Legal Pluralism in the Institution of Marriage

The Intersection of Islamic and Customary Norms in Regulating Marriage and Property in North Toraja

Abstract

The phenomenon of legal pluralism in Indonesia reflects the coexistence of various normative systems—state law, Islamic law, and customary law—within the same legal space. In North Toraja, where indigenous traditions remain strong, Muslim communities experience a complex interplay between Islamic norms and Torajan customary laws in regulating marriage and wealth. This study explores how these legal systems intersect, diverge, and are harmonized in practice. This research employed a socio-legal approach using qualitative descriptive methods. Data were collected through field observations, in-depth interviews with community leaders (including traditional and religious authorities), married couples, and legal practitioners, as well as document analysis of marriage records and customary law texts. Data were analyzed thematically to uncover patterns of normative negotiation and hybrid legal practices. The findings indicate that while Islamic law guides the formal structure of marriage, such as the akad and dowry requirements, customary norms significantly influence the legitimacy, ceremonial obligations, and inheritance arrangements. In practice, Muslim communities in North Toraja often integrate both systems to maintain social cohesion. In cases of conflict—particularly regarding marital property—informal negotiations grounded in adat are prioritized, while Islamic legal principles are selectively invoked when interfacing with formal state institutions. This study highlights the local community’s adaptive strategies in navigating legal plurality. The dynamic interplay between Islamic and customary norms produces a hybrid legal culture that does not fully reject nor wholly adopt either system. The research contributes new insights into legal syncretism and the pragmatism of local actors in maintaining legal and cultural coherence. These findings underscore the importance of recognizing and incorporating plural legal realities in policymaking and legal reform.