Jurnal Syariah, Hukum, dan Ekonomi Islam
Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam

Analysis of the Temon Bayi Tradition from the Perspective of ʿUrf

Muh. Baehaqi (INISNU Temanggung, Indonesia)
Tanti Trisnawati (INISNU Temanggung, Indonesia)
Braham Maya Baratullah (Dosen IIQ Yogyakarta)



Article Info

Publish Date
30 Jun 2025

Abstract

The adoption of children in Indonesia is not a new phenomenon. In Islamic jurisprudence (fiqh), the adoption of a child is referred to as tabanni. The practice of adopting children has existed since the era of Jahiliyyah (pre-Islamic ignorance). One of the customary traditions that gives rise to legal events related to child adoption is the Temon Bayi tradition. The Temon Bayi tradition is a customary practice carried out when a mother gives birth to two babies in succession, both of whom pass away. When she gives birth to a third child, according to this tradition, the third child must be “entrusted” to a traditional birth attendant (dukun bayi), and symbolically becomes the child of the birth attendant. Therefore, this research aims to examine how the practice is carried out and how ‘urf (customary law) views the Temon Bayi tradition. This research is a qualitative study using field research methods and a normative-sociological approach. Based on the findings, it is concluded that the Temon Bayi tradition process includes: a symbolic entrustment contract (akad) to a non-family member, naming of the child, a thanksgiving ceremony (syukuran), and a redemption ritual (penebusan) once the child reaches puberty. This tradition is a part of valid custom (al-‘urf al-shahih) in Islam because it does not contradict sharia, preserves lineage (nasab), and contains elements of public benefit (maslahah). The tradition reflects al-‘urf al-lafzi in terms of its scope and is categorized as al-‘urf al-khas in terms of its object.

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Journal Info

Abbrev

j-shei

Publisher

Subject

Description

Articles to be received and published in the J-Shei are included in the scope of all aspects of Islam and the Islamic world in the fields of: Islam and Philosophy. Islam and History. Islam and Religion. Islam and Political Science. Islam and International Relations. Islam and Psychology. Islam and ...