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Journal : Tasyri'

Nyongkolan dalam Perspektif Hukum Islam dan Hukum Adat: Integrasi Tradisi dan Syariat dalam Pernikahan Masyarakat Sasak Yudha, Gesit; Santoso, Rudi; Hadaiyatullah, syeh Sarip; Fikri, Arif; Irawan, Rudy
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.182

Abstract

The Nyongkolan tradition is a distinctive marriage procession within the Sasak community in Lombok, West Nusa Tenggara, which combines elements of customary law with Islamic law. This study aims to examine how the integration of Islamic law and Sasak customary law occurs in the implementation of Nyongkolan, as well as the challenges faced in harmonizing the two. Using a descriptive qualitative approach, data was obtained through in-depth interviews, participatory observation, and documentation involving religious leaders, customary figures, and members of the Sasak community involved in the marriage procession. The findings of the study show that although there is potential conflict between the principle of simplicity in Islam and some customary elements considered excessive, both Islamic law and customary law play important roles in strengthening the relationship between the two families of the bride and groom, as well as preserving local cultural values. Dialogue and mutual understanding between religious leaders and customary figures are necessary to achieve harmonious integration between the two. This study reveals the importance of maintaining a balance between tradition and religious teachings to preserve the essence of a marriage that is legitimate both in terms of religion and culture, as well as enriching the identity of the Sasak community.
Konvergensi Hukum Islam dan Undang-Undang Perlindungan Anak dalam Perkawinan Anak di Indramayu Fikri, Arif; Burhanuddin, Ahmad; Santoso, Rudi; Ismail, Habib
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.211

Abstract

The practice of child marriage in Indramayu Regency remains a complex social issue, despite various efforts being made to address it. This study aims to analyze the convergence between Islamic Law and the Child Protection Law in handling child marriage cases in the region, as well as to identify the factors that influence the success or failure of the implementation of both legal systems in protecting children's rights. The method used is qualitative research with a case study approach, where data is obtained through in-depth interviews with relevant informants, field observations, and document and secondary data analysis. The research findings show that although Islamic Law allows child marriage under certain conditions, the Child Protection Law explicitly prohibits it to safeguard children's rights. However, the implementation of both legal systems is often hindered by social, cultural, and economic factors, such as poverty, arranged marriages, and the mental and physical unpreparedness of children for marriage. The synergy between the two in the local context has not been fully optimized, although there have been efforts to strengthen policies from the local government, including the enhancement of education and supervision. Therefore, this study recommends the need to strengthen policies, raise public awareness, and foster synergy between the government, legal institutions, and civil society organizations to prevent child marriage practices and protect children's rights in Indramayu Regency.