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All Journal Al-Mizan (e-Journal) Al-Istinbath: Jurnal Hukum Islam
Nurul Mahmudah
Institut Agama Islam Negeri Sultan Amai Gorontalo
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS PAKSAAN NIKAH DALAM PRAKTIK REK SEREK DI DESA KATOL BARAT KECAMATAN GEGER KABUPATEN BANGKALAN Nurul Mahmudah; Ja'far Shodiq; Syamsul Arifin
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.2999

Abstract

Forced marriage by the village head has apposed 26th subsection in Peraturan Daerah (the Regional Regulation) Number 6 of 2014  concerning the Village that the village head has no authority of forcing the marriage and Article 6 paragraph (1) Law Number 1 of 1974 concerning Marriage that forbids marriage forced and must get agreement from brides. But this practice has been done for a long time ago and have supported by the societies of Katol Barat people. This research has been classified into field research. Used data is primary. The process of gathering data use the interview method. The data has been analyzed by descriptive qualitative method. Checking the validity of the data is done by using the technique of triangulation. The result of the research shows: (1) in the perspective of progressive law, marriage forced in the rek serek case is suitable with principles of progressive law, (2) in sadd al-dzari’ah perspective, marriage forced in the rek serek case is as mediation for behavior that has benefit. Because of that, the realization of it must be supported, and (3) a comparison between progressive law and sadd al-dzari’ah (prevent harm) includes the similarities and the differences. Progresif law and sadd al-dzari’ah have an equation to appear the benefit for people and go off the mainstream of laws. The difference between both is placed in the ontology, epistemology,  and axiology area
Negotiating Sharia, Customary Law, and Gender: Feminist Legal Pluralism in the Learo Tradition of Marriage in the Bintauna Community, Indonesia Rizal Darwis; Nurul Mahmudah; Ahmad Faisal; Muhammad Syakir Al Kautsar; Ahmad Fathan Aniq
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14890

Abstract

The learo tradition in marriage among the Bintauna community of Indonesia reflects the tension between Islamic law, customary law and gender equality. While this practice symbolically honours women, it simultaneously enforces a discriminatory public virginity test, causing psychological distress and gender inequality. This study aims to analyse the learo tradition as a space for negotiation between Sharia law and customary law, to uncover power relations and the politics of women’s bodies, and to propose a framework of feminist legal pluralism centred on women’s voices. This qualitative research was conducted in Bintauna Sub-district (May–July 2023) using semi-structured interviews with 18 respondents (religious leaders, customary leaders, ritual leader (inang), academics, and women practising the tradition) and non-participant observation at five learo ceremonies. Thematic analysis was conducted using a feminist legal pluralism framework. The findings indicate: (1) the function of virginity testing within the learo tradition exceeds the bounds of valid customary (‘urf shahih) as it contradicts cover up a fault (saturul ‘aib) and the objectives of Islamic (law maqashid of sharia); (2) this practice reinforces patriarchy by imposing purity tests solely on women, causing trauma and stigma; (3) women (the ritual leader and the bride) have limited but strategic agency in quietly negotiating the rituals. The contribution of this research is to provide an operational framework for feminist legal pluralism based on three pillars: living customary normativity, locally reinterpreted Islamic legitimacy, and dialectical power relations. This framework offers adaptive transformation without erasing tradition, by recommending the abolition of virginity tests, the privatization of rituals, and full inclusivity for all prospective brides and grooms
Co-Authors Ahmad Faisal Ahmad Fathan Aniq Ja'far Shodiq Muhammad Syakir Al Kautsar Rizal Darwis Syamsul Arifin