IMPLEMENTASI HUKUM ISLAM DALAM FALSAFAH ADAT BASANDI SYARAK, SYARAK BASANDI KITABULLAH DI MINANGKABAU

Abstract

The order of behavior of a community is carried out continuously for a long time and is followed by the next generation even though it is not written, it is only engraved in the hearts and eyes of the community as a rule that must be obeyed, this is a simple and easy to understand traditional formula. Snouck Hourgronye in the book De Acheers and Cornelis Van Vollen Hoven in the book Het Adat Recht van Nederland Indie who introduced the term customary law. In Hoven's theory, there are 19 customary law environments, one of which is Minangkabau customary law with the philosophy "Adat basandi Syara' Syara' basandi Kitabullah" which is a unifying compromise of the feud between the young (adat) and the old (ulama). This research is a type of library research research by tracking the implementation of Islamic law in Minangkabau customary law with the Indigenous philosophy of Adat Basandi Syara' Syara' Basandi Kitabullah. The application of Islamic law that is in line with and integrated with adat. Hazairan's receptio contrario theory; Minangkabau customary law applies if it does not conflict with Islamic law. In the 13th century Islam entered Minangkabau at that time, people believed in the influence of Hindu and Buddhist doctrins, Islam taught monotheism, ways of worship, social society and law. Dt. Parpatih Nan Sabatang and Dt. Katamanggungan has laid the foundation for knowing the Creator with the natural philosophy of being a teacher, Islam strengthens it by knowing Allah SWT through the greatness of His creation in nature, previously there was only Rajo Adat in Pagaruyung, then Rajo Ibadat in Sumpur Kudus. Marriage law is all related to the terms and pillars of following Islamic law outside of the customary portion. In the previous inheritance law, there was only pusako tinggi, then it was sorted out that pusako tinggi was controlled by mamak and could not be sold, while pusako randah (husband and wife's livelihood) was divided according to faraid law