Marriage Customs Research Articles

Tinjauan Yuridis Kawin Gantung Masyarakat Melayu Desa Dahari Indah Kecamatan Talawi Kabupaten Batu Bara

Marriage is a sacred matter, the pillars and conditions must be fulfilled. In the Indonesian context, marriage must be registered and in an orderly administration. There are other matters that are very important for the Malay community in Batu Bara Regency, when a marriage (akad nikah) takes place, while the walimatul `urs has not been carried out, the bride and groom cannot live together, the rights and obligations of each cannot be carried out until walimatul `urs urs is held, this marriage is known as the "Kawin Gantung". This study wants to analyze the kawin gantungtradition, and a juridical review of the hanging marriage custom practiced in Dahari Indah Village, Talawi District, Batu Bara Regency. This type of research is qualitative, with a juridical-empirical approach, the primary sources consist of observations and interview results as well as laws and regulations in Indonesia regarding marriage. Data collection techniques were carried out by means of observation and interviews. The results of the study found that hanging marriage practiced by the community is a tradition that has long existed, and is part of local wisdom. It is known that the custom of kawin gantung does not conflict with the laws and regulations in Indonesia, and also in the Syafi`i school of law. Kawin gantung have a noble purpose, so that young couples do not fall into adultery, so that the marriage contract is permitted beforehand, even though they are not allowed to live in the same house, and have not been burdened with household duties and obligations. The implementation of a hanging marriage must have the agreement of both partners and both parties from the partner's family, if the couple is forced and not happy, then the kawin gantung is not carried out.

Ideal Women for Who? A Comparative Study on Women in Traditional China and in Victorian Era

Although Gu Hongming is regarded as a master of western culture, he strongly supports traditional culture. And his ideas about Chinese women are surprisingly reminiscent of women in Victorian era. The author attempts to compare traditional Chinese women with those in Victorian period in terms of family life and marriage customs through close reading and literature review. Traditional Chinese women are similar to Victorian women as they preside over the home and assume domestic duties, which reflects that woman alike lived in a patriarchal society. Nevertheless, Chinese women and Victorian women differ in their roles in marriage customs. By making a comparison between traditional Chinese women and those in Victorian era, the readers can understand that women’s difficulties are deep-rooted and women today still need to fight hard towards equal rights.

The participation of indigenous community leaders in marriage based on Law No. 1 of 1974 concerning Marriage

In each region, of course, there is a diversity of customs that apply in the indigenous people of an area, one of which is regarding marriages carried out customarily. Customary marriage is an important and sacred event for indigenous peoples, to live together as husband and wife with the aim of realizing the unity of a happy and eternal home, in which there is a great responsibility not only to the integrity of their household but also to the environment, society and also God. Regarding the issue of Indonesian customary law, it is very principled because adat is one of the mirrors for the nation, adat is an identity for the nation, and identity for each region. Indonesia is a country that adheres to plurality in the field of law, where the existence of western law, religious law and customary law is recognized. This research study is juridical normative as the main approach, considering that the discussion is based on laws and legal principles that apply in customary marriage issues. The Participation of Indigenous Peoples' Leaders in Marriage Of course, the community can maintain and preserve the culture of local wisdom and the values contained therein because the birth of Law Number 1 of 1974 concerning Marriage is a law that is a manifestation of many customary laws, ethnic groups in Indonesia that have privileges, which regulate all members of society who have reached adulthood who will carry out marriage

Perlindungan Hukum oleh Pemerintah terhadap Perkawinan Masyarakat Adat

The traditional marriage of the Samin tribe in Kudus Regency shows that there are marriages that cannot be registered with the Population Administration. The researcher found that the Samin tribe in Kudus Regency could not register their marriage, thus preventing them from obtaining civil rights. The main reason is that the religious identity on the KTP is written in Islam even though basically they are not Muslims.
 This study aims to identify the factors that influence the reluctance of the Samin people to register marriages and the village government's efforts to legalize Samin people's customary marriages in the form of registering marriages without involving state officials.
 This research is a qualitative field research and the data were obtained systematically directly from the field. This research descriptively examines observation data, interview results, and documents.
 After a thorough examination, it can be concluded that the Samin tribal marriage custom is not considered legally binding in Indonesia because it does not involve a marriage registrar. However, the decision of the Constitutional Court which is identified with Number 97/PUU-XIV/2016 has provided a glimmer of hope for the Indonesian nation by allowing the inclusion of "Belief in the One and Only God" in the KTP religion column. This decision has allowed the Samin tribe to legally register their marriages with the registry, according to their customs.

Kegiatan Komunikasi Dalam Tradisi Nyawer Pada Pesta Pernikahan Adat Sunda

This study aims to describe the communication activities in the Nyawer tradition in Garut during Sundanese traditional weddings. This study discusses the communicative activities seen in communicative situations, events, and communicative behavior.
 This is a qualitative research method for ethnographic research on communication theory and symbolic interaction. The topic of his research is that some people happen when they sign the marriage contract. There are as many as traditional Sundanese, and all the reporters including 5 people. The sampling technique for the purpose of selecting information is used. The data collection techniques are in-depth interviews, non-participant observation, documentation, research, libraries and online data search. Data validity testing technology by increasing endurance, triangulation, discussions with colleagues, friends and members.
 The results showed that when the nyawer ceremony was held outside the building, the families of the bride and groom, the communication sawsman, make-up and the communication of the invited guests were involved. Communication Activities The nyawer ceremony is a special form of celebration, namely a traditional event that lasts 30 minutes and is held after the ceremony, while communication activities are traditional activities. Marriage customs and appear in the form of non-verbal behavior, including rice, turmeric, coins, flowers, candy, and areca nut.

Between Tradition and Progress: A Qualitative Exploration of Access Constraints to Higher Education for Marginalized Girls in Hargeisa, Somaliland

This research qualitatively explores the barriers, both stemming from traditional practices and contemporary challenges that hinder marginalized girls from accessing higher education in Hargeisa, Somaliland. Using purposive and snowball sampling, 22 semi-structured interviews were conducted with parents and girls intimately familiar with the issue. Findings indicate a limited number of marginalized girls in Hargeisa attain university education, with the primary obstructions being socio-economic and socio-cultural in nature. These barriers are deeply entrenched in both age-old traditions and current societal challenges. The study underscores the need for targeted interventions by governmental and tertiary institutions. Key determinants impacting higher education access include familial financial constraints, parental education and roles, type of pre-tertiary education, lack of female mentors, early marriage customs, prevalent discrimination, and scarce scholarship opportunities. Addressing these factors is pivotal for enhancing educational prospects for marginalized girls in the region.

Mangwende v Machodo: Bride price refund and the violation of women's rights in contemporary Zimbabwe

This article undertakes an analysis of a Zimbabwean High Court case, Mangwende v Machodo, on the refund of the bride price. It is ascertained in the article that the bride price is a legal requirement for customary marriages, hence constituting a significant founding culture for customary marriages. A point of contention motivating the article is, as was held in the case under discussion, that a cheating wife's bride price may be withheld by the husband who would have not paid it in full or, where it was paid up, he can be refunded in full. The gap that exists in this scenario is that, in the case of the husband cheating, the wife does not have a corresponding recourse. The one-sidedness of this custom displays a grave inequality to the prejudice of women. It is also argued that the bride price refund violates the wife's dignity. It is therefore recommended that customary law around the bride price must be developed to meet the constitutional demands of gender equality. In developing this customary law, an important factor to consider is the duration of the marriage. In a situation where a couple stayed together for a reasonable period, each party playing his or her role, it cannot be fair for the husband to be refunded. There could be scenarios where the wife cheats, soon after the bride price was paid and before the couple move in together as husband and wife, when the bride price can be refunded. Furthermore, not all bride price items are refundable and, therefore, those components of bride price that can be refunded must be clearly defined.

PATRIARCHY AND THE BILL OF RIGHTS

In this note the writer has deliberately avoided dealing with the heavily contested issues relating to the substantive rights and duties of spouses in marriages as these issues have already been dealt with in recent legislation (see s 6 of the Recognition of Customary Marriages Act 120 of 1998). This Act has incorporated some provisions of the Matrimonial Property Act (88 of 1984). The thorny issue of succession will soon be satisfactorily resolved in terms of the recommendation of the South African Law Commission.This note is about African religion and the role played by the elders in that context. In a recent decision of the Constitutional Court, religion has been defined as a means of giving content to the constitutional value of human dignity in an open and democratic society (see the judgment of Ngcobo J in Prince v President of the Law Society of the Cape of Good Hope 2002 3 BCLR 231 (CC)). There is no general agreement as to what constitutes religion (see the definition adopted by Nafzinger “The Functions of Religion in International Legal System” in Jaris and Evans (eds) Religion and International Law (1999) 158).

Acculturation of Islamic Law and Local Culture in Marriage Customs of the Buol People: An Anthropological Perspective

The objective of this study is to examine acculturation of Islamic Law and Local culture in the Marriage Customs of the Buol People: This study examined two problems. First, how is the process of acculturation? Second, what acculturation occurs between Islamic law and local culture in the marriage customs of the Buol people?. This study used qualitative method with an empirical sociological legal research analysis approach. Data was gathered through in-depth interviews, direct observation, and participant observation, and physical equipment. The results of the study show that the process of acculturation occurs through power or politics, through trade, education, or da'wah and the arts, as well as through marriage and migration. Acculturation also occurs at every stage of the implementation of marriage customs among the Buol people, including through Mongolyokap, Molyako nikah or marraige proposal, Motanduan moposakis or determination and witnesses, Mopake bolre or decorating the bride's house, Mogundud nikah or delivering the requested property, Moponika or reading of Ijab Qabul (Islamic marriage contract), Monobvuwunggag or invalidating wudhu, Mongoliayondigi, Mopoalyom/Mogolya mongaano or wedding reception, Mosalyamat or small post-wedding party, and Mogolya mopolyong or sleeping at the groom's house. The forms of acculturation are substitution or addition of cultural elements, syncretism or an amalgamation of cultural factors, addition or combination of cultural elements, and deculturation or replacement of cultural aspects.

Representasi nilai pendidikan dalam upacara perkawinan masyarakat suku Pamona

The Pamona tribe's traditional marriage ceremony, called mangawianaka ada mporongo malulu ada pamona (performing a marriage that follows Pamona customs), is led directly by the customary chief and the Pamona tribal customary council. The Pamona tribe's traditional marriage ceremony consists of several requirements that must be prepared and fulfilled by both parties of the prospective bride and groom to get goodness in the future. This research aims to reveal the educational values of the Pamona tribe's marriage customs from the perspective of the Sociology of Literature. The type of research used is qualitative research with a descriptive approach method that describes or paints symptoms and facts systematically. The data collection technique used listening to recordings of informant interviews, field notes, and other literature sources. Based on the results of the research, the educational values contained in the expression of the Pamona tribe's traditional marriage consist of (1) religious values, (2) moral values, (3) social values (4) and cultural values. The educational values revealed in the Pamona tribe's traditional marriage are not only in the form of educational values but also represent social values in the Pamona tribe community.

ISIS's impact on Syrian intangible cultural heritage: Marriage customs and rituals in the region of Manbij

ABSTRACT During its occupation of the Manbij region, ISIS targeted intangible cultural heritage, including marriage rituals. Through online semi-structured interviews with 12 participants, selected to represent the population of the region, this article explores the impact of ISIS’ rule on local marriage rituals and reveals the true motivations behind its targeting of intangible heritage, including small intangible practices. The study highlights the importance of marriage rituals, as they provide an opportunity for gathering, joy and connection between families, and an opportunity to express their cultural diversity. It shows the specific cultural impacts of conflict which left a significant lasting impact on the customs and rituals of marriage in the region. The study reveals that ISIS targeted intangible cultural heritage elements, including marriage rituals: it cancelled some completely, such as the henna night and wedding party, under the pretext that elements of the ritual had been haram (forbidden in Islam). However, we argue that the religious motivations were just a cover for a comprehensive strategy aimed at eliminating the culture and identity of communities, controlling them, and imposing a new culture and identity.

Beyond the Universalist and Cultural Relativist Debate

Abstract This article explores how the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Protocol or African Women’s Protocol), concerned with realising gender equality in Africa, can guarantee gender equality yet retain African women’s valued cultural identity within customary African marriages. These marriages have certain cultural practices that are fundamental to their existence. This exploration is significant, bearing in mind the tensions raised by the contentious universalist versus cultural relativist debates on how human rights are understood. These tensions are evident where on the one hand, universalists argue that certain cultural practices that usually occur within customary African marriages undermine gender equality. On the other hand, cultural relativists maintain that these customary marriage practices are culturally acceptable and integral to the cultural identity of African women. Based on these contentions, this article identifies the Protocol’s strategies employed to douse these tensions within the customary African marriage context. These strategies are determined by examining the treaty’s marriage-related obligations outlined in Article 6 (a–c).

Pandangan Muhammadiyah dan Nahdlatul Ulama Sirombu Nias Barat Tentang Tradisi Pemberian Babi Sebagai Adat dalam Perkawinan Masyarakat Sirombu Nias Barat

In West Nias Sirombu marriage custom, there is a tradition of giving pigs from Muslim families (converts) who are married to non-Muslim families (Christians) because of the traditional marriage tradition, when a family gets married it will give pigs to other family relatives. This is not in line with Islamic principles which forbid pork itself. The purpose of this research is to see how Muhammadiyah and NU leaders in Sirombu West Nias view the giving of pigs in the West Nias marriage custom. This research is field research, namely conducting interviews with Muhammadiyah and Nahdlatul Ulama figures, Sirombu Nias Barat District, and supported by literature sources. The results of this study indicate that Muhammadiyah Sirombu West Nias figures regarding giving pigs from Muslim families who marry to non-Muslim families are not justified in Islam and are unlawful. Meanwhile, the figure of Nahdlatul Ulama Sirombu, West Nias, believes that Muslim families (converts) who still carry out these customs still get relief (rukhsah) due to an understanding that is still common.

Mshengu v Estate Late Mshengu 9223/2016P - Considering the ownership of house property in customary law

The Recognition of Customary Marriages Amendment Act 1 of 2021 was enacted to address the proprietary consequences of customary marriages. This note examines the implications of the Amendment Act in light of the Mshengu v Estate Mshengu 9223/2016P judgment, which was decided shortly after the Amendment Act came into effect. Three key issues are analysed: first the potential conflict between the Amendment Act and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 in relation to the ownership of house property; second the challenges in classifying property as house or family property; and third the impact of the devolution of property on the rights of other family members. The analysis emphasises the importance of soliciting input from communities who live according to customary law and highlights the need for legislation that is flexibly drafted to accommodate nuanced customary law practices and provide avenues for redress in cases where statutory provisions yield unfair outcomes.

Dowry and Bride Price in Vietnam and Comparative Perspectives

Dowry and bride price are inherently two different types of property but have a close relationship through the marriage event between two individuals. This article is an analysis of the legal nature of these two assets under both the legal theory and practice. In terms of hypothesis, the law on marriage and family currently has enough legal bases to determine the general or specific nature of these two types of property, although it is not clearly mentioned in accordance with law. This study is also a comparison with countries’ regulations and analyses practical law application in Vietnam through judgments to bring a comprehensive view to the two different assets bearing the elements of marriage customs.

Does the Return/Refund and Retention of Lobolo Violate the Reproductive Rights of Women in South Africa?

One of the main functions of lobolo is to create a marriage relationship between the bride’s kindred and the groom’s family. Lobolo, which must be practised subject to the Constitution, still plays a significant role in the lives of many South Africans today. However, we concede that there are some instances in which lobolo has been abused to infringe women’s reproductive rights. The apprehension that lobolo may be refunded puts unnecessary pressure on women, thereby infringing and violating their right to freely decide on reproductive issues free of discrimination and pressure. The practice of lobolo is evolving, but approaches to its return or refund are not homogenous. Some families may insist that lobolo be returned while others will not. In South Africa, the solemnisation, and the legal process for terminating a customary marriage is now regulated by the Recognition of Customary Marriages Act 1998 (Recognition Act). Lobolo is not explicitly mentioned as a requirement for the validity of a customary marriage. Additionally, the Act does not contemplate refunding or retention of lobolo during the termination of a customary marriage through divorce. Section 8 of the Recognition Act makes it possible for a customary marriage to be terminated by a decree of divorce, approved by a competent court, thus making it possible to dissolve a customary marriage like its civil counterpart. In this article, we interrogate whether the claim for a lobolo refund violates the reproductive rights of South African women. We use feminism as the theoretical lens through which we view and answer the question and draw some modest lessons from Eswatini and Zimbabwe, and to some limited extent, Uganda.

Examining Malay Customary Marriage Law in the Malay Countries: An 'Urf Perspective

The purpose of this paper is to find out more clearly about the position of customary law for the Malay community, which can be said to be all Muslim, by analyzing it through the study of ‘urf in Islamic law. This research is categorized as qualitative research. Qualitative research intends to understand the phenomenon of what is experienced by the research subject, for example, behavior, perception, motivation, action, and others, thoroughly and descriptively in a special natural context by utilizing the scientific method. The findings in this paper are that Malay customary marriage law, which has been practiced so far in Malay countries, is in accordance with Islamic law. The Malay customary marriage law that may be applied is a law that does not conflict with Islamic values, or 'urf al-sahih. Meanwhile, Malay customary marriage law that cannot be applied is a law that is contrary to Islamic values, or 'urf al-fasid, because it can damage the purpose of the shari'a to be passed down (maqashid shari'ah).
 

Tradisi Sorong Serah dalam Prosesi Perkawinan Masyarakat Adat Sasak: Sebuah Tinjauan ‘Urf

This study is intended to explain the sorong serah tradition in the marriage customs of the Sasak people of Lombok, within the framework of Islamic law. This study uses a qualitative approach. Data was collected through observation and interviews. This study uses the analysis of 'urf which is one of the arguments in determining Islamic law, with the consideration that 'urf is a theory that is more relevant to aspects of tradition, culture or customs. The results of this study indicate that the implementation of aji krame in the sorong serah tradition uses refined language which is the highest stratum in the Sasak language, not mantras that contain shirk as some people suspect. The use of high language in aji krame is a custom that does not conflict with Islamic law, in fact there are many conformities there.

The Improvement Path of the Miao’s Abduction Marriage Customs from a Legal Perspective

Abduction marriage is a traditional custom among the Miao nationality, and its traditional forms mainly include abduction by local landlords, opposition to parental influence, and opposition to high dowry. After the founding of new China, with the promotion of women’s status and the awakening of the rule of law, the traditional abduction marriage customs of the Miao people have evolved into a new civilized form. In practice, there are still a few Miao men who engage in illegal activities of abduction marriage under the guise of traditional customs to avoid criminal punishment. Legislative bodies can make relevant laws and regulations to regulate such traditional customs. When determining such cases, judicial authorities should refer to relevant laws and regulations, and may inquire about local Miao nationality to understand local customs, comprehensively consider the harmfulness of the perpetrator’s behavior, and determine whether to hold them criminally responsible, in order to safeguard the legitimate rights of Miao women.

CULTURAL COMMUNICATION IN BUGIS SOCIETY IN PROCESS OF MARRIAGE CUSTOMS IN PANGKEP REGENCY

Cultural communication in the Bugis community in the customary process of marriage in Pangkep Regency is a marriage first carried out in the procession as a tradition, customs and characteristics of the region, as well as the identity of the community in describing themselves. The purpose of this study is to find out how cultural communication in the tradition of the community in Bugis in the district in Pangkep. The theory used in this research is Herber Blumer symbolic interaction, this theory emphasizes more on human interaction on the meaning and symbols and meanings that exist in an object. The research method used is the phenomelogical research method. The results of the study that cultural communication in the customary process of marriage in the Bugis Pangkep community in South Sulawesi passed three stages, namely the stage before the marriage, the marriage stage and the stages after the wedding which that humans perform actions based on the meanings that exist in something. The first stage is after marriage. In this process the meaning can be obtained for the social interactions carried out by others, obtained at the second stage of the marriage stage, and the third stage of the stage after marriage. The meaning of perfected is obtained after social intraction is ongoing. The meaning of social intraction as a society that has values in every activity in the customs of marriage as cultural communication for the next generation.