This Author published in this journals
All Journal Maqasid Forum
Aisyah Al-Akbari
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Dialektika Hukum Islam dan Budaya: Analisis ‘Urf terhadap Tradisi Alek Malapeh Marapulai Aisyah Al-Akbari; Busyro Busyro
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 2 (2026): June 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i2.616

Abstract

This study aims to analyze the implementation of the alek malapeh marapulai tradition after marriage in Nagari Guguak Tabek Sarojo, Agam Regency, and examine its legitimacy from the perspective of ‘urf in Islamic law. This research employs a qualitative approach, with data collected through observation and in-depth interviews with traditional leaders, religious leaders, and community members. The findings indicate that the tradition requires the conferral of a customary title upon the marapulai before the newlyweds begin living together. It functions as a social mechanism for strengthening family ties, legitimizing the marapulai’s status, and maintaining customary harmony within the matrilineal kinship system. From the perspective of Islamic law, the tradition fulfills seven criteria for valid ‘urf: it does not contradict Islamic legal texts, is rationally acceptable and consistent with community norms, is generally practiced repeatedly, predates the relevant legal event, does not override the parties’ agreements, avoids harm while promoting public welfare, and does not concern matters of prescribed worship (‘ibadah mahdhah). These findings support the classification of the tradition as ‘urf shahih, provided that its implementation continues to comply with these conditions. This study concludes that alek malapeh marapulai can be accommodated within Islamic law as a customary practice that supports social harmony and public welfare. Academically, this research contributes to the study of Islamic family law by demonstrating how customary marriage traditions can be evaluated through the legal framework of ‘urf.