Pegi Belarian dalam Perkawinan Adat Jambi: Praktik, Penyelesaian Adat, dan Keabsahan Perkawinan dalam Perspektif Hukum Islam

Abstract

In Lubuk Benteng Village, Tebo Ulu District, Tebo Regency, couples who do not receive parental approval sometimes practice Pegi Belarian, a customary form of elopement in which a man takes a woman away without her family’s knowledge and subsequently approaches a local religious official to arrange their marriage. This practice raises questions about the factors that motivate couples to choose Pegi Belarian, how the practice is resolved under local custom, and how the resulting marriage is viewed under Islamic law. This study employs a qualitative method with a socio-legal empirical approach. Data were collected through interviews with customary leaders, religious figures, community members, and couples involved in Pegi Belarian, supplemented by village documents. The data were analyzed using the requirements for a valid Islamic marriage and the theory of urf. The findings reveal three main points. First, Pegi Belarian is driven by several interconnected factors, including the absence of parental approval, premarital relationships that couples seek to resolve through marriage, and concerns about the cost of the marriage proposal process. Second, customary settlement proceeds through three stages: Pegang Basamo, Kalumpok Tuo Penghulu, and the marriage contract, accompanied by customary monetary sanctions, a nightly fine, and the provision of a goat. Third, local custom does not approve of taking a partner without family consent, but it provides a mechanism for resolving its consequences and facilitating the marriage. From the perspective of Islamic law, Pegi Belarian does not by itself determine the validity or invalidity of the marriage. Its validity must be assessed based on the fulfillment of the required elements and conditions, particularly the role and status of the marriage guardian (wali). Thus, the practice demonstrates a distinction between customary violations and the legal validity of the marriage contract.