SAOFI, M. SULHAN
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Islamic legal view on women’s marriage prohibition without knitting skills: A case study in Sukarara Village, Lombok Saofi, M. Sulhan
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 1: (July) 2024
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i1.2024.805

Abstract

Background: The custom of weaving the clothes is a custom of the ancestors of the people of Sukarara Village, which must be carried out at weddings. Having weaving skills is a requirement that must be met for women before carrying out a marriage contract. If a woman does not have weaving skills, she is prohibited from carrying out the marriage. This article will discuss the problem of the practice of prohibiting marriage for women before they can weave in Sukarara Village, Jonggat District, Central Lombok Regency, and what the perspective of Islamic law is regarding the prohibition of marriage for women before they can weave in Sukarara Village, Jonggat District, Central Lombok Regency. Methods: Researchers used field research with a qualitative descriptive approach. Data collection techniques include observation, interviews, and documentation. Two data sources were used, namely primary data and secondary data. Findings: This research finds that the practice of prohibiting marriage for women who cannot yet knit traditional Lombok cloth has begun to erode. Conclusion: According to Islamic law, the prohibition of marriage for women before they can sesek is a marriage prohibition that can be justified because: First, it brings benefits to each individual and many people. Second, it is included in the authentic urf as long as it does not conflict with Islamic teachings. Novelty/Originality of this Study: The intersection between local customs and Islamic law, specifically focusing on the unique tradition in Sukarara Village that prohibits women from marrying until they can weave traditional Lombok cloth, offers a rare insight into the coexistence and mutual influence of cultural practices and religious principles on marriage laws in a specific Indonesian community.
The clash between state law and customary law in the settlement of inheritance disputes Saofi, M. Sulhan
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 2: (January) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i2.2026.2671

Abstract

Background: Inheritance disputes in indigenous communities frequently arise from tensions between state law and living customary law. In Toraja society, inheritance distribution is traditionally governed by patrilineal norms, whereas state law emphasizes equal inheritance rights for sons and daughters, creating practical and normative friction in dispute resolution. Prior socio-legal discussions on legal pluralism indicate that customary authority often remains dominant in community life, yet state legal standards increasingly frame rights-based protection, including gender equality, as a core benchmark in adjudication. This study aims to examine how state legal norms and Toraja customary rules interact, compete, and shape outcomes in inheritance dispute resolution, and to identify a feasible pathway for harmonization that can support fairness and social justice. Methods: This research employs a juridical-normative method using a statute approach and a conceptual approach. Legal materials were collected through library research, including relevant legislation, judicial reasoning patterns in inheritance disputes, and doctrinal writings on customary law, gender equality, and legal pluralism, and then analyzed qualitatively through systematic interpretation and legal argumentation. Findings: The analysis shows that Toraja customary law remains highly authoritative and socially binding, influencing dispute settlement preferences and community compliance, but it tends to produce unequal outcomes where inheritance is allocated primarily through male lineage. Conversely, state law provides stronger normative support for gender-equal inheritance rights, offering broader protection for daughters when disputes reach formal legal institutions. The findings indicate that the tension is not merely procedural but conceptual: customary legitimacy is grounded in communal continuity, while state law prioritizes equality-based rights, requiring adjudication that can translate both values into a reasoned, socially acceptable decision. Conclusion: Harmonization is necessary to ensure inheritance dispute resolution is both socially legitimate and substantively just, particularly in safeguarding gender equality without disregarding customary authority. Novelty/Originality of this article: This article contributes an integrated normative model for resolving Toraja inheritance disputes by positioning judicial dialogue between state law and customary law as a structured mechanism for balancing communal legitimacy and equality-based rights within a plural legal setting.