Implications Of the Prohibition Of Marriing Themother's Sister's Daughter In the Minangkabau Tradition Maslahah Mursalah Perspective

Abstract

The prohibition on marrying one's mother's sister (maternal cousin) in
Minangkabau custom is a customary norm that is not explicitly regulated
in Islamic law, but is still highly respected by the community. This study
aims to analyze the social, cultural, and legal implications of this
prohibition within the Minangkabau social structure, and to examine its
relevance through a maslahah mursalah approach. The method used is
qualitative research with a normative-sociological approach, through
literature studies and in-depth interviews with traditional leaders and
Islamic law academics. The results show that this prohibition has an
important function in maintaining harmonious kinship relations in the
matrilineal system, preventing potential conflicts in the distribution of
inheritance, and supporting social stability in the community. From the
perspective of maslahah mursalah, this prohibition is included in the
categories of hajiyah (need) and tahsiniyah (perfection), because it plays
a role in protecting social and customary values that do not conflict with
the basic principles of sharia. Thus, this prohibition can be seen as a
form of ijtihad ijma'i which has sharia legitimacy, even though it does not
directly originate from the text.