THE LIMITS OF CUSTOMARY AUTHORITY IN RESTRICTING MARRIAGE ELIGIBILITY FROM THE PERSPECTIVE OF ‘URFI MAQASIDI: AN ANALYSIS OF THE PROHIBITION ON INTER-CLAN MARRIAGE IN MINANGKABAU

Yusuf Alrasyid Ridoza

Article Details

THE LIMITS OF CUSTOMARY AUTHORITY IN RESTRICTING MARRIAGE ELIGIBILITY FROM THE PERSPECTIVE OF ‘URFI MAQASIDI: AN ANALYSIS OF THE PROHIBITION ON INTER-CLAN MARRIAGE IN MINANGKABAU

Authors:

Yusuf Alrasyid Ridoza

Publisher:

ASIAN PUBLISHER

Main Topics:

Religion | Humanities | Law, Crime, Criminology & Criminal Justice

Journal:

QANUN: Journal of Islamic Laws and Studies Vol.5 Issue 2, pp.0-0

Document Type:

Article

Publication Date:

1/2026

Document Language:

English

Document ID (Org No.):

2001895748

pISSN:

2964-4690

Abstract:

 This study examines the limits of customary authority in restricting marriage permissibility from the perspective of ‘urfi maqasidi, focusing on the prohibition of same-clan marriage in Minangkabau society. The study employs a qualitative approach combining field and library research. Primary data were obtained through semi-structured interviews with four informants consisting of three traditional leaders and one member of the Minangkabau community, while secondary data were obtained from relevant literature on Minangkabau customary law, ‘urf, maqasid al-shari‘ah, and Islamic family law. The findings show that the prohibition of same-clan marriage is maintained as a customary rule because it is considered beneficial for preserving kinship relations, clan honor, social order, and the continuity of the matrilineal system. From an ‘urfi maqasidi perspective, the practice may be categorized as a living ‘urf because it contains elements of social benefit and is related to hifz al-nasab. However, customary authority has limits: although adat may regulate social relations and establish ethical norms, it cannot transform a marriage that is permissible under Islamic law into an absolute religious prohibition. Same-clan marriage remains permissible under Islamic law as long as no prohibited mahram relationship exists. Therefore, the prohibition is more appropriately understood as a customary social and ethical regulation rather than an absolute prohibition under Islamic law.

Article Details

THE LIMITS OF CUSTOMARY AUTHORITY IN RESTRICTING MARRIAGE ELIGIBILITY FROM THE PERSPECTIVE OF ‘URFI MAQASIDI: AN ANALYSIS OF THE PROHIBITION ON INTER-CLAN MARRIAGE IN MINANGKABAU

Authors: Yusuf Alrasyid Ridoza

Publisher: ASIAN PUBLISHER

Main Topics: Religion | Humanities | Law, Crime, Criminology & Criminal Justice

Journal: QANUN: Journal of Islamic Laws and Studies Vol.5 Issue 2, pp.0-0

Document Type: Article

Publication Date: 1/2026

Document Language: English

Document ID (Org No.): 2001895748

pISSN: 2964-4690

Issues

Authors:

Yusuf Alrasyid Ridoza

Publisher:

ASIAN PUBLISHER

Main Topics:

Religion | Humanities | Law, Crime, Criminology & Criminal Justice

Journal:

QANUN: Journal of Islamic Laws and Studies Vol.5 Issue 2, pp.0-0

Document Type:

Article

Publication Date:

1/2026

Document Language:

English

Document ID (Org No.):

2001895748

pISSN:

2964-4690