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All Journal Jurnal Ilmiah Al-Syir'ah
Lokot Zein Nasution
Badan Riset dan Inovasi Nasional
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Customary Advice and Legal Pluralism in Marriage: Negotiating Customary and Islamic Law in Mandailing Natal Dedisyah Putra; Sumper Mulia Harahap; Juni Wati Sri Rizki; Lokot Zein Nasution; Rahmad Asril Pohan; Sabrun Edi
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3535

Abstract

This study examines how customary advice mediates the interaction between customary law and Islamic law in marriage practices among the Mandailing Natal community in North Sumatra. It addresses how normative integration operates within everyday legal pluralism at the micro-social level. Using a qualitative socio-legal approach, data were collected through participant observation, semi-structured interviews with customary and religious leaders, and textual analysis of customary marriage speeches. The findings show that customary advice functions as a culturally embedded mechanism for articulating and contextualizing Islamic values within the Dalihan Na Tolu kinship system. In marriage rituals such as mangupa and horja, customary actors convey principles of sakinah, mawaddah, and rahmah through locally resonant expressions. The novelty of this study lies in conceptualizing customary advice as a dynamic discursive practice that facilitates the contextual translation of religious norms rather than merely symbolizing tradition. Theoretically, this article contributes to legal pluralism by demonstrating that normative integration occurs informally, relationally, and contextually. It also reveals how modernization has shifted customary advice from an active mediating mechanism toward a more symbolic cultural form.
Co-Authors Dedisyah Putra Juni Wati Sri Rizki Rahmad Asril Pohan Sabrun Edi Sumper Mulia Harahap