Jurnal Ilmiah Al-Syir'ah
Vol 24, No 1 (2026)

Customary Advice and Legal Pluralism in Marriage: Negotiating Customary and Islamic Law in Mandailing Natal

Dedisyah Putra (Sekolah Tinggi Agama Islam Negeri Mandailing Natal)
Sumper Mulia Harahap (Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)
Juni Wati Sri Rizki (Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan)
Lokot Zein Nasution (Badan Riset dan Inovasi Nasional)
Rahmad Asril Pohan (Universitas Islam Negeri Sumatera Utara)
Sabrun Edi (Universiti Kebangsaan Malaysia)



Article Info

Publish Date
20 Jun 2026

Abstract

This study examines how customary advice mediates the interaction between customary law and Islamic law in marriage practices among the Mandailing Natal community in North Sumatra. It addresses how normative integration operates within everyday legal pluralism at the micro-social level. Using a qualitative socio-legal approach, data were collected through participant observation, semi-structured interviews with customary and religious leaders, and textual analysis of customary marriage speeches. The findings show that customary advice functions as a culturally embedded mechanism for articulating and contextualizing Islamic values within the Dalihan Na Tolu kinship system. In marriage rituals such as mangupa and horja, customary actors convey principles of sakinah, mawaddah, and rahmah through locally resonant expressions. The novelty of this study lies in conceptualizing customary advice as a dynamic discursive practice that facilitates the contextual translation of religious norms rather than merely symbolizing tradition. Theoretically, this article contributes to legal pluralism by demonstrating that normative integration occurs informally, relationally, and contextually. It also reveals how modernization has shifted customary advice from an active mediating mechanism toward a more symbolic cultural form.

Copyrights © 2026






Journal Info

Abbrev

JIS

Publisher

Subject

Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Al-Syir'ah, with registered number ISSN 1693-4202 (Print), ISSN 2528-0368 (Online) is a peer-reviewed journal published twice a year in June and December by Faculty of Sharia, State Islamic Institute of Religious Affairs (IAIN) Manado. Jurnal Ilmiah Al-Syir'ah is a Communication Media ...