Tradition Beyond Formal Fiqh: Ethnic Perspectives on Negotiating Kafāʾah in Marriage within the Aceh Singkil Community

Abstract

The emphasis on customary law within the Aceh Singkil community, alongside the application of fiqh (Islamic jurisprudence) in religious practices, raises important questions regarding the formation of legal realities in practice. This article explores the social considerations underlying legal practices, focusing on the role of ethnic identity within the Aceh Singkil community. The study employs a qualitative methodology to achieve this objective, utilizing in-depth interviews and document analysis as data collection techniques. The data are analyzed through a structural functional sociological approach, conceptualizing legal practice as a social phenomenon. The findings reveal that ethnic-based collective consciousness significantly influences the community’s tendency to prioritize customary law over formal fiqh rulings when determining kafāʾah (equality) criteria in marriage. This emphasis is evident in applying economic and occupational standards, the prohibition of intra-clan marriage, and the disregard for the religious status of a partner’s parents. These standards are shaped by concerns for individual rights, the preservation of ancestral heritage, and the promotion of social harmony as part of a broader nation-building initiative. Nevertheless, the Aceh Singkil community continues to uphold fiqh norms, particularly the requirement that both spouses share the same religion, demonstrating that Islamic law remains an integral part of the collective consciousness, operating alongside customary norms. These findings affirm that the implementation of law within ethnic communities is grounded in a collective consciousness—shaped by both religious and customary elements— which serves as a foundation for constructing and sustaining social solidarity.