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All Journal FIKRI : Jurnal Kajian Agama, Sosial dan Budaya Islamic Studies and Civilization Journal
Nufiar Nufiar
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia
Social Sciences

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Tawar Kampung an Instrument of Social Control in Gayo Lues Society: A Study of the Sociology of Islamic Law Ripi Hamdani; Nufiar Nufiar; Ahmad Syahyana
Islamic Studies and Civilization Journal Vol. 1 No. 1 (2025)
Publisher : Prodi Magister Ilmu Agama Islam, Pascasarjana UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/1.1.6

Abstract

This study raises the issue of the complexity of social control in Aceh Province, particularly through the Tawar Kampung tradition in Gayo Lues, which is often viewed merely as a cultural practice without an integrative analysis of Islamic law. The urgency of this research lies in the need for a deeper understanding of informal social control mechanisms capable of maintaining communal harmony when the formal legal system has limitations. This study aims to analyze the sociological function of Tawar Kampung and examine its normative position from the perspective of the sociology of Islamic law through the framework of 'urf and maqāṣid al-syarī'ah. Using a qualitative method with a literature study design and a normative-sociological approach, data are analyzed through a hermeneutic circle to achieve a holistic understanding. The research findings indicate that Tawar Kampung functions as an effective instrument of restorative justice because it is supported by the moral legitimacy of traditional leaders (Sarak Opat) and the internalization of collective values. Normatively, this practice is classified as 'Urf ṣaḥīḥ because it aligns with the principles of sharia in preserving religion and lineage and preventing social damage. In conclusion, Tawar Kampung is a manifestation of living law that is able to synergize local wisdom with the flexibility of Islamic law to realize substantive public welfare.
Understanding Kerje Sara Urang in the Gayo Community of Belah Hakim: A Study of ʿUrf and Local Customary Practices Adelin Hakim; Abdul Manan; Jailani Jailani; Nufiar Nufiar; Khairiah Syahabuddin
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 10 No. 2 (2025): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v10i2.6479

Abstract

This study examines the kerje sara urang prohibition within the Gayo community's Belah Hakim clan, a customary rule forbidding intra-clan marriage, utilizing a qualitative method with an empirical juridical approach. The research combines normative analysis with direct field observation in Belah Hakim in habited areas of Central Aceh, Bener Meriah, and Gayo Lues. Primary data were gathered through interviews, observation, and documentation, analyzed using the Miles and Huberman model and triangulated for validity. The study found that the Belah Hakim community enforces this prohibition due to beliefs in shared lineage impacting health, its role in maintaining social harmony, fear of ancestral curses, and a desire to uphold religious values. Violators face parak (exile for six-months) and traditional fines, with more severe sanctions like jeret naru (permanent exile) for specific cases. From an ‘urf perspective, this prohibition is categorized as al-’urf al-fāsid because it lacks explicit Islamic legal basis and can lead to harmful social consequences such as family disintegration, social exclusion, and infringement on individual rights, while also risking shirk through beliefs in ancestral curses. This research highlights the conflict between customary norms and Islamic justice, advocating for a contextual Islamic legal approach to align customary law with maqāṣid al-sharī'ah.
Reconciling Tradition and Sharia: An Evaluation of the Bejamu Saman Tradition in Aceh, Indonesia Ripi Hamdani; M. Chalis; Nufiar Nufiar; Abdul Manan; Muji Mulia
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 10 No. 2 (2025): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v10i2.6941

Abstract

This article analyzes the tension between the Bejamu Saman tradition in Gayo Lues and Islamic legal norms due to the influx of modern cultural influences. The core problem lies in the practice of Najuk and the shift in artistic content that tends to emphasize sensual aspects, which harms the religious substance of tradition. The novelty of this study lies in the approach of the Sociology of Islamic Law combined with an evaluation based on Maqāṣid al-Sharī'ah to formulate a form of harmonization between local wisdom and the limitations of sharia. Using a qualitative method with a normative-juridical approach, data were collected through in-depth interviews with religious leaders, traditional leaders, and community artists in Gayo Lues Regency. The research findings indicate that Bejamu Saman is maintained as a living law because of its essential role in maintaining social solidarity and silaturahmi (ḥifẓ al-Nafs). However, the evaluation of Maqāṣid al-Syarī'ah identified a clear mafsadah in the practice of Najuk and explicit poetry that directly threatens honor (ḥifẓ al-Nasl) and ignores the principle of Sadd al-Dharī'ah. As a strategic solution, this study recommends a Cultural Reform policy to the Customary Council and the Regional Government to develop technical guidelines for preserving traditions. These recommendations include legalizing the no-touch Najuk procedure through a special forum, returning artistic content to its original form through figurative and da'wah-filled treh/sonek poetry, adjusting Bines dance movements to be less excessive, and strengthening control of performance spaces through the Keketar authority. These steps are crucial to ensure the existence of Gayo Lues culture remains in harmony with the basic values ​​of Islamic law without losing its original essence.
Co-Authors Abdul Manan Adelin Hakim Ahmad Syahyana Jailani Jailani Khairiah Syahabuddin M. Chalis Muji Mulia Ripi Hamdani