Adat is a rule to be followed and conducted by people in a certain place. Adat is an expression of culture, norm, and law and it is a system which has a certain non-neglected regulation. In Minangkabau, the term `Adat bersendi syara' dan syara' bersendi kitabullah' is very popular. Here, Adat is identified by a ritual using a certain symbol to describe the condition and hope of a society. According to Surojo as stated in Ismail (2013: 2) `Adat is a reflection of nation'. Adat can replace the customary law and can organize public purposes. Its development can be tailored to the circumstances of society at that time.
The development of Adat law in modern era runs based on the evolution. Adat law will become the tradition if it is carried out with reference to the rules agreed by majority of the existing community and it will become a norm to regulate the life of a certain community. Ismail (2013: 3) stated that Adat law is one of the behaviors that exist in society and there will be punishments for those who violate it. Adat law is a genuine law in certain ethnic; it is unwritten, and it is obeyed by people where it is upheld (Rias, 2014: 437)
One of the provinces in Indonesia which strickly runs the Adat law is West Sumatra, which is the homeland of Minangkabau. Minangkabau is the ethnic in Indonesia which is known for the strength of their Adat or Adat law. Minangkabau's Adat law has developed for centuries. In its development, Minangkabau's Adat law has given significant contributions to the dynamics and the continuity of Minangkabau's society. Minangkabau's Adat law develops in an Adat village called Kenagarian. It forms the largest matrilineal society. Minangkabau's society is matrilineal; it is not patriarchal in which the chief of a clan is always a man. In matrilineal, the women of the clan will be the chiefs and they can sack men if they do not do a good job.
The life in Minangkabau was defined by a matrilineal way of life. This means there are certain kinship groups which follow the female descent of a mother. The woman's brothers are responsible for the children of her sisters rather than her husband. (Stark, 2013: 2)
In a simple way, the lineage system in the highland of West Sumatra consists of clans. One sub-clan owns a certain number of lands called harato pusako. Besides, there is also the individual acquired property (harato pancaharian). The inheritance of communal land follows the matrilineal way, which means that the inheritance will be inherited from the brother of the mother (mamak) to his nephews. Other properties (harato pancaharian) follow the usual way from the father to the son.
This research focuses on the Minangkabau's marriage and delik adat law reflected in Abdulkarim Khiratullah's novel Mencari Cinta yang Hilang. It is important to carry out this research because it has fascinated many researchers due to the co-existence of the contradictory elements with Islamic regulation.
Abdulkarim Khiratullah is one of the famous novelists in Indonesia, and Mencari Cinta yang Hilang is one of his great works. The novel talks about Minangkabau's Adat law, especially inheritance, marriage and delik Adat law. This novel not only talks about the struggle of the protagonist to achieve his goal, but also discusses about the Adat law in Minangkabau, especially marriage and delik adat law. In this novel, the protagonist named Fauzi, comes from a poor family in a small city in West Sumatra. Through hard work and determination, he can achieve his goal to study in Arab Saudi in the long run. The problem comes when Mr. Zaidan offers him to marry his daughter, Rahima. However, it is opposed by niniak-mamak because they are from the same clan, Caniago. In Minangkabau, it is prohibited to marry people coming from the same clan.
Minang land is a land which respects status. Clan is one of the examples of taking care of it. If someone comes from the same clan, he or she is a family member. So, it is prohibited to marry someone who comes from the same clan. (Khiratullah, 2008: 233-234)
2. Literature Review
Generally speaking, Adat, a word derived from Arabic, is used throughout Indonesia to refer to the “customs” or “customary practices” of a group of people or as “a gloss for the allegedly immutable cultural forms that distinguish one collectively from another. At the local level, Adat has multiple meanings. It is contingent concept encompassing a wide range of customs and traditions unique to each of Indonesia's major ethnic groups.
Depending on local variants, Adat may represent systems of governance based on oral traditions, antecedents and customary law, provide ceremonial protocol for marriages and funerals, houses and harvests, or determine patterns of land usage and entitlement. Adat and Adat law cannot be separated. They can be differentiated only as custom which has or does not have legal consequences. According to Van Vollenhoven as stated by Ismail (2013: 16) Adat law is the totality of the rules of conduct for natives and foreign Orientals that have, on the one hand, sanctions (therefore: law) and, on the other, are not codified (therefore: Adat).
Adat law was first introduced by Prof. Snouck Hurgrounje in 1894 (Ismail, 2013: 21). Like the other law, Adat law is also one of the laws which develop in the society. Adat law is a guide and character implementation of daily activity practice in the society life which has a society group characteristic in a country. Its characteristic is traditional and unwritten which is based on their Adat.
Adat is a reflection of nation individuality, as an incarnate of the nation day by day. The modernization of life cannot omit the customary developed in the society. The developing of Adat can adapt with the situation of a nation. The developing of Adat law in modernization era run based on the evolution. Adat which developed in the society life becomes a source for Adat law. Adat law is a concrete of consciousness of the law, especially in the society with the simple social structure and culture. There is an inclination that Adat law comes from society and most of them live in Adat system.
Minangkabau is one of the places in Indonesia which is well known for the strength of their Adat or Adat law. Minangkabau's Adat law has developed as long as the history for centuries. In its development, Minangkabau's Adat law has given significant contributions to dynamics and continuity of Minangkabau's society life. Minangkabau's Adat law develops in an Adat village called Kenagarian. Nagari in Minangkabau according to its government is a federation. The concept of federation is based on philosophy of Adat Salingka Nagari meaning nagari is independently administered. The dynamics of society will always result in some forms of acts or behaviors which are not in accordance with the existing norms or rules, so that there are, in the life of society, acts violating Adat law.
According to Soekanto (2010: 142) Minangkabau's Adat law is distinguished into:
• Inheritance Adat lawInheritance Adat law is one of the parts of civil law and kinship law. It is related to human life. All human beings will die and they will leave their property for their children. Inheritance law in Indonesia is influenced by the descent which is involved in the certain society. Inheritance law based on Minangkabau's Adat law is unique in which the children are not the heirs of their father's property, but they are inherited their mother's. Inheritance Adat law is distinguihed into: individual inheritance, collective inheritance, and majority inheritance. Minangkabau's inheritance Adat law follows the collective inheritance in which an heir inherit the property together with the other heirs. The property cannot be owned individually.
• Marriage Adat lawMinangkabau forms the largest matrilineal society in the world. The life in Minagkabau is defined by a matrilineal way of life. This means there are certain kinship groups which follow the female descent of a mother. The woman's brother is responsible for her children rather than her husband. In Minangkabau, if the men or women want to get married, they are prohibited to marry the women or men who come from the same clans. The probihition of the same clans marriage is obligated for Minangkabau society. Minangkabau society consider that marriage in the same clans is constituted as kinship marriage. So, it is considered as a violation of Adat law. Those who violate the law will get punishment or sanction.
• Delik Adat lawDelik Adat law constitutes violation of Adat law. It means that an action which is done by someone or some people offends equilibrium of society. This violation must be replaced with a punishment or Adat ceremony.
• Land Adat lawIn the society of Adat law, land is the most important thing that they have. It constitutes a place for them and it also gives them life, it is called tanah ulayat. They have a chance to benefit from the wealth of the land such as crops. However, it cannot be owned individually.
• Kinship Adat law.Kinship Adat law is an Adat law which organizes individual status based on the descent in the family such as children's status toward their parents and their relative.
3. Research Method
As the aim of the study is to reveal as well as to understand the phenomena of Minangkabau's marriage Adat Law. The appropriate research method applied here is descriptive qualitative proposed by Moleong (2007: 6) stating that the qualitative research as a research procedure that results descriptive data in written words. Regarding the research method, having a focus on content analysis, qualitative research is used in performing this research. Sahu (2013: 4) says that in qualitative approach, research is mainly concerned with subjective assessment of the respondent. It is mainly concerned with attitudes, opinions, behaviors, impressions, etc. Thus, qualitative research is an approach to research to generate insights of the subject concerned in non-quantitative form or not subjected to rigorous quantitative analytical tools. Besides, this research uses descriptive method proposed by Kothari (2004) since it describes a state or an event that already exists, and is depicted in the novel.
Ismail (2013: 226) states that there are 3 types of marriage system in marriage Adat law in Indonesia; they are: endogami marriage system, exogami marriage system, and eleutherogami marriage system. Endogami marriage system is a marriage which happens among people who come from the same clan, like in Toraja, Sulawesi. Exogami marriage system is a marriage which happens among the people who come from the other clans, like in Minangkabau, Tapanuli, Gayo, Alas, and etc. Whereas, eleutherogami marriage system is a marriage which prohibits someone to marry people from the same descent (mother, daughter, grand daughter, and etc), like in Aceh, Bangka Belitung, Kalimantan, Minahasa, and so forth.
Minangkabau follows Exogami marriage system, and forms the largest matrilineal society in the world. The life in Minagkabau is defined by a matrilineal way of life. It means that there are certain kinship groups which follow the female descent of a mother. Ismail (2013: 221) states that in Minangkabau, a husband does not constitute the wife's family, but the children. A husband does not have authority over their children. Thus, the children are under the authority of their mother.
Minangkabau's marriage Adat law
Human beings will not be able to develop well without a process. The process is called marriage. Through marriage, children will be born well and legaly. Through the good and legal descendants, a good family will be created and they will become good society. Setiady (2008: 221) states that marriage can produce a good human being in a society. But marriage is not only a relationship process which only happens between two persons, but also between two parents, brothers and families. In Minangkabau's marriage Adat law, a person is prohibited to marry someone from the same clan (exogami marriage system), because they are considered as siblings.
Such a case is found in the novel in which Fauzi, the protagonist, falls in love with a beautiful girl named Rahima, and he wants to marry her. His planning is supported by his mother, Rahima's father, and Rahima's mother. Rahima's father knows that Fauzi is a good man so that they want fauzi to marry their daughter. However, it is prohibited by Niniak Mamak because Fauzi and Rahima come from the same clan. In Minangkabau, it is prohibited to marry someone coming from the same clans.
But, will my planning to marry Rahima be approved by Niniak Mamak? I know that in Minangkabau, it is prohibited to marry someone who comes from the same clan as me. But based on Islam law it is not prohibited, I believe that my planning will be approved by them because it is not prohibited by Islam. (Khiratullah, 2008: 156)
Fauzi really wants to marry Rahima but he gets confused whether his planning will be approved or not by Niniak Mamak because they come from the same clan. He knows that it is strickly prohibited to marry a girl coming from the same clan. However, Fauzi knows well that according to Islam law, it is not prohibited to marry someone from the same clan because they are not considered as sibling. Therefore, Fauzi decides to propose Rahima because he believes that Niniak Mamak will approve his planning to marry Rahima. However, after they discuss about Fauzi's planning, Niniak Mamak does not agree with Fauzi's plan because Rahima comes from the same clan as he; therefore, she is considered as his sibling. They consider that Fauzi as a violator of Adat law if Fauzi insists on marrying Rahima. Niniak Mamak consideres that Adat law must be obeyed by everyone and it cannot be violated.
A prohibition to marry someone who comes from the same clan is a rule that is made by our ancestors in order to preserve the purity of nasab and descent. It is adopted by the society as a tradition that should not be violated. If you violate it, you are considered as a violator toward Adat law which has become our identity. (Khiratullah, 2008: 236)
Niniak Mamak does not approve Fauzi's plan to marry Rahima as Niniak Mamak consider that adat law is the rule of life that is really important and cannot be violated by everyone. They said that Adat law is the rule which is made by their ancestor and they must follow it. They are firm on the rule that marriage cannot be carried out among the people who come from the same clan because they are considred as siblings. Marriage is not only a relationship process which only happens between two persons, but also between two parents, brothers and his family. The marriage will only happen if there is an agreement between the families.
The description above shows that in Minangkabau, it is strickly prohibited to marry someone who comes from the same clan because they are considered as sibling. However, it is in contrast to Islamic law which allows someone to marry everyone provided that he/she does not have blood relation. In Islamic law, a person is only prohibited to marry someone who has blood relations, such as parents, grandparents, grandchildren, siblings, etc. However, Niniak Mamak is firm on their Adat law saying that the rule is made by their ancestors, and has been approved by the society. Therefore, they must respect and obey it.
In Adat society, a kinship principle based on descent relationship is still defended. They consider that the function of marriage is continuing the descent and maintaining the position of the families. Besides, marriage is also a means to improve the kinship relation which has been broken. Thus, the implementation of marriage for both men and women who are not mature enough has to be interfered by their parents, families, and relatives of both sides. The marriage which is conducted without approval of parents and relatives is considered as a violation toward Adat law.
Minangkabau's delik Adat law
Delik Adat is the customary legal rules governing the actions of violation that causes disruption to the balance in people's lives (Ismail, 2013: 268). Therefore, the balance of the community is not compromised. Delik Adat is an act which is contradictory to obedience, order and peace of society tangibly or intangibly done individually or in groups. Then, those who violate the law should be punished. According to Setiady (2008: 347), there are some actions considered as delik Adat. They are:
• The action which vioalates the norms of Adat law, such as in Minangkabau. Marrying people who come from the same clan is considred as a violation toward Adat law.
• The actions considred offending the balance of society are: killing, stealing, pregnant without wedlock, and etc.
Owing to the above description, it is said that the action constitutes violation of Adat law is Delik Adat law. It means that the laws for an action or actions done by someone or some people who offend the equilibrium of society are delik adat law. This violation must be replaced with a punishment or Adat ceremony.
The violation of Adat law is an action which contradicts to the rule of Adat law which is considered offending the society life. If this happens, there will be punishments for those who violate the Adat law. In Abdulkarim Khiratulah's novel Mencari Cinta Yang Hilang, it shows that the protagonist (Fauzi) wants to marry the girl (Rahima) who comes from the same clans as him but it is prohibited by the adat because they are considered as sibling. If he does it he will be considered as a violator of Adat law. The violators of Adat law will be punished because of offending the tranquility of society life. So, the protagonist does not mary Rahima because he knows the consequence of violation Adat law.
If I marry Rahima, actually I will violate Adat law. eventhough I love Rahima so much but I do not want to be a violator. I know that Ninik mamak is more aligned to Adat law rather than Islamic law, so they do not agree if I marry her. (Khiratullah, 2008: 220)
Fauzi cannot marry Rahima because of the rule of Adat law. He will be considered as the violator against Adat law if he marries Rahima. Niniak Mamak will not let them marry because they are from the same clan.
Rahima, you know that Niniak Mamak will oppose our marriage. If I marry you, we will receive hard consequence. (Khiratullah, 2008: 226)
It is vividly seen that Fauzi cannot marry Rahima because there will be a big consequence if they do that. He tells Rahima that it is impossible for him to marry her because it is opposed by Niniak Mamak. Based on the description above it shows that the protagonist will not marry the girl he loves because he knows that there will be a punishment for those who violate Adat law.
A marriage not only unites a relationship between men and women, but also unites the relationship between the families. Minangkabau as an ethnic which is well known for the strenght of Adat law, follows exogami marriage system in which it is prohibited to marry someone who comes from the same clan and it must be obeyed by every person in Minangkabau. This case is found in Abdulkarim Khiratullah's novel. The protagonist (Fauzi) falls in love with the girl (Rahima). Fauzi's clan is Caniago and so is Rahima. In Minangkabau, the people who comes from the same clans is considered as sibling, so they cannot get married
Actually, our brother has done a mistake by doing an engagement between his daughter and Fauzi, Aminah's son, who is our family. It is proved by their clans, Chainago. It is prohibited in Adat law because they are considered marrying their family. (Khiratullah, 2008: 233)
From the quotation above, the protagonist has done the engagement with Rahima, and he plans to hold the wedding two months later, but unluckily, after discussing with Ninik mamak, his planning is opposed. Ninik Mamak says that Fauzi and Rahima cannot get married because they have the same clan. They add that in Minangkabau, marrige between two people of the same clan is prohibited. They will be considered as a violator if they do that.
Minang land is a land which respect status. Clan is one of example of taking care of it. If someone comes from the same clan, it means they are family. So, it is prohibited to marry someone who comes from the same clan. (Khiratullah, 2008: 233-234)
From the quotation above, it is clear that one is prohibited to marry the one who comes from the same clan. Eventhough, based on the Islamic law, Fauzi and Rahima do not have the blood relationship, they are still considered as siblings in Minangkabau's marriage adat law because they have the same clan, Caniago.
On the other hand, rules of marriage in several regions in Indonesia are different because of the nature of the different communities, and it is also due to the progress and the development of the times. Marriage, according to Adat, is closely related to the relationship between family, community, dignity, and personal. In social life, marriage requires a lot of ways to adjust. Marriage makes a new relationship not only between the individual concerned, but also between two families.
Delik Adat law is an act that violates a sense of justice and adherence that offends the a balance of the society. In order to restore this situation, there was Adat reactions that have a purpose to recover disablement happened by doing a punishment for those who violate it.
In other words, delik adat is all acts or incidents which are opposite to decision, familiarity, order, security and justice, and social respons. Resolution against the aforementioned has been carried out based on Minangkabau's Adat law through the Adat functionaries with community figures, and alim ulama. Their decision which have been made to members of the society who violate the law are acceptable. Applying the Adat sanction against delik adat becomes a warning for the people to obey and uphold the Minangkabau's Adat law.
The characteristics of delik Adat law is the crime act. It is different from the rules of Adat law. The crime act offends the balance, the harmony and the peacefulness of the society. Here, there is no difference between the criminal law and the civil law. The functionaries will issue the sanctions for those who violate the law.
Abdulkarim Khiratullah's novel shows that delik Adat law is found here. The protagonist (Fauzi) intends to marry Rahima, but it is prohibited by Ninik Mamak, because it is considered as the violation of Adat law. They say there will be sanctions for those who violate Adat law.
If you violate Adat law, they will give you a chance to correct your mistake. There are two choices they are slaughtering a buffalo or you have to leave this land (Minagkabau) forever. So it is up to you. (Khiratullah, 2008: 237).
The quotation above shows that Mak Palito (the protagonist's uncle) warns Fauzi that if he marries Rahima, he will be considered as a violator. He adds that the violator of Adat law will be punished. The punishment is slaughtering a buffalo or he has to leave Minangkabau forever.
If I choose to slaughter a buffalo, my family will be shy in their whole of life. If I choose to leave this land, it means I am not responsible towards my choice. I love this country so much. I cannot do it, what should I do? (Khiratullah, 2008: 221-222)
As stated before that delik Adat law is a violation done by someone who offends the equilibrium of society. There will be a punishment for those who violate this Adat law. According to Ismail (2013:268) delik Adat law is a norm that is related to a crime and violation in the society in which they offend the harmony and peacefulness in the life.
In the above quotation, it shows that the protagonist is still confused. He does not know what to do, because the punishment is really hard for him. He thinks if he chooses to slaughter the buffalo, it means his family will be shy forever. If he chooses to leave Minangkabau, it means he is an irresponsible man. Therefore, he decides not to marry Rahima because he cannot received the sanction.
Humans are social creatures who cannot live alone. They need others to complete their life. Therefore, humans live in groups in various clans which have cultures and customs. The culture is the result of generations of the ancestors that must be preserved. The culture which is adopted and believed is called Adat. It is definitely believed by a class of people as a custom that must be obeyed by every person in a certain society. Adat is a reflection of nation. The modernization cannot omit the customary developed in society. The development of Adat can adapt the situation of a nation. In addition, Adat in the society will became a source for Adat law.
Minangkabau is an ethnic who is well known for their strength of their Adat or Adat law. Minangkabau's Adat law develops in an Adat village called Kenagarian. They form the largest matrilineal society in the world. In Minangkabau, the marriage conducted without fulfilling the requirements of rules of adat are considered as incestuous marriages. One has to marry someone who comes from other clan. The marriage is also called exogamy marriage system. Marriage based on siblings is called sibling exogamy, the same clan, clan exogamy and the same village, village exogamy.
The implementation of Minangkabau's marriage and delik adat laws has made the protagonist of the novel, Fauzi fail to marry his beloved girl, Rahima simply because they come from the same clan.