Tradisi Mupu dalam Perspektif Hukum Islam: Studi Kasus di Desa Ngadimulyo, Temanggung

Abstract

Mupu is a traditional practice of child fostering in Javanese communities, including in Ngadimulyo Village, Kedu District, Temanggung Regency. It is often carried out for emotional and social reasons, yet without formal legal procedure, raising issues in both Islamic and national legal perspectives. This study aims to analyze the mupu tradition normatively within Islamic legal frameworks and assess its conformity with Indonesian legal provisions. The research uses a qualitative case study approach, collecting data through observation, in-depth interviews, and documentation involving mupu practitioners, religious leaders, and local officials. The findings reveal that mupu is practiced without altering lineage (nasab), but most community members are unaware of legal implications concerning inheritance rights, marriage guardianship, and administrative status. In Islamic law, the practice is permitted as a form of kafālah as long as it does not change nasab or violate religious mandates. However, the lack of legal literacy among practitioners risks breaching Islamic norms. From the standpoint of positive law, mupu does not fulfill the legal adoption procedures required by the state. The study underscores the urgency of structured legal education in local communities and calls for a contextual Islamic legal approach to bridge the gap between social practices and religious law.