Date of Award

1-1-2000

Thesis Type

Masters

Document Type

Thesis

Divisions

Academy of Islamic Studies

Department

Department of Fiqh-Usul and Applied Sciences

Institution

Universiti Malaya

Abstract

This research is aimed at evaluating the family laws of Minangkabau tradition according to the perspective of Shari'ah, whether that adat law really contradicts the Islamic Law as there are some differences between the two laws. There are three aspects that will be the focus of this research. They are the matrilineal system, exogamy and bequeathing on]y to the side of matrilineal family. The evaluation of the problem will be carried out after having studied the adat law in depth and detail, including its history, philosophy, development and changes which have been taking place until today. The first thing that must be done is to find out some contradictory aspects (mahall al-niza') between the two laws, taking into account the characteristics of Islamic jurisprudence. Finally the research concludes that the matrilineal system in Minangkabau today does not contradict the Islamic law. because the tradition that determines the clan of children must follow the mother 's clan can stand together with Islamic law. or in other words it does not legally permit any prohibited, and does not prohibit those permissible things. Likewise exogamy does not contradict the Islamic law, because that law is aimed at only avoiding some of permissible for the sake of certain advantage. it does not consider the practice of intermarriage as unlawful. However the adat law of Minangkabau for inheritance really contradicts the Islamic law, because it is based on unilateral principle, that contradicts the principles of justice. In this aspect, the adat law of Minangkabau must be directed towards Islamic law.

Initial

snms

Additional Information

Dissertation (M.A) -- Academy of Islamic Studies, Universiti Malaya, 2000.

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