Reconstructing Islamic Jurisprudence in Local Marriage Practices

The practice of jujuran (a monetary gift given before marriage approval) in Banjar society carries complex symbolic meanings encompassing cultural, juridical, and economic dimensions. This study aims to reinterpret Islamic marriage jurisprudence (fiqh) by examining jujuran as a dynamic interaction between normative Islamic legal principles and living social practices. Employing a juridical-normative approach and qualitative legal ethnography, the research explores how the Banjar community perceives the jujuran not as the commodification of women but as a symbol of respect, responsibility, and the sanctity of marital bonds—while simultaneously functioning as an Islamic ethical framework for economic redistribution. The principles of maṣlaḥah (public interest) and ‘urf (customary practice) serve as crucial bridges connecting classical fiqh texts with local realities. The findings reveal that jujuran embodies resistance to gender commodification, contributes to family economic resource redistribution, and aligns with the foundational objectives of Islamic law (maqāṣid al-sharī'ah), particularly in safeguarding lineage, wealth, and honor. This study contributes to the discourse on contextual Islamic jurisprudence by offering an interpretation rooted in Indonesian socio-cultural realities while demonstrating how customary practices like jujuran can operate as Islamic economic instruments promoting equity and justice in marriage.

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Publication Details

Journal
el-Qist Journal of Islamic Economics and Business (JIEB)
Published
2025-06-11
DOI
https://doi.org/10.15642/elqist.2025.15.1.14-31
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
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article

Reconstructing Islamic Jurisprudence in Local Marriage Practices

Nadiyah Seff, Fauziah Hayati
el-Qist Journal of Islamic Economics and Business (JIEB)
Gender and Women's Rights
article

Reconstructing Islamic Jurisprudence in Local Marriage Practices

Nadiyah Seff, Fauziah Hayati
article en

Abstract

The practice of jujuran (a monetary gift given before marriage approval) in Banjar society carries complex symbolic meanings encompassing cultural, juridical, and economic dimensions. This study aims to reinterpret Islamic marriage jurisprudence (fiqh) by examining jujuran as a dynamic interaction between normative Islamic legal principles and living social practices. Employing a juridical-normative approach and qualitative legal ethnography, the research explores how the Banjar community perceives the jujuran not as the commodification of women but as a symbol of respect, responsibility, and the sanctity of marital bonds—while simultaneously functioning as an Islamic ethical framework for economic redistribution. The principles of maṣlaḥah (public interest) and ‘urf (customary practice) serve as crucial bridges connecting classical fiqh texts with local realities. The findings reveal that jujuran embodies resistance to gender commodification, contributes to family economic resource redistribution, and aligns with the foundational objectives of Islamic law (maqāṣid al-sharī'ah), particularly in safeguarding lineage, wealth, and honor. This study contributes to the discourse on contextual Islamic jurisprudence by offering an interpretation rooted in Indonesian socio-cultural realities while demonstrating how customary practices like jujuran can operate as Islamic economic instruments promoting equity and justice in marriage.

el-Qist Journal of Islamic Economics and Business (JIEB)Vol. 15(1)
Universitas Achmad Yani (ID), Universitas Islam Negeri Antasari Banjarmasin
Gender equality
Openalex Percentile: Top 83%
Gender and Women's Rights
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