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Analisis ‘Urf terhadap Adat Kincai Kawai Seanok di Desa Koto Tuo Pulau Tengah Kabupaten Kerinci, Jambi Muhammad Imron; Azwani Lubis
Aksioreligia Vol. 4 No. 1 (2026): Aksioreligia : Jurnal Studi Keislaman
Publisher : CV Global Research Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59996/aksioreligia.v4i1.997

Abstract

This study examines the practice of Kincai Kawai Seanok customary marriage in Koto Tuo Pulau Tengah Village, Kerinci Regency, as a traditional marital system that continues to be practiced across generations. This custom regulates marriages between couples who share certain kinship ties, with a primary requirement known as “cross lineage,” meaning that the parents of both parties must be related through different genealogical lines (e.g., paternal and maternal lines). The objective of this study is to analyze the practice of this custom and evaluate its compatibility with Islamic law through the perspective of ʿurf (customary practice). This research employs a qualitative approach with an empirical method. Primary data were collected through direct interviews with traditional leaders and local community members, while secondary data were obtained from books and scholarly articles related to marriage and Islamic law. The analysis uses the concept of ʿurf to determine whether the custom falls under ʿurf ṣaḥīḥ (valid custom) or ʿurf fāsid (invalid custom). The findings reveal that the Kincai Kawai Seanok custom requires a cross-lineage marriage pattern and prohibits certain types of marriages that are actually permissible in Islamic law, such as cousin marriage. This prohibition is based on customary rules that contradict Islamic provisions regarding mahram. From the perspective of ʿurf, this practice is categorized as ʿurf fāsid because it conflicts with Islamic legal principles, which allow cousin marriage. Therefore, a re-evaluation of this customary practice is necessary to ensure alignment with Islamic values while preserving local cultural identity.
Analisis Putusan "Pengadilan Agama Tuban" Nomor 1319/Pdt.G/2023/PA.Tbn tentang Penolakan Gugatan Cerai dalam Keluarga Toxic (Ta'addi) Natasya Maharani; Azwani Lubis
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 18 No. 1 (2026): September
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v18i1.5392

Abstract

Divorce is one of the legal mechanisms provided to terminate a marriage when the objectives of establishing a family can no longer be achieved. In practice, however, not every divorce petition is granted by the court. One such case is Decision Number 1319/Pdt.G/2023/PA.Tbn, in which the court rejected the divorce petition on the grounds that it contained a formal defect (obscuur libel), rendering the claim vague and preventing the judges from examining the merits of the case. Nevertheless, the facts presented during the trial revealed continuous marital disputes, economic conflicts, and alleged conduct indicative of a toxic family environment (ta'addi), which potentially undermined the objectives of marriage as prescribed in Qur'an Surah Ar-Rum verse 21. This study aims to analyze the indicators and practices of toxic families (ta'addi), examine the judges' legal reasoning in Decision Number 1319/Pdt.G/2023/PA.Tbn, and evaluate the decision through Fazlur Rahman's Double Movement theory based on Qur'an Surah Ar-Rum verse 21. This research employs a normative legal research method using statutory, case, and conceptual approaches. The data sources consist of court decisions, statutory regulations, the Compilation of Islamic Law, classical Islamic jurisprudence literature, and scholarly journals published within the last five years. The data are analyzed qualitatively using a descriptive-analytical method. The findings indicate that the indicators of a toxic family from the perspective of ta'addi are not limited to physical violence but also include psychological abuse, neglect of financial support, domination, humiliation, emotional manipulation, and the loss of harmony and tranquility within the household. The rejection of the petition in Decision Number 1319/Pdt.G/2023/PA.Tbn was legally justified on the basis of a formal defect in the claim; however, substantively, it did not fully reflect the protection of the parties' welfare (maslahah). From Fazlur Rahman's perspective, judges should not merely adhere to formal legal requirements but should also consider the moral values of the Qur'an, which emphasize sakinah (tranquility), mawaddah (affection), and rahmah (compassion) as the primary objectives of marriage. Therefore, a substantive approach oriented toward the maq??id al-shar?'ah is essential in adjudicating divorce cases arising from toxic family relationships.