Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh (A Legal Anthropology Approach)

Abstract

This paper explores the causes of the prohibition of ethnic marriage in Minang Batipuh Ateh. This legal anthropological research uses a qualitative approach. Information and data are obtained by observation, interviews and literary studies. Informants were selected purposive and developed using the Snowball method. The analysis used an interactive model. The results showed that, the prohibition of tribal marriages in Minang Batipuh Ateh aims to restore the disturbed balance due to violations committed by a person and to maintain the 158 Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh... (Yayan Sopyan) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) existence of the culture and lineage of the Minang tribe based on matrilineal. Apart from that, the prohibition of inter-ethnic and ethnic marriages in Batipuh Ateh, because: 1) maintaining and preserving customary law; 2) limiting associations; 3) give birth to quality offspring; 4) does not interfere with children's psychology; 5) do not lose their customary rights, and 6) customary payment sanctions. Sanctions for violations of tribal marriages in Batipuh Ateh are: 1) the perpetrator was expelled from Nagari 2) the penalty imposed on Ninik-Mamak by paying a fine; 3) thrown away according to custom, or discarded saro, and 4) excluded from social interactions. Therefore, the permissibility of tribal marriages originating from different Nagari is a solution provided by traditional leaders, as an answer to the changing times, and accommodation to the view of Islamic marriage law.