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All Journal International Journal of Multidisciplinary Research of Higher Education (IJMURHICA)
Ahmad Zuhdi
Institut Agama Islam Negeri Kerinci, Indonesia
Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Social Sciences

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Harmonization of Customary Law and Islamic Family Law in the Tradition of Temu Ahak Basrul Basrul; Ahmad Zuhdi
International Journal of Multidisciplinary Research of Higher Education Vol 9 No 3 (2026): July (Theme Education, Religion Studies, Social Sciences, STEM and Economic Devel
Publisher : Islamic Studies and Development Center in Collaboration With Students' Research Center Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/ijmurhica.v9i3.562

Abstract

This study examines the harmonization of customary law and Islamic family law within the tradition of Temu Ahak in Indonesian marriage practices. Using a qualitative method with an empirical juridical approach through case studies, data were collected via interviews, observation, and documentation. The findings reveal that Temu Ahak functions as a socio-legal mechanism that provides space for deliberation, verification, and assessment of the readiness of prospective spouses, with the tengganai serving as the customary authority. The approval of the tengganai influences marriage administration, affirming Temu Ahak as a form of living law that interacts with formal law. From the perspective of Islamic family law, Temu Ahak reflects the principle of caution (ihtiyat) and responsibility in choosing a spouse, while in the framework of maqashid al-shari’ah it contributes to safeguarding religion, lineage, and honor. Thus, Temu Ahak represents a bridge of harmonization between customary norms, Islamic law, and state law in the marriage practices of society.
Role of Tengganai in Resolving Domestic Conflicts: A Maqashid Shariah Analysis Asnadi Anas; Ahmad Zuhdi
International Journal of Multidisciplinary Research of Higher Education Vol 9 No 3 (2026): July (Theme Education, Religion Studies, Social Sciences, STEM and Economic Devel
Publisher : Islamic Studies and Development Center in Collaboration With Students' Research Center Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/ijmurhica.v9i3.583

Abstract

This study investigates the role of tengganai in resolving domestic conflicts and analyzes the practice within the framework of maqashid shariah. Using a qualitative case study approach, data were collected through interviews and observations with tengganai, customary leaders, and related stakeholders. The findings indicate that tengganai act as mediators who emphasize deliberation and familial approaches through the mechanism of sit tengganai. This mechanism has proven effective in resolving disputes swiftly, efficiently, and with respect for the dignity of the parties involved. Nevertheless, a shift has occurred in which the enforcement of customary sanctions has become less consistent, with greater reliance on persuasive methods. From the perspective of maqashid shariah, this practice reflects efforts to safeguard religion, life, intellect, lineage, and property, thereby illustrating the contextual application of living maqashid. The study highlights the importance of tengganai as local actors in integrating customary law and Islamic law in domestic conflict resolution.
Co-Authors Asnadi Anas Basrul Basrul