Living Law in the Practice of Family Arranged Marriage in Modern Society

Abstract

This study aims to discuss the practice of family matchmaking as a form of living law in family law that is still developing in modern society. Matchmaking is not just a cultural tradition that is passed down from generation to generation but is also a rule that is still valid and carried out in society. This rule is considered to still have certain social uses. In the current era of modernization, the meaning of matchmaking practices has changed because it is influenced by several factors, such as higher education levels, technological developments, the impact of social media, and stronger individual awareness to determine the choice of life partner independently. This research departs from the research question of how arranged marriage can still survive in the modern era. Second, how the relationship between traditional customary values, Islamic legal provisions, and state law rules interact with each other in the practice of matchmaking. In this study, the method used is a qualitative approach with a normative-sociological type of research. The research is carried out through literature studies and analysis of social phenomena that occur in society.   Based on the results of the research, it can be seen that the practice of matchmaking is still maintained by some people. This is based on the belief that arranged marriage is able to maintain family honor, strengthen kinship between families, and preserve cultural values and economic conditions of the family. However, in the context of modern society, the practice of matchmaking is beginning to change towards a more flexible form. The change begins to consider the approval of the prospective couple who will get married. The concept of living law in the practice of arranged marriage shows the dynamic relationship between tradition, Islamic law, and social development in the modern era.