Sanksi Adat terhadap Pelaku Perzinaan dalam Perspektif Maqashid Syariah (Studi Kasus Nagari Tambangan Kecamatan X Koto Kabupaten Tanah Datar)
Year: 2026
Type: article
Abstract: The imposition of a customary fine of 20 bags of cement on perpetrators of adultery in Nagari Tambangan provides a basis for examining the relationship between customary legal practices and the objectives of Islamic law. This study aims to analyze the application of customary sanctions to perpetrators of adultery in Nagari Tambangan from the perspective of maqashid syariah. The study employed a field research design with a qualitative approach. Primary data were obtained through interviews with the village head, hamlet heads, niniak mamak, Islamic religious scholars, and community members, whereas secondary data were drawn from books, scholarly articles, and undergraduate theses. The data were analyzed using a descriptive qualitative approach. The findings showed that customary sanctions were imposed through a process involving summoning the offenders, examining the case, and making a decision by the niniak mamak through deliberation involving both parties. The prescribed sanction was a fine of 20 bags of cement. In the maqashid syariah analysis, the sanction was regarded as consistent with the objectives of preserving religion, life, intellect, lineage, and property, although its form differed from the prescribed hudud punishments. This study concludes that the alignment of customary sanctions with maqashid syariah in the context examined is based on their underlying protective objectives. These findings provide a contextual understanding of the relationship between customary mechanisms for resolving cases and the objectives of Islamic law.
Source: AHKAM
Authors: Musa Wardi, Elfiani
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225562944