BESEANG (CUSTOMARY DIVORCE) IN SASAK SOCIETY FROM THE PERSPECTIVE OF MAQASID AL-SHARIAH

• Published in: Malaysian Journal of Syariah and Law
• Main Author: Azhari D.; Nasution K.; Asmuni; Hadigunawan N.
• Format: Article
• Language: English
• Published: Faculty of Syariah and Law, Islamic Science University of Malaysia (USIM) 2024
• Online Access: https://www.scopus.com/inward/record.uri?eid=2-s2.0-85215110958&doi=10.33102%2fmjsl.vol12no3.932&partnerID=40&md5=cc60b6f626eb7534703ab33040c22371

This study is primarily focused on "adat beseang" (customary divorce) as it is known among the Sasak people. The study highlights the intricacy of Sasak divorce customs, which are deeply ingrained in inherited customs and deeply held regional beliefs. This study examines the compatibility of Islamic principles and customary law practices using maqasid al-shariah as an evaluation framework. Findings indicate conflicts between maqasid al-shariah principles and customary law, despite the fact that customary law is crucial to divorce agreements. An incisive viewpoint for assessing customary law practices is provided by a critical grasp of justice, social welfare, and the defense of individual rights in maqasid al-shariah. Analysis of customary law viewpoints with maqasid al-shariah review confirms the necessity of balancing local customs and universal Islamic values in resolving conflicts, especially divorce, within the Sasak tribe and provides insights into the dynamics of divorce in this context. This article contributes to the ongoing discourse on the intersection of Islamic law and customary legal practises, particularly in regions where traditional customs remain influential. It provides a critical analysis of the need for reform in customary law to bring it in line with the principles of justice and equality enshrined in Islamic teachings. Furthermore, it emphasises the importance of examining the role of gender in these customs and calls for a more inclusive and equitable approach to marriage dissolution practises. © The authors (2024).