Abstract
The implementation of sharia in business and economy makes great progress, however, in society, there are many doubts, such as in marriages. Globalization and the internet have produced a disruptive context where past habits and knowledge changed dramatically. This article shows the disruptive context, by using critics of society as a concept and use women and marriage as a case. The arguments are marriage is a local context, as well as global, the mobility of people, have made marriage accessible from people of different religions, and nationalities, however, the registering is problematic. The research uses ‘controversial’ marriage in terms of religiosity, on sirri marriage, its bat (registered marriage), contracted marriage, and marriage between people with different religions. All of these cases are ’controversial due to ineligibility to register that should be based on one religion and cases of people who resist the registering. This qualitative research finds out that marriage is a long-lasting debate and discourses that continues until now, the government has made that registering the marriage is an obligation after the marriage process in front of the religion. Marriage has changed from societal norms, a specific ritual with many symbols, to civil rights and duties. Only people with such a legitimate marriage process can claims protection under the law. Those who support polygamy, child marriage and sirri, use religious arguments, neglecting women's and children's interests. The result shows women as unprotected citizens due to polygamy, child marriage, and marriage between people with different religions. This is an agenda for the discourse of Sharia in the state and societal level that should be able to produce justice and belongings, to all citizens.
Highlights
The article1 uses a general understanding of Shariah, like norms, rules based on Islamic principles [1]
There are three types of sharia definition, first, as formal or rasmiah, which discussed the problem in terms of law and the different systems that have been living such as national law and Islamic law, we still have adat Law
The discussion is about the legitimate authority in marriage, it is supported by several institutions such as the office of marriage, office to population administration, the Religious Court
Summary
The article uses a general understanding of Shariah, like norms, rules based on Islamic principles [1]. In this term, shariah has a dynamic instead of static meaning, it shows variation instead of monolithic. This article uses research on the meaning of the everyday life of shariah in marriage, the basic oath of a treaty. We use common tern such as controversial marriage to show a gap at the societal level This is a different side of the discourse over shariah that usually in terms of law, politics, popularity, economy, and religious court [8] [9]. In Indonesia’s context, it becomes a controversial issue due to the normative male interest and legitimacy
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