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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

The tradition of appointing a customary father is one of the marriage customs still practised by the community of Talang Pantai Village, Bungo Dani Subdistrict, Bungo Regency, Jambi Province, particularly for male newcomers who intend to marry local women. This tradition involves appointing a male member of the community as a customary father prior to the marriage ceremony. In practice, the tradition is regarded as a form of social acceptance and respect for the customs and traditions of the local community. Nevertheless, the existence of this tradition raises questions about its legal standing under both customary and Islamic law, particularly regarding the requirements for a valid marriage and the role of the marriage guardian (wali).
This study aims to examine the implementation of the tradition of appointing a customary father as a prerequisite for marriage in Talang Pantai Village, Bungo Dani Subdistrict, and to analyse the perspectives of customary law and Islamic law regarding this tradition. This research employs a field research design using a qualitative approach. Data were collected through interviews with customary leaders, religious leaders, and members of the community who had experienced the tradition of appointing a customary father, as well as through observation and documentation. The data were analysed using a descriptive-analytical method based on customary law theory and the theory of ʿurf in Islamic law.
The study finds that appointing a customary father act as a social mechanism. It helps male newcomers gain customary acceptance and a recognized social status in Talang Pantai Village. This tradition strengthens kinship ties, maintains social harmony, and encourages integration between newcomers and the local community. Under customary law, appointing a customary father is part of the living law and remains a socially binding norm. In Islamic law, however, the tradition is not among the essential pillars (arkan) or legal requirements for marriage. The tradition can be accepted if it does not conflict with Islamic law or alter marriage’s main provisions. By the theory of ʿurf, appointing a customary father counts as ʿurf ṣaḥīḥ (valid custom) because it upholds positive social values and does not oppose the Qur'an or Hadith.

79/PMH/2026

79/PMH/2026

Perpustakaan FSH Lantai 4

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