Dialektika Sosiologi Hukum terhadap Pantangan Menikah di Bulan Molod (Rabiul Awal) pada Masyarakat Kacongan Sumenep Madura

Abstract

Marriage during the month of Molod (Rabiul Awal) is consistently avoided by the majority of the Kacongan community in Sumenep, Madura, despite the absence of explicit Islamic sharia prohibitions. This study examines how these taboos are formed as social realities, maintained as living law, and dialectically conflict with normative Islamic law. The research method used is qualitative with a sociological legal approach and field research, through observation, interviews, and documentation, supplemented by marriage statistics at the Religious Affairs Office (KUA) in Sumenep City District from 2023–2025. The findings indicate that the taboos are formed through historical-religious narratives, myths, and the Javanese-Madurese primbon knowledge system. Public perceptions are diverse; traditional leaders support them culturally and empirically, religious leaders reject them theologically and normatively, while the general public tends to comply pragmatically. KUA data confirms that the marriage rate in the month of Molod (Rabiul Awal) is consistently below 4% compared to the month of Dzulhijjah, which reaches more than 20% annually. Analyzed through the theory of the Social Construction of Reality by Peter L. Berger and Thomas Luckmann and the concept of Living Law by Eugen Ehrlich, these taboos constitute a socially constructed and binding legal reality outside the formal legal system. The dialectic between customary living law and Islamic law occurs in a real conflict. However, this conflict does not become an open conflict between communities, but rather a dynamic dialectic in which the two normative systems confront each other without either completely displacing the other.