Akulturasi Hukum Islam dan Hukum Adat dalam Perkawinan Adat di Minangkabau

Abstract

This study examines the acculturation between customary law and Islamic law in the context of marriage in Minangkabau, an area known for its strong matrilineal traditions and rich cultural values. Utilizing library research methods, this study explores the influence of Islamic law that entered Minangkabau in the 13th century on customary marriage practices, as well as how these two legal systems interact in the lives of the community. The principle of "Adat basandi Syarak, Syarak basandi Kitabullah" serves as a foundation that combines religious and customary values, creating a solid basis for marriage practices that align with Islamic teachings. The findings indicate that although there are tensions between customary law and Islamic law, particularly regarding cousin marriage, which is permitted under Islamic law but deemed invalid by customary law, both can interact harmoniously and complement each other. Islamic law establishes the conditions and pillars of marriage, such as the guardian of marriage (wali) and dowry (mahar), while customary law regulates the implementation within a broader social context, considering community values and inter-family relationships. Thus, this acculturation creates a balance that allows marriage practices in Minangkabau to remain sustainable and relevant without violating Islamic law. This research is expected to provide valuable guidance for legal practitioners and the community in understanding and implementing customary and religious values synergistically, thereby fostering harmony in family life and the sustainability of Minangkabau culture in the modern era