Taik Sangka in Gayo Customary Law: The Urf Approach and Its Implications

Abstract

Ideally, customary law is applied to maintain social and cultural balance within society and to ensure justice and harmony among its members. However, in reality, the implementation of customary law often faces challenges, especially when dealing with controversial practices such as ‘Taik Sangka’ in the Gayo culture of East Aceh. This study employs a qualitative method with a descriptive-analytical approach. Data were collected through in-depth interviews with traditional leaders, religious scholars, and individuals who have been involved in Taik Sangka cases. Additionally, this research examines customary law documents and literature related to Urf in Islamic law. The findings show that although Taik Sangka is viewed negatively by the majority of the Gayo community, there are efforts to align this practice with customary values and Islamic law through the Urf approach. This approach allows for a more flexible and contextual understanding of elopement, as well as creating opportunities for more inclusive and equitable conflict resolution. The implications of this approach include changing societal perceptions of Taik Sangka, enhancing the understanding of the importance of maintaining a balance between customary and Islamic law, and the potential development of more effective and fair dispute resolution mechanisms. This study hopes to make a positive contribution to the development of Gayo customary law and the application of the Urf concept in a local cultural context.