Prohibition of same-ethnic marriages based on the Maqashid Syari'ah of Muhammad Tahir Ibn 'Asyun to strengthen marriage bonds (asiroh al-nikah), strengthen family ties (asiroh al-nasab wa al-qurabah), and strengthen marital ties (asiroh al-sihar) , by using the principle of freedom (al-Hurriyah).