Menikahi Dua Perempuan Bersaudari Kandung Perspektif Hukum Adat Dan Hukum Islam (Studi Kasus Di Desa Wasolangka, Kecamatan Parigi, Kabupaten Muna)

Abstract

This study aims to analyze the practice of marrying two biological sisters in Wasolangka Village, Parigi District, Muna Regency, from the perspectives of customary law and Islamic law, as well as to examine the relationship between the two legal systems in responding to this practice. This research is a field study (field research) using empirical juridical and normative juridical approaches. Primary data were obtained through interviews with the individuals involved, traditional leaders, community leaders, village officials, and related parties, while secondary data were obtained from the Qur’an, hadith, Islamic jurisprudence books, laws and regulations, and relevant scientific literature. The data were analyzed qualitatively through the stages of data reduction, data presentation, and conclusion drawing.The results of the study show that the practice of marrying two biological sisters in Wasolangka Village occurred around 1970 and was influenced by the strong position of customary law, limited community understanding of Islamic law, social pressure to maintain family honor, and the ineffective marriage registration system at that time. From the perspective of customary law, the practice was basically not justified because it had the potential to create conflicts within family relationships; however, its resolution was carried out through customary deliberation as an effort to maintain social balance and harmony. Meanwhile, Islamic law explicitly prohibits the practice of al-jam‘u bayna al-ukhtayn based on QS. al-Nisā’/4:23, the Prophet’s hadith, and the consensus (ijma') of Islamic scholars, meaning that such practice has no legal basis in Islamic law. The relationship between customary law and Islamic law in this practice indicates that customary law was more dominant in resolving social conflicts at that time, while Islamic law functioned as a norm that provided limitations on marriage practices. Along with increasing public understanding of Islamic teachings and the development of the national legal system, this practice is no longer found in the community.