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All Journal Jurnal Pengabdian Hukum Indonesia AL-MAIYYAH: Media Transformasi Gender dalam Paradigma Sosial Keagamaan
Zulfahmi AR
Al-Azhar University
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Inherited Spouses or Negotiated Existence? Women’s Agency, Kinship Authority, and Levirate Marriage in Sumba ABD Faiz Karim; Wahidin; Zulfahmi AR
AL-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan Vol 19 No 1 (2026): AL-MAIYYAH
Publisher : Center for Gender and Child Studies, Institute for Research and Community Service, Institut Agama Islam Negeri Parepare.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/almaiyyah.v19i1.17060

Abstract

Levirate marriage has long been understood as a customary mechanism for preserving lineage continuity and providing social and economic protection for widows. Yet this interpretation often obscures the ways in which protection, kinship authority, and women’s agency intersect in everyday decision-making. Existing studies have largely examined levirate marriage through a binary lens of either social protection or patriarchal control, while comparatively little attention has been paid to how women themselves negotiate these overlapping conditions, particularly in Eastern Indonesia. This study examines women’s experiences of levirate marriage in Sumba and explores how they navigate customary expectations, material dependencies, family obligations, and personal choice. Using a qualitative interpretive design, data were collected through semi-structured in-depth interviews, participant observation, and document analysis involving 24 participants, including women with experience of levirate marriage, male relatives, and adat leaders. The findings reveal that levirate marriage simultaneously provides access to housing, family resources, social legitimacy, and child-related support while constraining women’s autonomy through kinship authority, economic dependency, and gendered expectations surrounding remarriage and residence. Women responded through diverse forms of negotiated agency, including strategic acceptance, temporal negotiation, conditional compliance, selective resistance, and collective support. These findings challenge binary interpretations of levirate marriage by showing that protection and control are not mutually exclusive but are relationally intertwined. The study contributes to debates on gender and kinship by demonstrating that women’s agency may emerge not only through overt resistance but also through context-specific negotiation within customary institutions.
Reconstructing Indigenous Self-Determination through Maqashid al-Shari'ah: An Inter-Madhhab Analysis of the O'Hongana Manyawa Community in Indonesia Moh. Maulana; Abdul Maasba Magassing; Andi Suriyaman Mustari Pide; Nur Akifah Janur; Zulfahmi AR
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 9 No. 2 (2026): July-December, 2026 (Article in Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v9i2.54355

Abstract

This study examines the legitimacy of indigenous self-determination in Indonesia under national and Islamic law, using the O'Hongana Manyawa community of Halmahera, North Maluku, as an empirical case. Although the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), ICCPR, and ICESCR recognize self-determination as a fundamental right, its foundation in Islamic jurisprudence remains underexplored. At the same time, Indonesia's constitutional recognition of indigenous peoples has not translated into effective legal protection. Using a socio-legal (juridical-empirical) approach, this study draws on semi-structured interviews with 11 informants, including O'Hongana Manyawa community members, indigenous rights advocates, academics, and state and international actors, supported by analysis of legislation, court decisions, international instruments, and Islamic legal literature. The findings reveal structural weaknesses in Indonesia's protection framework, including declaratory recognition under Article 18B(2) of the Constitution, fragmented institutional authority, and the absence of a legally binding Free, Prior, and Informed Consent (FPIC) requirement. These weaknesses have facilitated nickel-mining expansion into customary territories without meaningful indigenous consent and contributed to the criminalization of community members between 2013 and 2023. The Islamic legal analysis shows that the four Sunni madhhabs support the protection of indigenous self-determination through distinct doctrines: maslahah mursalah (Maliki), 'urf (Shafi'i), istihsan (Hanafi), and sadd al-dhara'i (Hanbali). The study concludes that indigenous self-determination constitutes internal autonomy within Indonesia's constitutional framework and is normatively grounded in Maqashid al-Shari'ah and international human rights law. This approach contributes to the achievement of Sustainable Development Goal (SDG) 8 on Decent Work and Economic Growth and SDG 11 on Sustainable Cities and Communities.
Co-Authors ABD Faiz Karim Abdul Maasba Magassing Andi Suriyaman Mustari Pide Moh. Maulana Nur Akifah Janur Wahidin