USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 1 (2026): Januari

THE EXISTENCE OF THE TRADITION OF THE PROHIBITION OF NGIDUL-NGETAN MARRIAGE: AN ANALYSIS OF LIVING LAW AND ʿURF IN ISLAMIC LAW

Fattaah, Abdul (Unknown)
Rahmawati, Pebry (Unknown)



Article Info

Publish Date
05 Jan 2026

Abstract

This study aims to analyze the acceptance, response, and practice of the Ngidul Ngetan marriage prohibition in Bangunrejo Village and examine its position from the perspectives of Eugen Ehrlich's Living Law theory and the Islamic legal concept of ʿUrf. The Ngidul Ngetan tradition prohibits marriage between residents of Bangunrejo and Sekaralas villages based on the belief that the south-east directional alignment resembles a sickle shape, symbolizing misfortune. This research employs a qualitative approach with a juridical-empirical design. Data were collected through in-depth interviews with four categories of informants: customary leaders, religious figures, marriageable-age residents, and couples who violated the tradition. Data were analyzed using descriptive-analytical methods through data reduction, categorization, theoretical interpretation, and source triangulation. The findings reveal that the normative strength of the Ngidul Ngetan tradition has significantly weakened, shifting from a sacred norm to a symbolic social norm maintained through respect for ancestors and social harmony rather than fear of supernatural consequences. From the Living Law perspective, this tradition represents living law as it operates without formal enforcement and adapts dynamically. From the ʿUrf perspective, this tradition is categorized as ʿurf ṣaḥīḥ (valid custom) as it does not contradict Islamic principles and promotes social welfare. This research contributes to understanding the harmonious synergy between customary law and Islamic law in shaping legal consciousness in Indonesian society.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...