"The Customary Rule and Its Relationship with Intermarriage among the Minangkabau Tribe in Indonesia (Exogamy as a Model): An Analytical Jurisprudential Study"

Abstract

The objective of this study is to review problem of marriage outside the tribe and traditions of Minangkabau called exogamy by looking at the base habit of court jurisprudence. This study is using the descriptive method involving collecting data through interviews, poll books and references. Induction descriptive approach is based on the understanding of the text, elicitation and analysis. The aim of the study is to know the Islamic ruling emanating from the customary habits of the society regarding the actions of the mature person, and drawing rules of understanding the Islamic text. This study found that the rule of approving the customary habits of the society refers to the consideration of the reality on which the Islamic rulings is extracted. Also, the view of the tribal society of the Minangkabau agrees with the Islamic rulings, particularly the issue of exogamy marriage if it does go against the Islamic legislative principle because there is no text from either Quran or Sunah stating that the exogamy and endogamy are among the marriage requirements. These types of commitment are classified as customary obligations