Legitimacy: Journal of Law and Islamic Law
Vol. 2 No. 1 (2026): Legitimacy: Journal of Law and Islamic Law

Jaburan Tradition under Islamic Customary Jurisprudence: Legitimizing Local Religious Practices in Rural Mosques

Ari Maulana Ramadan (State Islamic University of Raden Mas Said Surakarta, Indonesia)
Imam Aris Utomo (State Islamic University of Raden Mas Said Surakarta, Indonesia)
Qodim Ma’shum (State Islamic University of Raden Mas Said Surakarta, Indonesia)



Article Info

Publish Date
15 Jun 2026

Abstract

This article examines the profound dialectical tension between Islamic law universality and socio-cultural particularity through the jaburan tradition in rural Javanese mosques. Utilizing a socio-legal approach, this study thoroughly integrates doctrinal jurisprudence analysis with empirical field research to evaluate the structural institutionalization of this daily communal practice. The findings demonstrate that jaburan operates not merely as sporadic philanthropy, but as a strictly binding cultural social contract proactively governed by local mosque authorities. Through the strict application of the al-'adah al-muhakkamah maxim, this localized tradition is definitively validated as 'urf shahih 'amali, successfully harmonizing local Javanese philosophies of social cohesion with the fundamental objectives of Islamic law. Consequently, this grassroots institutionalization ultimately exemplifies a functional legal pluralism paradigm wherein micro-level living sharia proves significantly more resilient and adaptable than rigid top-down state law codification in preserving religious identities within an increasingly complex global societal order without triggering any harmful doctrinal deviations.

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Journal Info

Abbrev

JOLIL

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legitimacy: Journal of Law and Islamic Law is a peer-reviewed academic journal dedicated to the advancement of scholarship in both legal studies and Islamic legal studies. Published three times annually in January, June, and August the journal serves as a comprehensive platform for the dissemination ...