A Study of Fiqh al-Munakahat within the Context of the Nasat Tradition in Pulau Sangkar Village

Abstract

Although the Nasat tradition continues to shape marriage practices within the Muslim community of Pulau Sangkar Village, it has received limited scholarly attention in Islamic family law and socio-legal studies. This study aims to examine the implementation of the Nasat tradition, analyze its position within the framework of fiqh al-munakahat and the concept of ‘urf, and evaluate its relevance from the perspective of maqāṣid al-sharī‘ah. This study employed a qualitative socio-legal design involving 46 participants selected through purposive sampling, including customary leaders, religious leaders, village officials, married individuals, youth representatives, and community members. Data were collected through observation, semi-structured interviews, and documentary analysis and were analyzed using thematic analysis based on the interactive model of data reduction, data display, and conclusion drawing. The findings reveal that the Nasat tradition is implemented through three main stages: family deliberation, interfamily meetings, and agreements concerning marriage arrangements. The tradition is widely perceived as a symbol of respect, commitment, and kinship, while also serving important social functions, including maintaining family harmony, strengthening interfamily relationships, and preserving cultural identity. From the perspective of fiqh al-munakahat, Nasat functions as a preparatory process comparable to khitbah and does not affect the validity of marriage. It also fulfills the characteristics of a recognized custom (‘urf ṣaḥīḥ) and contributes to the realization of maqāṣid al-sharī‘ah, particularly lineage preservation, family welfare, and social cohesion. This study concludes that the Nasat tradition serves as a bridge between Islamic law and local custom. Its contribution lies in extending Islamic family law discourse and socio-legal scholarship by demonstrating how local marital traditions can operate within the normative boundaries of Islamic legal principles.