Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan (In Progress)

The Tradition of Nyadokaken Pengantin in Osing Tribe Marriages in Indonesia: An 'Urf Perspective

Ansori, Moh. Khoirur Rizqi (Unknown)
Dahlan, Moh (Unknown)
Ishaq, Ishaq (Unknown)



Article Info

Publish Date
08 Mar 2025

Abstract

This study examines the Nyadokaken pengantin tradition in the marriage of the Osing tribe in Kemiren Village, Banyuwangi, emphasizing its origins, execution, and legal standing under Islamic law. This research utilizes a qualitative methodology, encompassing participant observation, in-depth interviews, and recording while adopting a normative framework that integrates Pierre Bourdieu’s habitus theory as an analytical instrument. Research suggests that Nyadokaken began as a method for conflict settlement aimed at preserving familial unity. It possesses considerable societal significance, as families that renounce it encounter stigma and less social acknowledgment. From a fiqh standpoint, the tradition is classified as ‘urf shahih, as it conforms to Al-‘Adah Muhakkamah, meeting the standards of recognized customary practice in Islamic jurisprudence. This study enhances Islamic family law by examining how ‘urf shahih might incorporate local traditions into modern Islamic legal frameworks. Utilizing a sociocultural approach reconciles normative Islamic law with actual practices, providing insights into the adaptive characteristics of Islamic legal principles in Indonesia,

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Journal Info

Abbrev

qadha

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; ...