Ninik Mamak Permit As A Condition In Marriage: A Reviewof Maslahah Mursalah In the Midst Of the Erosion Of Minangkabau Customs

Abstract

In the Minangkabau traditional tradition, obtaining permission from the
ninik mamak before holding a wedding is a must. However, this provision
is different from those stipulated in fiqh law and laws and regulations.
The uniqueness of this research lies in the discussion of the issue in the
current context and the use of the maslahah mursalah approach as an
analytical point of view. This research is a literature study with a
qualitative approach that uses descriptive analysis. The results of the
study show that from the perspective of maslahah mursalah, the licensing
of ninik mamak can be justified. This sees the vital role played by ninik
mamak in managing the affairs of his people. This role is similar to the
role of guardians in Muslim society. However, given the setback in the
implementation of customs, it is important to review these obligations,
especially by considering the relevant benefits today. Currently, the
active role of ninik mamak in guiding and protecting members of their
tribe is no longer as strong as it used to be, so the benefits are less real.
Therefore, it is important to review the applicability of this rule in more
depth.