Kajian terhadap Perkawinan Sekaum dalam Perspektif Hukum Adat Minangkabau dan Hukum Islam di Nagari Minangkabau Kecamatan Sungayang Kabupaten Tanah Datar

Abstract

This study is motivated by debates surrounding non-blood-related marriage from social, legal, and religious perspectives, particularly concerning legal certainty and the validity of marriage. Under Indonesian law, marriage is regarded as a physical and spiritual bond between a man and a woman aimed at establishing a happy and lasting family based on the belief in the One and Only God. Meanwhile, Islamic law considers marriage a mīthāqan ghalīẓan (solemn covenant) with clear provisions concerning its limitations and validity. This study aims to analyze marriage from the perspectives of legal materialism and Islamic law and to examine legal certainty regarding marital validity. The study employs a qualitative method with a normative juridical approach through an examination of legislation, legal literature, the Qur’an, and Hadith. The analysis uses a descriptive-comparative approach to identify similarities and differences between the two perspectives. The findings indicate that marital validity is not merely related to the legal relationship between individuals but must also comply with religious requirements and marriage registration as a means of ensuring legal certainty.