NEGOSIASI ADAT DAN HUKUM DALAM TRADISI NGALOR-NGULON PADA TAHAP PRA-PERNIKAHAN: STUDI DI KECAMATAN DONOMULYO KABUPATEN MALANG

Abstract

Customary traditions continue to influence marriage practices in many Indonesian communities, including the ngalor-ngulon tradition in Donomulyo District, Malang Regency. Previous studies have mainly discussed customary marriage traditions from the perspective of Islamic law, while limited attention has been given to the interaction between customary authority, family considerations, and legal perspectives in premarital decision-making. This study aims to analyze the practice of the ngalor-ngulon tradition, its influence on marriage decisions, and its position from the perspectives of 'urf, tiyarah, and the Compilation of Islamic Law (KHI). This research employed a qualitative approach with an empirical legal research design. Data were collected through observation, interviews, and documentation involving religious leaders, community leaders, customary practitioners, and community members, and were analyzed using data reduction, data display, and conclusion drawing.

The findings show that ngalor-ngulon functions as a living customary practice involving the determination of residential orientation by traditional elders and the application of customary rituals when the perceived prohibition occurs. The study also reveals that the tradition is not always the primary reason for marriage cancellation. In several cases, it serves as a socially acceptable justification for underlying issues such as economic concerns, lack of parental approval, and family conflicts. From the perspective of Islamic law, the tradition may be regarded as ‘urf provided it is not believed to determine human destiny, while the Compilation of Islamic Law does not recognize residential orientation as a legal requirement or prohibition for marriage.

Keywords: ngalor-ngulon tradition; customary law; premarital marriage; ‘urf; Compilation of Islamic Law.