Ranti Suminar Indah
Universitas Muhammadiyah Palangka Raya

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Legal Progressivism in Planting Durian Trees as a Marriage Requirement in Tompo Bulu Dian Purnamasari; Norcayono Norcayono; Ranti Suminar Indah
Qanun: Jurnal Hukum Keluarga Islam Vol. 4 No. 1 Mei 2026
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/qanun.v4i1.39826

Abstract

This study examines the legal progressivity of the obligation to plant durian trees as a marriage requirement, as regulated by Village Regulations No. 05/2022 and No. 17/2022 in Tompo Bulu Village, South Sulawesi. The regulations impose sanctions on prospective brides and grooms who fail to comply, including the authority of the village imam to refuse to officiate the marriage. This provision raises legal questions regarding its compatibility with the pillars and requirements of a valid marriage under Islamic jurisprudence (fiqh al-munakahat). This study aims to analyze the legitimacy of the Village Regulations from the perspective of Siyasah Syar'iyyah, examine the legal implications of the marriage refusal mechanism, and explore the philosophical values underlying the tradition of planting durian trees. Employing an empirical legal research method with a legal anthropology approach, data were collected through in-depth interviews, field observations, and documentary analysis of the relevant Village Regulations. The findings reveal that no marriage has ever been refused on the basis of non-compliance with the regulation. Approximately 98% of village residents voluntarily fulfill the obligation, while the remaining 2% are residents who marry outside the village's jurisdiction, where the regulations do not apply. These findings indicate that the sanctions primarily function as a deterrent and normative mechanism rather than as an instrument of punishment. The tradition demonstrates how local regulations can accommodate environmental, social, and cultural values while maintaining the validity of marriage under Islamic law.