<![CDATA[bstract
The tradition of separating fraternal twins in Pagardin Village, North Bengkulu. The main issue examined in this research is how the practice of separation of custody, or hadhanah, applies to fraternal twins in the local community, and how the theory of urf in Islamic law relates to this tradition. This study was field research using a qualitative approach. Data were collected through in-depth interviews with traditional leaders, community members who experienced the event, and religious leaders, and then analyzed descriptively and inductively. The results indicate that the people of Pagardin Village have a tradition of requiring separation of custody, where one child is cared for by the biological parents, while the other is entrusted to and raised by a close relative. This practice is based on the belief that living together will result in a calamity, such as death or serious illness, for one of the children, known as alak maalak. From the perspective of urf theory, this tradition is categorized as urf khas because it only occurs in certain regions. However, based on the requirements for valid urf, this tradition is classified as urf fasid, or an incorrect custom. This is because such separation contradicts the basic principle of hadhanah in Islam, which obliges parents to care for and raise their own children, and severing the bonds of affection and the childs right to receive direct protection from their parents. Furthermore, the rationale used is based on beliefs that are not based on Islamic law and actually cause psychological harm to the child, making it unjustifiable and cannot be used as a legal basis in Islam.
.]]>
Copyrights © 2026
