HUKUM ISLAM DAN PERJANJIAN ADAT

(Dampak Pemahaman Masyarakat Sumatera Barat tentang Inses Terhadap Adat Perkawinan)

Abstract

Indonesian nation made up of various ethnic and diverse cultures, each tribe has a different complexion . Differences in customs in every region in Indonesia which led also occur differences in customary law certain. each area is caused by the common law rule that a life in the community and formed from habits which already applies to the people of Indonesia . Diversity customary law can be seen in the public Minanagkabau . One factor causing the difference is in the way of interesting lineage. How to draw this line led to differences customary marriage law and its inheritance. Marriage is a very important time in life. Due to the Minangkabau matrilineal , then the person who did the marriage should be with different tribes , and were not allowed to marry the same tribe , because if the same tribe considered brothers. This is where the customary penalties were imposed . Therefore, married to the same tribe in Minangkabau society is prohibited. Tentag understanding that tribal brothers in writer confronted to their understanding of incest . Here is pulled because they are taboo marriage is the same tribe with taboo relationship inses.ada sanctions and consequences will be borne by the perpetrator. Traditional sanctions that tribal marriage customs are disposed along very influential actors in public life , especially in his people . Will be excluded from the offender and receive a variety of scorn in his neighborhood. In general, traditional leaders and religious figures , very firmly forbid the marriage tribesmen . Although there is one of the religious leaders who allow the tribesmen were not sepayung pekawinan , but he still does not agree that in the event of marriage sepayung tribesmen . As according to the teachings of Islam , that tribal marriage is not at all contrary to the teachings of Islam itself.