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Vol. 5 No. 8 (2026): OPSearch American Journal of Open Research

Issue Published : Aug 1, 2026
Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Legal Pluralism in The Practice of Underage Marriage: The Interaction of State Law, Islamic Law, and Bugis Customary Law in Mattiro Sompe

https://doi.org/10.58811/opsearch.v5i8.299
Subhan Subhan
Institut Agama Islam Negeri Parepare
Rusdaya Basri
Institut Agama Islam Negeri Parepare
Zainal Said
Institut Agama Islam Negeri Parepare
Fikri Fikri
Institut Agama Islam Negeri Parepare
Saidah Saidah
Institut Agama Islam Negeri Parepare

Corresponding Author(s) : Subhan Subhan

cubusubhan1443@gmail.com

OPSearch: American Journal of Open Research, Vol. 5 No. 8 (2026): OPSearch American Journal of Open Research
Article Published : Aug 15, 2026

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Abstract

Child marriage remains a persistent legal and social issue in Indonesia despite regulatory reforms establishing a minimum legal age of marriage of 19 years under Law Number 16 of 2019. The persistence of child marriage indicates that legal compliance is shaped not only by state law but also by religious interpretations and customary norms embedded within local communities. This study aimed to analyze the interaction among state law, Islamic law, and Bugis customary law in the practice of child marriage in Mattiro Sompe District, Pinrang Regency, and to identify forms of negotiation, adaptation, and integration among these legal systems. The study employed qualitative field research using socio-legal and normative juridical approaches. Data were collected through in-depth interviews, observations, and document analysis involving religious leaders, customary leaders, government officials, and community members and were analyzed using the interactive model of Miles, Huberman, and Saldaña. The findings revealed that child marriage practices reflected a condition of legal pluralism in which state law, Islamic law, and Bugis customary law simultaneously influenced community decision-making. The interaction among these legal systems did not always generate conflict but also involved processes of negotiation and adaptation. The Bugis cultural value of siri’ could be reconstructed as a principle of responsibility for safeguarding children’s dignity and future well-being, while Islamic legal considerations could be interpreted through the objectives of Islamic law (maq??id al-shar??ah). The study concluded that effective prevention of child marriage requires dialogical integration among formal legal frameworks, Islamic legal principles, and local customary norms to strengthen legal legitimacy and ensure sustainable child protection.

Keywords

Legal Pluralism Underage Marriage Islamic Law Bugis Customs Sociology of Islamic Law

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OPSearch

American Journal of Open Research

is an international scientific journal, double-blind peer-reviewed, open acces journal published monthly by Academia Open Publisher.
ISSN : 2834-7668

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