Maqasid Forum
Vol. 1 No. 1 (2026): March 2026

Kewajiban Walimatul 'Ursy bagi Pasangan Suami Istri Sebelum Tinggal Serumah di Nagari Abai Siat Perspektif Maslahah

Vito Alim Maulana (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Elkhairati Elkhairati (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)



Article Info

Publish Date
04 Mar 2026

Abstract

This study examines the tradition of compulsory walimatul 'ursy prior to cohabitation among the Muslim community in Nagari Abai Siat, Dharmasraya Regency, and evaluates it through the lens of maslahah (public interest) in Islamic law. The research is underpinned by the local customary norm that strictly restricts legally married couples from living together before hosting the wedding feast, raising questions regarding its alignment with Islamic jurisprudential flexibility. This study aims to analyze the practical implementation of this custom, investigate the underlying socio-cultural factors influencing its preservation, and determine its compatibility with Islamic legal principles. Employing a qualitative field research method with empirical-sociological and normative legal approaches, data were gathered through observations, documentation, and interviews with custom leaders (niniak mamak), religious figures, and local authorities, analyzed descriptively via data reduction and drawing conclusions. The findings reveal that while the community upholds the tradition to preserve family honor, secure social recognition, and prevent social stigma, Islamic law positions walimah as a highly recommended sunnah rather than a legal prerequisite for marriage. Thus, this tradition carries social benefit (maslahah) but must be enforced proportionally without imposing financial hardship on the couple. This study contributes to the development of Islamic family law literature by offering a contextual framework for integrating local customary law ('urf) with contemporary maqasid al-shariah principles, fostering a balanced approach between cultural preservation and legal ease.

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Journal Info

Abbrev

maqasidforum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The ...