The Prohibition of Marriage with the Former Spouse of a Fellow Martial Arts Member: A Case Study of the Silek Tuo Tradition in Kenagarian Paninggahan, Junjung Sirih, Solok

Abstract

This study examines the customary rule prohibiting marriage with the former wife of a fellow martial arts member within the Silek Tuo school in Kenagarian Paninggahan, Junjung Sirih District, Solok Regency. The objectives of this research are to analyze the prohibition of such marriages within the Silek Tuo tradition, to identify the underlying factors contributing to this prohibition and the resulting sanctions, and to assess the practice from the perspective of Islamic law (fiqh).To achieve these objectives, this study employs a field research design using a socio-legal approach and qualitative analysis methods. The findings of the research indicate to following. First, the prohibition of marriage with the former wife of a fellow martial arts member in the Silek Tuo school is perceived as equivalent to the prohibition of marrying within the same clan (suku). In Minangkabau culture, intra-clan marriages are strictly forbidden. Individuals who violate this rule are subject to severe customary sanctions, including social ostracism, exclusion from the extended family, and being symbolically expelled from the community. Second, the factors underlying the prohibition and the imposition of sanctions are rooted in the concept of salimau. Once individuals share the bond of salimau, they are considered badunsanak that is, kin or people of the same bloodline. The preservation of this salimau relationship serves as a cultural mechanism to maintain a sense of spiritual and familial unity (dunsanak sedarah or sanak sebatin).Third, from the perspective of Islamic law, the practice of prohibiting marriage with the former wife of a fellow martial arts member falls under the category of al-‘urf al-fāsid (corrupt custom), as it contradicts the explicit texts (nass) and fundamental principles of sharī‘ah. Therefore, this prohibition, as practiced within the Silek Tuo school, is inconsistent with Islamic legal teachings.