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From Tradition to Rationality

Aug 2026 · El-Usrah : Jurnal Hukum Keluarga · Vol 9, pp. 684-716 · 0 citations · 38 references

Abstract

This study aims to analyze the social construction of dowry (tuor) in the Mandailing-Angkola traditional marriage in Padang Lawas Regency, North Sumatra Province, as well as examine its practice from the perspective of Maqāṣid al-Sharī'ah Jasser Auda. This study uses a qualitative method with a normative-sociological approach, combining the study of Islamic law with the observation of customary practices believed by the community, primary data was obtained through in-depth interviews with traditional leaders, religious leaders, and the Padang Lawas community, while secondary data came from relevant literature and documents. The results of the study show that the practice of dowry in the Mandailing-Angkola custom in Padang Lawas Regency, North Sumatra, still maintains traditional values, but there is a shift in meaning due to contemporary social and economic pressures. Maqāṣid al-Sharī'ah Jasser Auda's perspective emphasizes the importance of simplicity, justice, and moral responsibility, thus encouraging the reinterpretation of dowry practices to be in harmony with the principles of Islamic law without eliminating cultural values. From a theoretical perspective, the practice of dowry can be analyzed through six characteristics of the system according to Auda: cognition (cognitive nature of system), which emphasizes socially accepted understanding and meaning; wholeness, where dowry is an integral part of the institution of marriage; openness, which allows adaptation to social and economic changes; interrelated hierarchy, emphasizing the relationship between dowry and family structures and customs; multidimensionality, including social, moral, and religious aspects; and purposefulness, which is the orientation of dowry practices on the achievement of benefits (maslahah) and the prevention of harm (mafsadah). With this framework, dowry is not only understood as a formal obligation or material symbol, but also as a social, moral, and religious instrument that affirms family harmony, marital legitimacy, and social responsibility in the Padang Lawas society, so that it remains relevant, adaptive, and just.

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