Ahmad Syafii
Universitas Islam Negeri Datokarama Palu

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The Novaya customary sanction among the Kaili tribe: An analysis of al-‘urf and the maqasid al-shari’ah Ahmad Syafii; Fifin Sefriani; Sitti Nurkhaerah; Suhri Hanafi; Amiruddin Amrullah
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 5 (2026): October
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i5.1073

Abstract

Purpose – This study aims to analyze the forms and application of Novaya customary sanctions among the Kaili people, as well as to examine their compatibility with the concept of ‘urf and the principles of maqashid sharia. Design – The research method used was a qualitative approach, employing interviews and documentation as data collection methods. The study was conducted in Bulubete Village, South Dolo Subdistrict, Sigi Regency. The informants consisted of one traditional leader and four members of the indigenous community. Informants were selected using purposive sampling. The data were validated through triangulation and analyzed using the Miles and Huberman model. Findings – The findings identify seven categories of conduct addressed through the Potangara Nuada customary-hearing process. The analysis distinguishes three dimensions of Novaya: (1) customary norms defining prohibited conduct, (2) the customary procedure for reporting, hearing, deliberation, reconciliation, and restitution, and (3) material sanctions such as livestock, customary objects, and monetary payments. The first two dimensions show substantial compatibility with the requirements of ‘urf ṣaḥīḥ when they do not contradict Sharia or cause harm; the material sanctions require separate contextual assessment and cannot automatically be treated as Islamic-law sanctions. The maqāṣid analysis focuses on ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-‘ird because these are the dimensions directly evidenced by the reported cases and procedures. Research Implications – This study focuses only on Bulubete’s Kaili community, limiting broader understanding of Novaya variations across other Kaili regions. Originality – The study contributes an integrated analysis using ‘urf and maqāṣid al-Syarī‘ah. Its contribution lies in distinguishing the legal evaluation of customary norms, dispute-resolution procedures, and material sanctions, while interpreting the latter through proportionality and harm-prevention considerations.