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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Al-Mujtahid: Journal of Islamic Family Law
Marwa Marwa
Institut Agama Islam Negeri Ternate
Religion Law, Crime, Criminology & Criminal Justice

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SULUP MARRIAGE AND LEGAL PLURALISM: NEGOTIATING CUSTOMARY, ISLAMIC, AND STATE LAW IN TIDORE SOCIETY Abu Sahman Nasim; Syaifuddin Syaifuddin; Marwa Marwa; Rifda Nasir; Muhammad Ufuqul Mubin; Abu Sanmas
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.15150

Abstract

This study examines the socio-legal construction of the Sulawesi marriage tradition as a traditional marriage practice in the community of Gamtufkange Village, Tidore Islands City, as well as its interaction with Islamic law and state law. Nikah sulup is a procession of marriage contracts that is carried out behind closed doors before the implementation of the official contract in front of the headman, which is based on a certain time calculation by the traditional elders by looking at the positions of the moon and stars. This study uses a qualitative method with a sociology of law and 'urf approaches, through observation, interviews, and documentation. The results of the study show that sulup marriage is seen as a form of cultural effort to avoid things that are considered bad in domestic life, as well as provide psychological calm for couples. From a socio-legal perspective, this practice reflects the existence of legal pluralism, where customary norms coexist and negotiate with sharia norms and state law. Normatively, sulup marriage has not met the formal legal requirements of the state so that an official re-contract is still carried out. However, in the perspective of 'urf, this tradition can be categorized as 'urf sahih as long as it does not contradict the basic principles of sharia. This research confirms that law is not only understood as a normative text, but also as a social practice that lives in society.
Mental Health, Marital Breakdown, and Islamic Judicial Ethics: A Maqāṣid-Based Assessment of an Indonesian Religious Court Decision Muhammad Fadhly; Marwa Marwa; Nadila Laseda; M. Hafiz Ridho Abdul Tahak; Fatum Abubakar
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3830

Abstract

This study examines the Decision of the Ternate Religious Court Number 0062/Pdt.G/2017/PA. TTE regarding divorce lawsuits due to psychiatric disorders experienced by husbands, by placing the analysis from the perspective of maqāṣid al-syarī’ah . The research was conducted with a qualitative method through a normative juridical approach and maqāṣid al-syarī’ah analysis, and reinforced with field data from interviews to ensure the relevance between norms and practices. The findings of the study show that the judge granted the divorce lawsuit not solely because of the husband's psychiatric condition, but because it was proven that there were quarrels, disharmony, and domestic dysfunction that lasted continuously for more than six months. The judge's consideration was then analyzed based on the five principles of maqāṣid al-syarī’ah —hifdz al-din, hifdz al-aql, hifdz al-nafs, hifdz al-mal, and hifdz al-nasl—which, as a whole, affirmed that a divorce decision is the most beneficial option to maintain the safety, dignity, and rights of the wife.
Co-Authors Abu Sahman Nasim Abu Sanmas Fatum Abubakar M. Hafiz Ridho Abdul Tahak Muhammad Fadhly Muhammad Ufuqul Mubin Nadila Laseda Rifda Nasir Syaifuddin Syaifuddin