Oral Contracts and Legal Certainty in Malleleng under al-ʿĀdah al-Muḥakkamah

Abstract

Shocking Line: Oral agreements sustain traditional agricultural cooperation, yet their reliance on trust and unwritten obligations raises critical questions about contractual validity, legal certainty, and dispute resolution. Purpose of the study: This study examines the formation, implementation, and dispute resolution of oral agreements within the malleleng tradition in Kolaka, Indonesia, and evaluates their validity through Islamic contract theory (naẓariyyat al-ʿaqd) and the legal maxim al-ʿĀdah al-Muḥakkamah. Methods: Employing descriptive qualitative field research, data were collected through interviews with five purposively selected informants, observations, and documentation in Tolowe Ponre Waru Village. Data were analyzed through reduction, display, and conclusion drawing, supported by triangulation and normative assessment based on Islamic contractual requirements and customary legal principles. Findings and discussion: The findings reveal that malleleng agreements are established through oral consent, sustained by interpersonal trust, and resolved through customary deliberation. Although these arrangements may satisfy Islamic contractual requirements, undocumented obligations generate evidentiary uncertainty when disputes arise. Customary recognition supports their legitimacy but cannot substitute for contractual clarity, demonstrating the distinction between substantive validity and evidentiary reliability. Implication and Contribution: The study proposes an integrated framework connecting contractual validity, customary normative legitimacy, and evidentiary certainty. It contributes empirical insights into trust-based agricultural cooperation and demonstrates the value of integrating qualitative inquiry with Islamic legal analysis. Practically, simplified documentation may strengthen contractual protection without undermining customary autonomy, social trust, or mutual assistance. Keywords: Al-ʿĀdah al-Muḥakkamah; Malleleng; Islamic Contract Law; Legal Certainty; Oral Agreements.