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Irma Purnamayanti
Universitas Muhammadiyah Buton; Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Resolution of Customary Land Disputes from the Perspective of Maqasid Syari'ah and the Basic Agrarian Law (UUPA): A Case Study in Kadolo Katapi Village, BTN Bukit Sari, Baubau City Wa Ode Serlianti; Irma Purnamayanti; Abdul Kahar Syarifuddin
Social Science Academic Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

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Abstract

This study aims to analyze the forms and characteristics of customary land disputes in Kadolo Katapi Village, BTN Bukit Sari, Baubau City, and to offer resolution solutions through the integration of Maqasid Shari'ah perspectives and the Basic Agrarian Law (UUPA). The study employs a qualitative approach with an empirical legal research design. Data were collected through in-depth interviews, field observations, and documentary studies, then analyzed using the Miles and Huberman interactive model with source and method triangulation to ensure data validity. The findings reveal that land disputes in this area are multidimensional in nature, encompassing ownership disputes, possession conflicts, boundary disagreements, and rights transfer contestations rooted in the dualism between customary norms and national positive law, compounded by the scarcity of formal ownership documents. The tiered resolution mechanisms pursued through customary deliberation, institutional mediation, and litigation have proven insufficient in delivering substantive justice acceptable to all parties. The Maqasid Shari'ah perspective, through the principles of al-shulh (peaceful settlement), al-'adalah (substantive justice), and dar' al-mafasid (prevention of harm), offers an integrative model that complements the UUPA in achieving dispute resolution that is both juridically valid and substantively just, with direct implications for the attainment of SDG 1, SDG 11, and SDG 16.
Synchronization of Customary Values and Islamic Sharia in the Determination of Dowry and Wedding Party Costs in Bahari Village, South Buton Regency Lefiana; Irma Purnamayanti; La Jidi
Social Science Academic Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/ssa.10587

Abstract

This study aims to analyze the practice of dowry determination based on social stratification and examine the synchronization between customary values and Islamic sharia principles in marriages within Bahari Village, South Buton Regency. A qualitative approach with a single case study design was employed. Data were collected through participatory observation, in-depth interviews with traditional leaders, religious leaders, and married couples, as well as documentation study. Data analysis followed the interactive model of Miles et al., encompassing data condensation, data display, and conclusion drawing, with validity ensured through source and technique triangulation. The study yields two primary findings. First, dowry determination in Bahari Village is directly shaped by social stratification distinguishing the kaomu (nobility) and walaka (commoners), whereby the dowry amount functions not only as a religious obligation but also as a symbol of family honor and social standing. The customary unit of value known as boka proves adaptive, as its monetary worth is periodically adjusted to reflect economic changes without compromising the essence of tradition. Second, synchronization between customary law and sharia operates organically through the application of the 'urf concept, the taysir principle, and deliberative mechanisms in determining wedding costs. This harmony is sustained by the synergistic collaboration between traditional and religious leaders as two mutually legitimizing pillars of local authority. The study concludes that custom and Islamic sharia in Bahari Village are not in opposition, but function complementarily in shaping marriage practices that are just, adaptive, and harmonious.
Co-Authors Abdul Kahar Syarifuddin La Jidi Lefiana Wa Ode Serlianti