Cultural Resilience and Marital Dispute Resolution Through Saudara Kawin in Maluku

Abstract

This study aims to evaluate the urgency, prospects, and Islamic legal perspectives on the tradition of Saudara Kawin as fictitious relatives in Central Maluku. The high divorce rate in Indonesia has exacerbated the vulnerability of modern family institutions. The study employed a descriptive qualitative approach with a field case study in the Salahutu and Leihitu areas of Central Maluku. All data were collected directly through observation, in-depth interviews, and document studies of primary and secondary data. The study results clearly demonstrate that the Saudara Kawin tradition, known locally as le-uma, leku wali, reuma, or sau, effectively revitalizes nearly forgotten distant kinship relationships. This fictitious customary actor functions as an embedded mediator with the moral authority to resolve domestic conflicts outside the courts. The customary rights and obligations binding the parties are lifelong, transgenerational, and involve reciprocal material assistance through the masohi instrument. From an Islamic legal perspective, this customary practice is considered authentic because it is proven to bring domestic benefits and does not conflict with sharia, even exceeding the concept of hakamain. In conclusion, this tradition possesses strong cultural resilience in maintaining family peace and stability against the impacts of modernization. It is recommended that family resilience counseling institutions incorporate local fictitious kinship structures into their contemporary marital conflict resolution mediation programs.