HAIJURAN DALAM ADAT BATAK ANGKOLA: HARTA BERSAMA, PENGEMBALIAN MAHAR, DAN HAK ASUH ANAK DALAM PERSPEKTIF HUKUM KELUARGA ISLAM

(STUDI KASUS DESA RONDAMAN LOMBANG)

Abstract

This study aims to analyze the practice of Haijuran and its legal consequences, as well as to examine its compatibility with the principles of Islamic family law. This research employs an empirical legal method with a socio-legal (socio-juridical) approach, connecting living customary legal practices within the community with the norms of Islamic family law. The empirical data, consisting of the practice of Haijuran settlement and three divorce cases identified in Rondaman Lombang Village, were obtained through interviews with customary leaders and supported by documentation and library research involving the Compilation of Islamic Law, books, and relevant scholarly articles. The data were analyzed qualitatively by comparing customary practices with the provisions of Islamic family law. The results show that Haijuran is resolved through customary deliberation involving the elements of Dalihan Na Tolu. The findings indicate that the customary deliberation mechanism may be accepted as a form of dispute resolution embodying the principle of maslahah (public benefit) and may be categorized as ‘urf sahih (valid customary practice). However, the legal consequences involving the control of all marital property by the husband and the automatic return of the dowry to the husband are not entirely consistent with the principles of justice, protection of property rights, and the provisions of the Compilation of Islamic Law. Accordingly, the contribution of this study lies in mapping the boundaries of compatibility between the Haijuran settlement mechanism as a customary legal practice and its legal consequences from the perspective of Islamic family law, thereby demonstrating the need to harmonize customary values with principles protecting the rights of the parties.