Rahmawaty Rahmawaty
Institut Agama Islam Negeri Manado

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The Limits of Social Harmony in Protecting Islamic Family Rights in Tomohon and Tana Toraja Ridwan Jamal; Naskur Bilalu; Ahmad Ridha AR; Rahmawaty Rahmawaty; Nurlaila Harun
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4551

Abstract

Communal harmony is often taken as evidence that Islamic family law successfully accommodates local custom in religiously diverse settings, yet acceptance does not show that spouses and heirs retain clear entitlements, meaningful consent, administrative recognition, and access to remedies. This article reanalyzes documented qualitative material on Muslim families in Tomohon, North Sulawesi, and Tana Toraja, South Sulawesi, generated between January and June 2022 from interviews, observation, and documentation with twenty purposively selected informants. Without claiming new fieldwork, the article reassesses three arenas recorded in the corpus: marriage payments and extended-family participation, kinship-based inheritance arrangements, and mediation by religious and customary authorities. The findings show that mahr in Tomohon carries symbolic and relational significance, while marriage-related transfers and inheritance practices in Tana Toraja emphasize inter-family ties, collective welfare, and consultation with local authorities; however, the evidence does not establish how property is controlled, how dissent is handled, or how remedies are accessed. Drawing on legal pluralism, Islamic family-law doctrine, and relational legal consciousness, it proposes a rights-accountable accommodation framework of material and religious entitlements, cultural recognition, administrative recognition, and procedural accountability. Social harmony contributes to family justice only when solidarity clarifies rights, preserves informed consent, and remains connected to accessible remedies.