Bureaucratic Contestation in the Resolution of Divorce Cases Among the Muslim Community in Langsa City, Aceh

The issue of divorce in Aceh is multifaceted, encompassing the interplay between customary law and the Sharia Court in resolving family disputes. While Indonesian national law governs divorce through formal judicial proceedings, many in Aceh opt for settling divorces through customary institutions aligned with Islamic values. This study aims to examine the role of these customary institutions in divorce resolution within Langsa City, Aceh, and to explore the factors influencing the community's choice of either customary law, the Sharia Court, or both. The research adopts a juridical-empirical approach with a legal pluralism framework, combining an analysis of formal legal structures with the practical legal realities in local communities. Data was collected through in-depth interviews with local residents, religious figures, and leaders of customary institutions in Langsa. The results reveal a clear tension between customary practices and the national legal system in divorce matters, with a significant portion of the population preferring customary procedures due to their accessibility and greater social acceptance. However, such customary decisions lack formal legal recognition, leading to uncertainty regarding the post-divorce rights of women and children. This study offers valuable insights into the evolving divorce practices in Aceh, shedding light on the intersection of customary law, Sharia law, and national legislation. It also suggests that greater integration of these legal systems is necessary to ensure a more just and transparent process for divorce resolution in the region.

Authors

Institutions

Publication Details

Journal
Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan
Published
2025-06-06
DOI
https://doi.org/10.32505/qadha.v12i1.11056
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Bureaucratic Contestation in the Resolution of Divorce Cases Among the Muslim Community in Langsa City, Aceh

Muhammad Syukri Albani Nasution, Muhazir Muhazir, Arifuddin Muda Harahap
Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan
Marriage and Family Dynamics
article

Bureaucratic Contestation in the Resolution of Divorce Cases Among the Muslim Community in Langsa City, Aceh

Muhammad Syukri Albani Nasution, Muhazir Muhazir, Arifuddin Muda Harahap
article en

Abstract

The issue of divorce in Aceh is multifaceted, encompassing the interplay between customary law and the Sharia Court in resolving family disputes. While Indonesian national law governs divorce through formal judicial proceedings, many in Aceh opt for settling divorces through customary institutions aligned with Islamic values. This study aims to examine the role of these customary institutions in divorce resolution within Langsa City, Aceh, and to explore the factors influencing the community's choice of either customary law, the Sharia Court, or both. The research adopts a juridical-empirical approach with a legal pluralism framework, combining an analysis of formal legal structures with the practical legal realities in local communities. Data was collected through in-depth interviews with local residents, religious figures, and leaders of customary institutions in Langsa. The results reveal a clear tension between customary practices and the national legal system in divorce matters, with a significant portion of the population preferring customary procedures due to their accessibility and greater social acceptance. However, such customary decisions lack formal legal recognition, leading to uncertainty regarding the post-divorce rights of women and children. This study offers valuable insights into the evolving divorce practices in Aceh, shedding light on the intersection of customary law, Sharia law, and national legislation. It also suggests that greater integration of these legal systems is necessary to ensure a more just and transparent process for divorce resolution in the region.

Al-Qadha Jurnal Hukum Islam dan Perundang-UndanganVol. 12(1)
Universitas Islam Negeri Sumatera Utara (ID)
Openalex Percentile: Top 83%
Marriage and Family Dynamics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Bureaucratic Contestation in the Resolution of Divorce Cases Among the Muslim Community in Langsa City, Aceh — Muhammad Syukri Albani Nasution, Muhazir Muhazir, et al. · Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan (2025) | TGRS Research Map | TGRS