Law Development Journal ISSN : 2747-2604 Volume 3 Issue 1, March 2021, (61 – 70) Comparative Analysis of Legal Winning Between Islamic Law & Traditional Law (Muhammad Luthfi) 61 Comparative Analysis of Legal Winning Between Islamic Law & Traditional Law Muhammad Luthfi *) and Lathifah Hanim **) *) Student of Master of Law, Faculty of Law, Universitas Islam Sultan Agung Semarang, E-mail: lutvi.ayoze@gmail.com **) Faculty of Law Universitas Islam Sultan Agung Abstract. The purpose of this research is to find out about the application and things related to it, To know the views of Islamic law on marriage, and to find out the views of customary law in Kutuk Village, Undaan District, Kudus Regency about marriage. The research approach method used was sociological juridical. Writing specifications are descriptive analysis, sources and types of data used primary and secondary data. Data collection methods by interview, library research, and using qualitative data analysis methods. The conclusions of this study are: The marriage according to Islamic law is carried out very Islamic and really hopes for the pleasure of Allah SWT without being based on material. Meanwhile, the wedding according to customary law in Kutuk Village, Undaan Subdistrict, Kudus Regency is very close to the Kejawen area of Pati Regency and seems to smell of material existence. The material problem there really determines whether or not a proposal is accepted. Keywords: Marriage; Islamic Law; Customary Law. 1. Introduction Marriage should not be arbitrary, so that the family we aspire to be beautiful, it is necessary to have careful preparation in selecting a partner. Marriage, which is generally for life, requires careful preparation to prepare it, including carefulness in choosing a potential partner. Compatibility becomes necessary to remember to anticipate how to improve the lack of a partner later, for example. Some calculations and considerations for choosing are needed by using the rules that have been determined in regulating life or commonly said by law. 1 One way of selecting potential partners is by dating. However, keep in mind that Islam does not recognize the term dating and is more about Ta’aruf (acquaintance). 2 Getting to know the opposite sex does not only involve two people, but also through a more respectful way by involving each other's families in a respectful way too. In this way, it is possible to have security for all parties in smoothing the common mission of continuing to the next stage of marriage. So the acquaintance of getting to know each other is not only between two people but can thoroughly get to know each other between families. Generally, requests are carried out by men. This does not rule out the women who do it. Traditionally, it was men who knocked on the doors of the 1 Muhammad Maulana Firdaus, Studi Perbandingan Alasan Penghapusan Pidana Menurut Kitab Undang-Undang Hukum Pidana (KUHP) dan Hukum Pidana Islam dalam Rangka Pembaharuan Hukum Pidana Nasional, Jurnal Hukum Unissula, Vo. 36, No. 2, 2020, p. 75. 2 Leylana Hana, Taaruf Proses Perjodohan Sesuai Syari Islam, PT Elex Media Komputindo, Jakarta, 2012, p. 3.