MENJALIN SYARIAT DALAM IKATAN ADAT: NEGOSIASI HUKUM PERKAWINAN ISLAM PADA SUKU ANAK DALAM DI KABUPATEN MERANGIN

Abstract

The marriage practices of the Suku Anak Dalam community in Merangin Regency continue to preserve various customary provisions passed down from generation to generation, while at the same time the community has embraced Islam. This situation raises questions regarding the status of these customary marriage practices under Islamic marriage law, particularly concerning courtship, dowry, guardianship, witnesses, and the marriage contract. This study aims to examine these practices from the perspective of Islamic marriage law and to analyze the forms of adjustment between customary provisions and Islamic law through the concept of ‘urf. This study employs a field research method, with data obtained through observation, in-depth interviews with the Temenggung of the Suku Anak Dalam community in Merangin Regency, and documentation of relevant primary and secondary legal materials. The data were analyzed using a qualitative-descriptive approach and the concept of ‘urf to assess the conformity of customary marriage practices with the principles of Islamic law and the forms of their adjustment to Islamic marriage law. The findings indicate that the practices of courtship, guardianship, witnessing, and the marriage contract among the Suku Anak Dalam community fulfill the requirements of ‘urf and can therefore be categorized as ‘urf ṣaḥīḥ (valid). In contrast, the practice of giving the dowry to the bride’s male relative or guardian does not fulfill the requirements of ‘urf because it contradicts Islamic legal provisions regarding the person entitled to receive the dowry and is therefore categorized as ‘urf fāsid (invalid). These findings demonstrate that the presence of customary practices in marriage does not necessarily conflict with Islamic law; rather, the two can coexist through a process of adjustment. This study contributes to enriching the study of Islamic marriage law by demonstrating the application of the concept of ‘urf in understanding the adjustment between Islamic marriage law and customary practices among the Suku Anak Dalam community, while also identifying which customary practices can be maintained and which need to be adjusted because they conflict with the provisions of Islamic law.