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All Journal Jurnal Al-Wasith : Jurnal Studi Hukum Islam Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Rahmawati
Institut Agama Islam Negeri Parepare
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The Role of Customary Leaders in Resolving Domestic Disputes (Case Study of the Towani Tolotang Community in Amparita District, Sidenreng Rappang Regency) Nur Syamsuryana Mustari; Rusdaya Basri; Zainal Said; Rahmawati; Sunuwati
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 11 No. 1 (2026): June 2026
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/n52x1298

Abstract

Family is the smallest social unit that plays a a crucial role in maintaining social harmony and welfare. However, domestic conflicts between spouses are inevitable due to differences in character, interests, and socio-economic pressures. In the context of Indonesia’s plural society, dispute resolution is not only conducted through formal legal mechanisms but also through customary practices rooted in local wisdom. This study aims to analyze the role of customary leaders in resolving household disputes within the Towani Tolotang community in Sidenreng Rappang Regency, South Sulawesi. This topic remains relatively underexplored in existing literature, particularly in the context of social transformation and the increasing influence of formal law. This research employs a qualitative approach with a descriptive-analytical method. Data were collected through in-depth interviews, observation, and documentation involving customary leaders, married couples, and community figures. The findings reveal that customary leaders (uwa) play a central role as mediators, resolving domestic conflicts by emphasizing cultural values such as siri’ (honor), pacce (empathy), and lempu’ (honesty). The dispute resolution mechanism is carried out through structured yet flexible customary mediation stages that prioritize deliberation, moral guidance, and reconciliation before reaching a final decision. The study also finds that this mechanism is relatively effective, as most domestic disputes are resolved through customary mediation without leading to divorce. This helps strengthen family harmony and social cohesion within the community. In conclusion, the role of customary leaders remains relevant as a form of living law that preserves family integrity and sustains local cultural values amid modernization. Keywords: Customary Leaders; Towani Tolotang; Household Disputes; Customary Mediation; Living Law
TRADISI HARI BAIK DALAM PERKAWINAN ADAT BUGIS PINRANG: ANALISIS HUKUM ISLAM DAN EKSISTENSI 'URF DALAM PRAKTIK SOSIAL Ahmad Zulhaj Bimasakti; Rahmawati; Budiman
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 11 No. 1 (2026): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Universitas Nahdlatul Ulama Al Ghazali Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v11i1.2128

Abstract

This study aims to analyze the practice from the perspective of Islamic law and examine its position as ‘urf within the framework of ushul fiqh. This research employs a qualitative method with a normative-empirical approach, utilizing observation, interviews, and literature review. The findings indicate that the tradition does not contradict Islamic law as long as it is not believed to be an absolute determinant of fate, but rather understood as a socio-cultural effort. From the perspective of ‘urf, this practice is categorized as ‘urf shahih since it does not conflict with Islamic texts and contains elements of public benefit. However, it may shift into ‘urf fasid if accompanied by excessive mystical beliefs. Therefore, a proportional understanding is necessary to preserve the tradition without compromising the principle of monotheism in Islam.
Co-Authors Ahmad Zulhaj Bimasakti Budiman Nur Syamsuryana Mustari Rusdaya Basri, Rusdaya Sunuwati, Sunuwati Zainal Said