THE PRACTICE OF ESTABLISHING ISLAMIC LAW BY INDIGENOUS PEOPLE: A Study of Five Villages in Kedepatian Semerap, Kerinci Regency

Submitted by admin on Mon, 06/12/2023 - 08:40
Every fatwa issued by the ulama for a particular village in Kerinci refers to the adage, specifically in the five towns of the Kedepatian Semerap. In these five villages, the fatwas were issued and legitimized by the adat community. This article aims to determine what decisions are made and how the practice of establishing Islamic law by indigenous peoples in the customary area of the Kedepatian Semerap, Kerinci Regency. This type of research is qualitative field research. The data sources in this study are divided into two, namely, primary sources and data originating from traditional stakeholders, including elements of four types of adat, namely depati ninik mamak, tonggak pemarang,cerdik pandai, and ulama. While secondary data, namelydocumentation of customary decisions in the Kedepatian Semerap customary area. Data collection techniques were used in the observation, interview, and documentary research. The data analysis technique used is data condensation, data presentation, and conclusion drawing (verification). The study results show that the decisions of Islamic law determined by the adat community are Islamic legal decisions which are furu’iyyah (branching), not ushul (principal) issues. The issues of the Islamic law that were decided included marriage (dowry), sunnah worship (terawih prayers and distribution of qurban meat), and once agreed on the issue of ushul (zakat). The practice of establishing Islamic law in the Kedepatian Semerap area was carried out at the gedang house, which was attended by four elements consisting of elements of depati ninik mamak and elements of ulama, elements of tonggak pemarang (post-duty ninik mamak), and elements of cerdik pandai. Determination of Islamic law is carried out by deliberation and consensus, and if no agreement is reached, the depati will use his prerogative rights in making legal decisions.
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