Al-Mujtahid: Journal of Islamic Family Law
Vol 6, No 1 (2026)

The Limits of Social Harmony in Protecting Islamic Family Rights in Tomohon and Tana Toraja

Ridwan Jamal (Institut Agama Islam Negeri Manado)
Naskur Bilalu (Institut Agama Islam Negeri Manado)
Ahmad Ridha AR (King Khalid University)
Rahmawaty Rahmawaty (Institut Agama Islam Negeri Manado)
Nurlaila Harun (Institut Agama Islam Negeri Manado)



Article Info

Publish Date
30 Jun 2026

Abstract

Communal harmony is often taken as evidence that Islamic family law successfully accommodates local custom in religiously diverse settings, yet acceptance does not show that spouses and heirs retain clear entitlements, meaningful consent, administrative recognition, and access to remedies. This article reanalyzes documented qualitative material on Muslim families in Tomohon, North Sulawesi, and Tana Toraja, South Sulawesi, generated between January and June 2022 from interviews, observation, and documentation with twenty purposively selected informants. Without claiming new fieldwork, the article reassesses three arenas recorded in the corpus: marriage payments and extended-family participation, kinship-based inheritance arrangements, and mediation by religious and customary authorities. The findings show that mahr in Tomohon carries symbolic and relational significance, while marriage-related transfers and inheritance practices in Tana Toraja emphasize inter-family ties, collective welfare, and consultation with local authorities; however, the evidence does not establish how property is controlled, how dissent is handled, or how remedies are accessed. Drawing on legal pluralism, Islamic family-law doctrine, and relational legal consciousness, it proposes a rights-accountable accommodation framework of material and religious entitlements, cultural recognition, administrative recognition, and procedural accountability. Social harmony contributes to family justice only when solidarity clarifies rights, preserves informed consent, and remains connected to accessible remedies.

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Journal Info

Abbrev

almujtahid

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al-Mujtahid: Journal of Islamic Family Law mainly focuses on Islamic Family Law and Islamic Law. with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, and is intended to communicate the original researches and current issues on the subject. ...