TRADITIONAL AND ISLAMIC LAW NEGOTIATIONS IN THE KHITBAH PRACTICE OF THE KANAWATU VILLAGE COMMUNITY

Abstract

This study aims to analyze how the negotiation between customary law and Islamic law shapes the practice of khitbah and generates socio-religious legitimacy in the community of Kanawatu Village, Wotu Subdistrict, East Luwu Regency. The study employs a qualitative approach using a case study design and an Islamic socio-legal perspective. Primary data were obtained through in-depth interviews with religious leaders, community leaders, village officials, and community members involved in the khitbah practice, while secondary data were obtained from fiqh literature, legal documents, and previous studies. Data analysis was conducted using the Miles and Huberman interactive model through data reduction, data presentation, and drawing conclusions. The research results reveal three main findings. First, the community interprets the khitbah as both an expression of the intention to marry and a moral commitment that binds the prospective bride and groom and their families. Second, negotiations between customary law and Islamic law take place through two mechanisms: the “selection of functions,” in which customary elements such as the exchange of rings, gold, or money are retained as social symbols without being positioned as religious obligations. Meanwhile, Islamic law serves as the normative boundary for these practices, and through “mutual legitimization,” where social norms such as the obligation to remain faithful to one’s partner are justified by both customary traditions and religious teachings. Third, the practice of khitbah gains legitimacy through three layers of acceptance: social acceptance, normative acceptance, and practical acceptance.