Erni Sulhati Roudho Siregar
Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan, Indonesia

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Malojongkon Boru in Angkola Batak Community: An Analysis of 'Urf and the Validity of Marriage in Islamic Law Erni Sulhati Roudho Siregar; Fatahuddin Aziz Siregar; Uswatun Hasanah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri, , Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i2.3549

Abstract

The study of Angkola marriage, dispute resolution through customs, the position of the marriage guardian, and the concept  of 'urf has tended to develop separately, while the practice  of Malojongkon Boru has not been studied empirically in the perspective  of classical and contemporary 'urf theory  . This study integrates empirical legal studies with the concepts  of 'urf ṣaḥīḥ and 'urf fāsid, and analyzes them through the perspective  of maqāṣid al-syarī'ah. The research was conducted in Padang Bolak Tenggara District, North Padang Lawas Regency, using an empirical approach and qualitative methods through interviews, observations, and documentation of traditional leaders, religious leaders, couples who have lived traditions, and their families. The findings show that the practice is driven by a variety of factors, including economic disparities, differences in social status, social sanctions, and women's consent formed under conditions of pressure, in addition to the problem of family rejection and high levels of synmomot. Malojongkon Boru still functions as a mechanism for resolving marital conflicts, but its implementation places customary authority ahead of the contract and delays the involvement of the marriage guardian, thus creating social conditions when the couple has not yet obtained formal recognition of the marriage. Based on these characteristics, this practice is closer to the category of 'urf fāsid, although its function of reconciliation still has social value. This research provides an empirical basis for assessing customary practices from the perspective of Islamic family law contextually.