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All Journal USRAH: Jurnal Hukum Keluarga Islam
Qosim Khoiri Anwar
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Religion Law, Crime, Criminology & Criminal Justice

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PROHIBITING DIVORCE, PRESERVING HARMONY : A MAQĀṢIDI AND GENDER JUSTICE ANALYSIS OF THE MAK DIJUK SIANG TRADITION IN LAMPUNG PEPADUN COMMUNITY, INDONESIA Hanifah Nur Qotrunnada; Qosim Khoiri Anwar; hanifahnur
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/31fp8650

Abstract

This study aims to explain the practice of the Mak Dijuk Siang tradition  as a prohibition of divorce in the indigenous people of Lampung Pepadun Ratu Buay Semenguk and assess its relevance through the perspective  of maqāṣid al-syarī'ah and gender justice theory. This tradition places marriage as a social institution that must be maintained through multi-layered conflict resolution mechanisms, ranging from the nuclear family to traditional contractors, so that divorce is seen as an act that undermines clan honor and social stability. The study used a descriptive-analytical qualitative method by combining primary data from interviews and secondary data from Islamic family law literature, maqāṣid al-syarī'ah, and gender studies. The results of the study show that Mak Dijuk Siang is in line with the principles of Islamic family law which emphasizes family reconciliation and mediation before divorce is taken. Within the framework of maqāṣid al-syarī'ah Jasser Auda, this tradition functions to comprehensively protect honor, descent, and social welfare. Gender analysis shows the potential for inequality due to patrilineal structures, but customary practices also contain protective mechanisms through the role of traditional leaders that function to maintain balance and justice. This tradition can be maintained as long as it is interpreted adaptively and remains oriented towards family justice.
Co-Authors Hanifah Nur Qotrunnada hanifahnur