Madurese Tangkeppan Customary Law in The Relationship between Islamic Law and National Law: An Analysis of Customary Law Reception Theory

Abstract

This study analyzes the tangkeppan customary practice of the Madurese community in its relationship with Islamic law and national law through the theory of legal reception. Tangkeppan refers to the practice of apprehending unmarried men and women suspected of engaging in conduct considered to be approaching zina (illicit sexual relations), which in certain circumstances may result in marriage being encouraged or compelled by their families and the community. This practice is rooted in the community’s moral and religious values, particularly the prevention of conduct perceived as approaching zina and the protection of family honor (hifẓ al-‘ird). However, its implementation raises legal concerns when the resolution disregards consent (riḍā), justice, public benefit (maṣlaḥah), and individual freedom. This study employs normative legal research using statutory, conceptual, and historical approaches through library research involving primary and secondary legal materials. The analysis is conducted descriptively and analytically by applying three theories of legal reception sequentially. Receptio in Complexu is used to identify Islamic legal values internalized within the tangkeppan customary practice. Receptie is employed to analyze the formation and manifestation of these values through community norms and social mechanisms. Subsequently, Receptie a Contrario is used to examine the limits of the applicability of the customary mechanism based on its conformity with Islamic law. The findings indicate that tangkeppan embodies values of preventing immoral conduct and protecting honor, which may be understood as the internalization of Islamic values. However, the mechanism of forced marriage cannot automatically be justified on the basis of customary practice or maṣlaḥah. The practice therefore requires reconstruction to preserve its objective of moral protection without disregarding the principles of consent, justice, maṣlaḥah, and the provisions of national law.