A Socio-Economic Security Model Based on Local Wisdom: A Case Study of Gala in Aceh from the Perspective of Legal Pluralism

Abstrak

This study examines the practice of gala (customary pawn) in Acehnese society within the framework of legal pluralism and Islamic law. The problems discussed in this study lie in the normative and practical deviations of gala, particularly the lack of legal certainty, the imbalance of rights and obligations between the parties, and its potential inconsistency with the principles of justice and maqāṣid al-sharī‘ah. Therefore, this study poses the following research questions: (1) how is gala practiced in Acehnese society; (2) to what extent is the current practice in line with the principles of justice and Islamic law; and (3) how can gala be reconstructed into a just and sharia-compliant legal model. This study uses a normative juridical method, analyzed with the theory of maqāṣid al-sharī‘ah and legal pluralism. The findings indicate that although gala functions as a socio-economic security mechanism rooted in customary values, its current implementation often results in disproportionate benefits for creditors, a lack of contract clarity, and potential elements of unjust enrichment. This situation demonstrates a discrepancy with the principles of justice and the objectives of Islamic law, particularly the protection of property (ḥifẓ al-māl). Therefore, this study proposes a reconstructed gala model based on formalized agreements, proportional profit sharing, time limits, and the integration of Sharia-compliant contracts such as musharakah and ijarah. This model aims to ensure legal certainty, justice, and alignment with Islamic law standards.

Kata kunci

• Gala
• socio-economic security
• customary law
• maqāṣid al-sharī‘ah
• legal pluralism
• Islamic law