Harmonization of Values Sumbang Marriage with Islamic Marriage Law

Abstrak

The relationship between customary law and Islamic law within the Kerinci indigenous community of Jambi reflects a dynamic and evolving socio-legal interaction shaped by historical, cultural, and religious influences. These two normative systems coexist within the same social framework and frequently intersect in regulating various aspects of community life, particularly in the domain of marriage. In many instances, the interaction between these systems demonstrates harmony and mutual reinforcement; however, certain practices reveal underlying tensions that necessitate adaptive negotiation. One notable example is the practice of Sumbang Marriage, which refers to unions between individuals with close blood relations. Within customary law, such marriages are not strictly prohibited but are subject to social sanctions in the form of fines (budendo). In contrast, Islamic law establishes clear prohibitions regarding specific degrees of kinship, thereby creating a complex legal landscape for the community. This study employs a qualitative research method based on library research, drawing on academic literature, customary legal documents, and relevant statutory regulations. A descriptive-analytical approach is utilized to interpret legal texts alongside socio-cultural contexts in order to identify patterns of interaction, points of conflict, and mechanisms of harmonization between customary and Islamic legal systems. The findings indicate that the Kerinci community does not perceive customary law and Islamic law as mutually exclusive. Instead, it develops adaptive mechanisms to integrate both systems. Customary practices are often reinterpreted or modified to align with Islamic principles, while areas of tension are addressed through deliberative processes involving customary leaders and religious authorities. This integrative approach reflects a pragmatic model of legal pluralism, in which negotiation and contextual interpretation play central roles. Ultimately, the coexistence of these legal systems is continuously reshaped through social practice, resulting in a context-sensitive and adaptive legal order.