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PERNIKAHAN DINI AKIBAT MERARIQ: STUDI PRAKTIK PERNIKAHAN ADAT MASYARAKAT SUKU SASAK KECAMATAN JONGGAT
The merariq tradition, as part of the marital customs of the Sasak indigenous community in Lombok, embodies strong social and cultural values. However, in practice, merariq is not always implemented in accordance with its ideal normative foundations and, under certain conditions, becomes one of the factors contributing to child marriage (merariq kodeq), particularly when conducted without adequate age, psychological, and social readiness of the prospective spouses. This phenomenon raises legal and social concerns, especially regarding child protection and the alignment between customary law, Islamic law, and positive law, including the marriage dispensation mechanism normatively provided by the state. This study aims to analyze the practice of child marriage resulting from the merariq tradition and to examine the implementation of marriage dispensation within the Sasak indigenous community in Jonggat District, Central Lombok, from the perspectives of Islamic law and positive law. This research employs a normative-empirical approach with qualitative methods. Data were collected through interviews with couples who married at an early age, customary leaders, religious figures, and community members, and were supported by document analysis and relevant statutory regulations. The analytical framework applies Jasser Auda’s maqāṣid al-sharī‘ah systems theory to assess the achievement of Islamic legal objectives, and Max Weber’s theory of social action to analyze the motives and orientations of social action underlying child marriage practices associated with merariq. The findings indicate that the merariq tradition does not inherently promote child marriage; rather, partial community understanding, social pressure, and economic and educational factors constitute the primary triggers of the practice. With regard to marriage dispensation, it is rarely pursued in practice due to social constraints, administrative barriers, and limited comprehensive legal awareness. Furthermore, child marriage practices resulting from merariq kodeq have not fully fulfilled the objectives of maqāṣid al-sharī‘ah from Jasser Auda’s systems perspective, as they tend to prioritize individual interests and short-term social legitimacy over child protection and public welfare. From the perspective of Max Weber’s theory of social action, this phenomenon represents an intersection of traditional, affective, and rational actions that form the social and moral foundations of merariq kodeq, thus requiring a critical and contextual interpretation without attributing blame to customary traditions.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERNIKAHAN DINI AKIBAT MERARIQ: STUDI PRAKTIK PERNIKAHAN ADAT MASYARAKAT SUKU SASAK KECAMATAN JONGGAT (Text)
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368.810 202 6 Pernikahan Dini - Aspek hukum