MEASURING BETWEEN TRADITION, LAW, AND MASLAHAT VALUE:: An Ideal Solution For Divorce Settlement In Mandailing Natal Society
Year: 2025
Type: article
Abstract: This research analyzes the dynamics of divorce in Mandailing Natal society by focusing on the interaction between customary traditions, positive law, and the principle of maslahat in Islamic law. Divorce in Mandailing Natal Regency is not only a legal matter, but also a social phenomenon rooted in customary values and religious teachings, with significant impacts on women, children, and social balance. The research used a descriptive-analytical qualitative method through interviews, observation, and literature study. The results show that the majority of divorces are filed by the wife with causal factors including economic problems, household disharmony, infidelity, and domestic violence. Although customary deliberation traditions such as marpokat/martahi are still practiced, the legal awareness of the community to pursue official procedures through the Religious Court is still low, often causing legal harm to women and children. The maslahat approach, which prioritizes benefit and prevents harm, is the ideal solution in resolving divorce, by balancing aspects of state law, Islamic law, and local wisdom. The research recommends strengthening legal awareness, optimizing the role of customary deliberation, and protecting post-divorce rights for women and children as steps towards a more just and humane divorce settlement system.
DOI: 10.22373/177j1g12
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7128804015