NALAR HUKUM ADAT MINANGKABAU: ATURAN NIKAH TANDANG PASCA AKAD DI NAGARI SALAREH AIA KECAMATAN PALEMBAYAN

Lista Rahmi, S.H, NIM,: 18203010002 (2020) NALAR HUKUM ADAT MINANGKABAU: ATURAN NIKAH TANDANG PASCA AKAD DI NAGARI SALAREH AIA KECAMATAN PALEMBAYAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Questioning Minangkabau customs with the various types of customary rules that are enforced in each region (nagari) which differ from one village to another even though they are relatively close together, the rules regarding adaik (adat) marriage for example. The difference in customary rules from one village to another is called Adaik Salingka Nagari. The customary provisions regarding away marriage only apply in Nagari Salareh Aia and do not apply in other Nagari, in the regulations of an away marriage the husband is not allowed to stay with the wife until the husband has carried out a marriage party (walimah) at his residence, however, the husband has been obliged to provide a living which is material to the wife. Departing from this, this research wants to find out how the form of the implementation of an away marriage, explore the reasons for the traditional leaders in making the rules of an away marriage and how the local community views the rules of an away marriage. To answer the questions above, this study uses a legal anthropological approach with a conceptual framework. In order to identify the logic of Minangkabau customary law regarding the practice of away marriage, which of course cannot be separated from cultural actors or traditional leaders who have the authority to enforce the rules of an away marriage, the author uses the power relation theory put forward by Michel Foucault. The concept of power according to Foucault is a dimension of relations, where there is a relationship there is power. This research is a field research which examines in depth the traditional leaders as primary data and is supported by other literatures as secondary data. This study found a description of the implementation of the away marriage tradition, namely marriages that are legally valid in religion but are not considered legally customary if the husband has not performed walimah at his residence after the implementation of the marriage contract and walimah at the wife's residence, the husband may only visit during the day, there are sanctions. for parties who violate these rules in the form of a warning from a traditional leader if the type of violation is minor (for example, visiting the wife's house at night), but there is a heavy sanction, namely paying an amount of Rp. 1,500,000 ,. which is given to customary leaders (niniak mamak) and will be discarded throughout the custom, if the couple is found to have lived together. Furthermore, what is the reason for customary leaders to make and maintain the rules of away marriage is firstly the rules that have been in effect since the time of their ancestors, secondly, the wedding party (walimah) is a series of ceremonies that must be carried out by both parties, the third is to avoid slander. and poor judgment in the society. In the view of society, in general, economic factors are the cause of away marriages, as well as the strong position of cultural actors in the nagari so that it provides little opportunity for the community to reject and provide input on these customary rules.

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