CUSTOMARY LAW OF PEGANG PAKAI IN KAUM RAJO AMAN

(Comparative Study of Sarak in Mukomuko Regency)

Abstract

In resolving the sarak (divorce) issue in Ipuh distric of Mukomuko regency, the Rajo Aman tribal community prefers to resolve it through the use of customary law. The purpose of this study is: (1). To find out how to solve sarak in the traditional community of Rajo Aman, (2). To find out the solution of sarak by the head of the Rajo Aman tribe in the perspective of Islamic Law. The research type in this study was the empirical research. By using qualitative methods, the data was collected through in-depth interviews and documentation data collection. The results of the study show: (1). The custom that occurs in Mukomuko area originates from the Minangkabau custom, which is also known by the saying “Adat bersendi syarak, syarak bersendi kitabullah, syarak mengato adat memakai”, (2). Mamak Rumah is given the authority ti invite or appeal in the local customary language to the head of the tribe and invite families from both sides to give advice, meditation and a period of three weeks so that the wife and husband can think about the causes that will arise in the event of sarak and in order to prevent the breakup of the marriage after the specified time has ended, the head of the tribe and both sides of the  married family come back, but the head of the tribe does not succeed in reconciling the husband and the wife who still insist on their want to end their husband-wife relationship, then witness the “sighat talaq one” which is handed down to wife, (3). Sarak in Islam is not a prohibition. It is the last decision from the household, when there is no way out. In Rajo Aman tribe, all of whom follow the religion os Islam, of course, the solution of sarak is in line with Islamic religious law.