LEGITIMASI PERKAWINAN SESUKU DI NAGARI MUNGO KABUPATEN LIMA PULUH KOTA: TINJAUAN SOSIOLOGI DAN MAQASID AL-SYARI‘AH

Asra Nur Hasanah, S.H, NIM.: 23203012025 (2025) LEGITIMASI PERKAWINAN SESUKU DI NAGARI MUNGO KABUPATEN LIMA PULUH KOTA: TINJAUAN SOSIOLOGI DAN MAQASID AL-SYARI‘AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage between individuals of the same clan within the traditional Minangkabau customary structure is strictly prohibited in order to maintain the integrity of the matrilineal kinship system. However, in Nagari Mungo, Lima Puluh Kota Regency, massive population growth has created an anomaly in which couples from the same clan have become genetically distant (alah jauah), triggering a paradigm shift in the customary authority's legitimization. The main questions answered in this study include: what are the mechanisms of legitimacy for the practice of marriage between individuals of the same clan; how is the paradigm shift in customary authority viewed from a sociological perspective; and how does the Maqasid al-Sharia analysis view the practice of marriage between individuals of the same clan. Therefore, this study aims to reveal the mechanism of legitimizing same-tribe marriages in Nagari Mungo and analyze this phenomenon through the Paradigm Revolution theory and the Maqasid al-Sharia system approach. This study is a qualitative study with a descriptive-analytical normative-sociological approach. The research data was sourced from primary data obtained through field observations and in-depth interviews with key informants consisting of Niniak Mamak traditional leaders, community leaders, and couples married within the same tribe in Nagari Mungo, as well as secondary data in the form of genealogical documents (ranji) and related literature. The data analysis technique used the interactive model of Miles and Huberman, which includes the stages of data reduction, data presentation, and conclusion drawing. The analysis process was deeply integrated with the theoretical framework of the Paradigm Revolution to dissect the phases of socio-customary change, as well as the Maqasid al-Sharia system approach to evaluate the dimensions of benefit and openness of the law in the practice of legitimation. The results of the study show that: First, the mechanism of legitimation is carried out through the manakar ranji (genealogy verification) procedure by the niniak mamak to ensure the distance between the descendants of couples whose genealogies are far apart and have different clan leaders. Second, sociologically, a paradigm shift has occurred in the customary authority of Nagari Mungo, namely a shift in the standard of legitimacy from "similarity of tribal names" (old paradigm) to "proximity of actual genealogy" (new paradigm) in response to social crises and the demands of the times. Third, normatively and philosophically, this legitimacy is a manifestation of an open (openness) and cognitive legal system that prioritizes legal purposefulness (purposefulness). This policy is substantially in line with the protection of Maqasid al-Sharia, particularly in preserving the dignity of the soul (Hifz al-Nafs), the purity of descent (Hifz al-Nasl), and the sanctity of religion (Hifz al-Din).

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