Marriage Customs Research Articles

The The Perception Of Hindu Community In Mataram Toward Changing On Customary Marriage Behavior

This research is motivated by a change in the traditional marriage system in the Hindu community in the city of Mataram. The purpose of this study was to examine the perception of the Hindu community in the city of Mataram on changes in customary marriage behavior. Methods of this research is designed in a qualitative descriptive type with a case study model. Data were collected by observation, interview, and documentation. The collected data were analyzed using qualitative analysis techniques through data grouping, data reduction, and data interpretation. The summary of the results of this study that the Hindu community's perception of changes in customary marriage behavior in the city of Mataram could be categorized into two, namely the group that agreed and the other group did not agree. The category agreed with the reasons (1) polite and more honorable; (2) fostering a more harmonious relationship between the two parties; (3) social status and wangsa (line of descent); (4) consensual; and (5) a simpler process. Groups that disagree are categorized into three, namely (1) cultural traditions and customs; (2) ethics and courtesy; and (3) the wangsa (line of descent). The perception of the Hindu community in the city of Mataram on the mepadik and selarian marriage system in terms of time, energy and cost. Based on the results of the study it was found that the public perception of the mepadik marriage system in terms of time, then the time used was less when compared to the selarian system. The implications of changing marital behavior in terms of energy, then the energy needed in the marriage process that uses the mepadik system will use less energy when compared to the selarian system. In terms of financing, the occurrence of cost efficiency in the mepadik marriage system.

POSSIBLE CONSEQUENCES OF DECLARING CIVIL AND CUSTOMARY MARRIAGES VOID

The consequences of declaring a civil marriage entered into during the existence of a customary marriage or vice versa void could have nowhere been fully canvassed. On the face of it, it merely calls for a declaration of invalidity of the existing marriage, but it raises various ancillary issues which have not been addressed. We do not discuss the judgments declaring marriages void, but focus on the consequences of such judgments. For a variety of reasons it is important to determine whether a civil marriage, concluded subsequent to a customary marriage, is valid or ab initio void, or vice versa. To mention but one reason: “Where immovable property, a real right in immovable property, a bond or a notarial bond – (d) is registered in the name of a person who on the date of the registrationwas a party to a marriage governed by the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) the registrar shall on the written application by the person concerned and on the submission of the deed in question and of proof of the relevant facts,endorse the change in status or make a note of the effect that the said person is a party to a marriage in community of property, as the case may be” (S 17(4) of the Deeds Registries Act 47 of 1937). When a marriage is void, no consequences flow from it, except in so far as it may be deemed to be a putative marriage. Lawyers, officials and the public at large still do not seem to realize that interms of sections 2(1) and (2) of the Recognition of Customary Marriage Act (120 of 1998) customary marriages entered into before and after commencement of the Act are for all purposes recognized as marriages. The case of Netshituka v Netshituka (426/10 [2011] ZACSA 120 dated 2011-07-20) has now given clear direction as to the validity or non-validity of civil marriages concluded after the Marriage and Matrimonial Property Law Amendment Act 3 of 1988. Also in Thembisile v Thembisile (2002 (2) SA 209 (T) par 32) Bertelsmann J held that a civil marriage contracted while the man was a partner in an existing customary marriage with another woman was void. The position of the validity of civil marriages, entered into prior to and after the said Amendment Act, will now be discussed.

“The shifting patterns of customary marriage and gender relations in post-conflict northern Uganda.”

This paper presents the transformations in the customary marriage processes, practices and gender relations among Lango in northern Uganda. The paper takes a qualitative approach using generational in-depth interviews with participants in the sub-counties of Lira and Ogur, Lira district northern Uganda. The findings indicate that marriage was a highly respected institution in Lango culture accomplished by the payment of bride wealth called ‘lim nyom’ but greatly transformed over time from material to monetary demand. The traditional marriage process was punctuated by eight designated sequential events and installment payment of the bride-wealth. However, this paper underlines that Lango customary marriage (‘Nyom tekwaro Lango’) has changed over time due to the rapid social, economic, cultural and traditional changes to match the socio-economic and ideological realities dictated by the globalization process. Core among the factors that have influenced and undermined Lango customary marriage is borrowing the alien value system to suit the contemporary social and economic changes. This paper argues that whereas it is important to adopt the new marriage principles and practices, the shift affects gender relations and thus it is worth retaining the significant valuable customary practices that knit family and community members.

THE MARRIAGE PRACTICES OF INDIGENOUS PEOPLES OF LAMPUNG SEBATIN FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW IN INDONESIA

This study analyzes the problems related to the existence of Lampung Sebatin Indigenous Marriages. Where the Lampung indigenous people Sebatin started a new life order in marriage combining custom and Islamic law. Marriage is divided into two ways, namely Nyakak/ Jujokh and Semanda marriages. The traditional marriage procedures have values and norms or rules. The problem in this research is how the practice of marriage and how the description of the relationship between customary law and Islamic law as well as positive law in Indonesia in the marriage of the indigenous community of Lampung Sebatin. The purpose of this study was to obtain information about: first, the practice of marriage traditional Lampung Sebatin procedures; and Second, positive law and Islamic law in the traditional marriage customs of Lampung Sebatin. This study uses the qualitative research method with a sociological legal approach that focuses on the process of implementing marriage based on Islamic law and customary law with predetermined objectives. The research data were obtained using the interview method conducted on the object of research or respondents. The findings of this study indicate that first, the practice of marriage traditional Lampung Sebatin in its implementation uses Islamic law, but there are several processions such as pre-marriage and after-marriage. Marriage Lampung traditional customs are Sebatin divided into two, namely Nyakak/ Jujokh and Semanda with the traditional stages before, the implementation customary stages and the customary stages after marriage and the pattern of settling after marriage. Second, the law of marriage in the teachings of the Islamic religion with the law on marriage, in the procedure of marriage, in Nyakak/ Jujokh and Semanda is general it can be said that line, in practice it is in accordance with the basis and reference, namely the law on marriage is al-Quran, al-Sunnah, Qaidah Fighiyah and Consensus (Ijma) of Muslims in Indonesia.Keywords: Marriage, Tradition, Lampung, Sebatin, Islamic Law

PERGESERAN NILAI ADAT DAN BUDAYA DALAM PERKAWINAN MASYARAKAT GORONTALO DI MASA PANDEMI COVID-19

This research was conducted to find out for how the shifting of marriage customs values ​​that occurred in Gorontalo during the Covid-19 Pandemic. This research will provides an information on the factors causing the shift in the tradition of traditional marriage values ​​in Gorontalo. This research uses qualitative methods and uses data collection techniques carried out by observation and interviews. The results of this study can be concluded that the marriage customs during the Covid-19 Pandemic that occurred in the Gorontalo community experienced a shift, time and form of presentation. This is also due to modernization which presents a new transformation in the implementation of traditional marriage in Gorontalo. Apart from the factor of the Covid-19 which affects changes in traditional customs and culture, there are also other causes, such as; economic factors, the factors of progress contaminated by art, new cultures, and the dynamics of interpretation of religious understanding.

Comment on the Single Marriage Statute: Implications for Customary Marriages

The South African Law Reform Commission is currently canvassing views on a potential single marriage statute that would reconcile the several enactments currently regulating marriage in South Africa. This comment considers the implications of the proposed Bill for the regulation of customary marriages. It argues that the definition of a marriage / life partnership may be under-inclusive and must be expanded to included polygamous – rather than polygynous – relationships without a religious or cultural basis and life partnerships where the partners are not cohabitants. Furthermore, while the Bill is commended for requiring a husband to obtain the consent of existing wives before he enters into a further customary marriage, the Bill must give meaning to the notion of consent. Finally, the Bill must address existing issues within the Recognition of Customary Marriages Act 120 of 1998 which have invalidated a range of customary marriages too often at the expense of women.

Yanzi’s Love Story

Chinese marriage customs are often a point of conflict for lovers and their parents. Traditionally, the bride marries into the groom’s family and prioritizes this new family. While times are changing, these customs are still in the minds of Chinese parents, and many fear they will lose their daughter. The following is a related story about a female migrant worker who falls in love with a man far away from home.

Penentuan Jumlah Mahar Dalam Perkawinan Antar Suku

The fundamental problem in this research is the determination of the amount of dowry in intertribal marriages in Hapesong Baru Village, Batang Toru District, South Tapanuli Regency.This problem is motivated by the determination of the amount of dowry in Batak customs if a man wants to marry woman from the Batak Tribe the amount of dowry given is quite high and the average amount is Rp. 30,000,000-Rp. 40,0000,000 (Thirty million rupiah-Fourty million rupiah), in contrast to the Javanese custom in terms of the tradition of determining the amount of dowry to be given by the prospective groom to the prospective bride, it is not too high and the average amount is Rp. 10,000,00-Rp. 20,000,000 (Ten million rupiah-Twenty million rupiah).The research methodology used is qualitative field research, namely research conducted by collecting primary and secondary data on the phenomenon that is happening directly. And this research which becomes the primary data is data obtained directly from the research subject, the primary data of the researcher is the people of Hapesong Baru Village, Batang Toru District, South Tapanuli Regency who are married. Primary legal materials are the Al-Qur’an and Hadist, Book translation dictionary. Furthermore, data collections techniques were carried out by interview,observation, and documentation. The result of this study are, firstly, determining the amount of dowry in intertribal marriages due to different customs in the marriage procedures of the two tribes, namely the marriage customs of the Batak and Javanese marriage customs. The people who get married are the Batak and Javanese. And other things, namely factors, work, educations, and social status.

Two Classes of “Marriage”: Race and Sexual Slavery in Al-Shabaab-Controlled Somalia

ABSTRACT Some Somali majority clan girls and women receive economic and security benefits from marriage to Al-Shabaab fighters. Yet, the literature treats women’s experiences monolithically and misses the role that race plays in determining the circumstances of such unions. The authors argue that one should not refer to the unions of Somali Bantu girls and women with Al-Shabaab fighters as a “marriage” but rather as sexual and domestic slavery – a form of extraction by Al-Shabaab that works to ethnically cleanse the Bantu from their ancestral land. Drawing on data from an original survey conducted in 2017 of 139 Somali Bantu refugee households who fled to Kenya during the previous year, the authors examine the nature and extent of unions between females from different races with Al-Shabaab fighters. Women and girls from majority clans are more likely to marry fighters freely. Compared to majority clan females, Somali Bantu girls are enslaved by Al-Shabaab fighters at younger ages and typically remain with their own families rather than moving to the man’s household, contrary to Somali’s patrilineal marriage customs. Al-Shabaab fighters do not claim the children they have with Somali Bantu girls and women, whom they despise as a racially distinct minority with low social status. This work underscores the need to avoid the term “marriage” when referring to the sexual slavery of minorities in Somalia by Al-Shabaab and for the international community both to investigate claims of ethnic cleansing as well as support the fledgling Somali government in establishing a system of rule of law.

Association of Polymorphism −174G/C Interleukin-6 (IL-6) and Schizophrenia in Bataknese Population

BACKGROUND: Schizophrenia is a mental disorder characterized by positive symptoms, negative, and cognitive deficits. Polymorphism of −174G/C interleukin-6 position of the promoter has been described as one of polymorphism that believes have association with schizophrenia and Batak people have a philosophy of life, principles, and at the same time as a structure and system in society called Dalihan na Tolu. This Dalihan na Tolu has a role in the Batak customary marriage laws that cannot be separated during a customary marriage ceremony according to the traditions of the Batak people. This system causes most Batak people to marry each other so that the purity of the population is maintained and can be applied according to Hardy-Weinberg Equilibrium. AIM: Hence, we looked for association in the polymorphism of −174G/C interleukin-6 between people with schizophrenia of the Bataknese population and healthy controls. METHODS: We conducted a cross-sectional study that included 75 people with schizophrenia in the Bataknese population and 75 healthy controls with the same ethnic group. The alleles and genotypes polymorphisms were compared between people with schizophrenia in the Bataknese population and healthy controls and were tested statistically using Chi-square. RESULTS: Frequency of appearance of allele and genotype of −174G/C polymorphism found that there were significant differences in both alleles and genotypes between groups of people with schizophrenia and healthy control groups (p < 0.001) and −174G/C polymorphisms were risk factors for schizophrenia statistically in the Bataknese population (Odds Ratio >1). CONCLUSIONS: We report an association of −174G/C polymorphism and schizophrenia in Bataknese population and polymorphism of −174G/C may be one of the risk factors for schizophrenia in the Bataknese population.

Customary Marriages and Gender Equality : Zimbabwean and South African Perspectives

Patriarchy continues to place limitations on women’s rights in many societies. This is manifested by the unequal gender power relations between sexes, which also adversely impact women’s sexual and reproductive health rights. Using the key human rights principles of non-discrimination and gender equality, the study aimed to analyse gender equality within the sexual and reproductive health domain in customary marriages from the Zimbabwean and South African perspectives. The study was qualitative, conducted in Makwarela (South Africa) and Concession (Zimbabwe) with 16 participants using semi-structured interviews to collect data which were analysed using narrative analysis. The study established that there are restrictive gender norms that negatively affect the interaction of women with the health system, thereby producing negative health outcomes. The study recommends that women be empowered educationally, politically and financially so that they can make their own decisions regarding their health and well-being.

THE EXISTENCE OF CHINESE ETHNIC IN THE TOWN OF BLANG PIDIE ACEH BARAT DAYA REGENCY

The existence of Chinese ethnic in the southwest coast of Aceh is estimated to have arrived before Indonesian independence and even currently they still live in the town of Blang Pidie, Aceh Barat Daya Regency. The purpose of this study is to examine the existence of Chinese ethnic in the Town of Blang Pidie, their growth, cultures, and relations with the surrounding communities. This is a qualitative research by combining library and field study. The data collection techniques used were observation, interview and documentation. The analysis of the data was conducted through data reduction, data presentation and conclusion. The results showed that the existence of Chinese ethnic in the Town of Blang Pidie had a major influence in the trade sector at both the regional and national levels, contributing to the competition among local traders, being in collaboration with agencies of Aceh Selatan government, especially in goods for office purposes. Their development is in the field of education by sending their children to public schools from elementary to higher education in Aceh and abroad. From the trade sector, they are involving in building a molding factory, wood factory, rice milling factory, beverage company transportation services and others. Chinese ethnic culture preserves the culture of its ancestors, both in celebrating the Chinese New Year, marriage customs, and maintaining religious values ​​that are considered sacred. Meanwhile, the interaction with the community is positive as they are active in participating in activities such as gotong royong, sports, wedding parties, death ceremonies and helping people experiencing disasters by providing groceries.

Marriage and belonging among South Sudanese Acholi refugees in New Zealand

This article describes refugee-background South Sudanese Acholi attempts to (re)produce customary marriages in New Zealand. The cross-cutting debt obligations and transactions involved in these marriages need the involvement of transnational social networks. Beyond these networks, however, customary marriages are important to ethnic identification, with the transactions involved generating and maintaining feelings of “belonging.” Such feelings are largely absent from most refugees’ wider resettlement experiences. Analysis of transformations within resettlement-based marriage customs demonstrates how individual and collective belonging is developed and negotiated amid the tensions of resettlement, with differences of opinion over these transformations involved highlighting the contested nature of belonging.

The Juristic Nature of iLobolo Agreements in Modern South Africa

The practice of ilobolo has been referred to by many names, including bridal-price, bridewealth, marriage goods or dowry. These concepts are misleading as they suggest that a woman is being bought. There are sections of society who argue that the practice is unconstitutional as it discriminates against women and must be abolished. There are also sections who argue that the practice of ilobolo is firmly rooted in customary marriages and cannot be dispensed with. They add that the practice is not discriminatory against women as it is men who are required to pay ilobolo and not women. Often the agreement that underlies ilobolo is referred to as the ilobolo contract. This brings into purview the question of the juristic nature of the ilobolo agreement; whether it is a contract or a merely an agreement. A conclusion in this regard is important because it sheds some light on the enforceability of an agreement to pay ilobolo. This article sets out to analyse the juristic nature of the ilobolo agreement and concludes that the ilobolo agreement is a sui generis agreement with legal consequences and should be enforceable in a court of law.

The “Revolving Door” of the Customary Marriages’ Validity Requirement in Action ‒ Mbungela v Mkabi [2019] ZASCA 134

On the face of it, section 3 of the Recognition of Customary Marriages Act 120 of 1998 (RCMA) does not look ominous. Notwithstanding the plain language of the above provision, there is abundant case law and academic articles dealing with the interpretation and/or application of section 3(1)(b) in particular. A decision of the Supreme Court of Appeal (SCA) in Mbungela v Mkabi ((820/2018) [2019] ZASCA 134) adds to what is fast becoming a jurisprudence of the salient issues relating to the understanding of paragraph (b) of subsection (1). The issue of the scope of this paragraph has become more relevant in the inquiry into the transfer and/or integration of the bride into the groom’s family pursuant to the conclusion of a lobolo agreement. In his latest academic offering, Manthwa introduces this ongoing Achilles heel of customary marriages by referencing a number of cases and academic opinions; the references serve to justify the relevance of his work in the presence of so much jurisprudence on the topic. It is prudent to highlight also that Bakker provided an insightful criticism of the court a quo in Mkabe v Minister of Home Affairs ((2014/84704) [2016] ZAGPPHC 460). On the whole, it is argued here that the judgment of the SCA is incorrect in a few material respects and that the criticism by Bakker of the court a quo is legally sound and contributes meaningfully to the jurisprudence in this area.As this case note demonstrates, the SCA not only incorrectly interprets and applies the law, but the judgment also unjustifiably departs from precedents relating to the transfer and/or integration of the bride. In effect therefore, it is submitted, the SCA establishes a changeable attitude relating to the transfer and/or integration of the bride. This attitude is symptomatic of an apparent constitutional interpretation that desires a specific outcome almost at any cost. As such, this case note is relevant as it captures the latest instalment of the changing attitude towards the precepts of the transfer and/or integration of the bride. Thus, there is as much a need for continuous monitoring of this revolving door of interpretation and/or application as there is for cases dealing with this aspect. The matter is therefore considered as unsettled and merits ongoing academic discourse.This issue of unsettled law finds resonance in the pronouncements of the Constitutional Court in Bhe v Magistrate, Khayelitsha ([2004] ZACC 17 par 112).In light of the foregoing, the casuistic and often contradictory jurisdiction on the issue of transfer and/or integration of the bride is considered in the context of the constitutional injunction in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (the Constitution) and the facts of the case in Mbungela v Mkabi (supra).

Inventory Of Types And Traditional Cakes In A Series Of Wedding Ceremonies In Nagari Canduang Koto Laweh

The background of this research was motivated by the curiosity of researcher about the accurate science of marriage custom at Nagari Canduang Koto Laweh. The purpose of this research was to identify the types and recipes of traditional cake through the series of wedding ceremony at Nagari Canduang Koto Laweh. The design of this research was qualitative research. The data were collected through observation, interview and documentation. The result of the research showed that the type of ceremony series were maresek, sauah tando, manjapuik marapulai, marapulai pulang, mamanggia minantu, manantuan kandang, baralek, maanta kain, maanta katidiang, mandoa bulan malin, pasinggah buko and maanta pabukoan. The type of tradisional cake served were katan, ajik, pinyaram, kubang, timandi, bareh jao, batiah, goreang pisang, jaguang abuh, kue sapik and kue tangan. The processing tool was divided into preparation tools, molds and countering tools. How to counter the traditional cake depends on the type of series that was being carried out. The way to do this was to dish out with the plate, bereang-bereang and rantang. The meaning of traditional cake was related to the role of leadership in Minangkabau custom and people's life as social being. Tradisional cake recipes in the form of notes about the name, ingredients and how to make traditional cake at the series of wedding ceremony at Nagari Canduang Koto Laweh Candung District.

Inventory Of Types And Traditional Cakes In A Series Of Wedding Ceremonies In Nagari Canduang Koto Laweh

The background of this research was motivated by the curiosity of researcher about the accurate science of marriage custom at Nagari Canduang Koto Laweh. The purpose of this research was to identify the types and recipes of traditional cake through the series of wedding ceremony at Nagari Canduang Koto Laweh. The design of this research was qualitative research. The data were collected through observation, interview and documentation. The result of the research showed that the type of ceremony series were maresek, sauah tando, manjapuik marapulai, marapulai pulang, mamanggia minantu, manantuan kandang, baralek, maanta kain, maanta katidiang, mandoa bulan malin, pasinggah buko and maanta pabukoan. The type of tradisional cake served were katan, ajik, pinyaram, kubang, timandi, bareh jao, batiah, goreang pisang, jaguang abuh, kue sapik and kue tangan. The processing tool was divided into preparation tools, molds and countering tools. How to counter the traditional cake depends on the type of series that was being carried out. The way to do this was to dish out with the plate, bereang-bereang and rantang. The meaning of traditional cake was related to the role of leadership in Minangkabau custom and people's life as social being. Tradisional cake recipes in the form of notes about the name, ingredients and how to make traditional cake at the series of wedding ceremony at Nagari Canduang Koto Laweh Candung District.

Hmong ‘Marriage by Capture’ in the United States of America and Ukuthwala in South Africa: Unfolding Discussions

‘Marriage by capture’ among the Hmong people in the United States of America and ukuthwala in South Africa both take the form of the mock abduction of a young woman for the purpose of a customary marriage. The noteworthy point about these two customary marriage practices is that, although Hmong marriage by capture takes place in the context of a minority community in a liberal state, and ukuthwala occurs in a postcolonial state, courts in these jurisdictions convert these marriage practices to the common law offences of rape, assault, and abduction. This article reflects on the accused-centred approach in the case of People v Moua, in which the court invoked the cultural defence, and the victim-centred approach in Jezile v S, which severed cultural values from the rights of the woman. It questions whether the two communities in question, in their respective liberal and postcolonial settings, influence the attitudes of the courts in cases involving rape, assault, and abduction charges. The main argument proffered is that both approaches may encourage communities to continue marriage abduction practices without bringing them to the attention of investigative organs, with adverse human rights implications for the women and girls affected. The ultimate purpose of this conversation, therefore, is to show how the approaches of the courts to the recognition or non-recognition of these customary practices affect the rights of girls and women who encounter institutions of law that alienate people belonging to minority cultural groups, and often perpetuate injustice.

Bajapuik Tradition the Traditional Marriage in Minangkabau

Bajapuikis a tradition of the Minangkabau people native to the Padang Pariaman area which is carried out in a traditional marriage process. Bajapuik is the custom of the Minang community in respecting the position of men from Padang Pariaman but not detrimental to women as the biological bundo in the rumah gadang. Bajapuik has become a mandatory tradition at wedding ceremonies in Padang Pariaman by picking up / buying the groom using money whose nominal value is determined by means of family congregation and traditional leaders. Writing this article aims to describe the cultural customs of marriage in Minangkabau with a focus on the study of the Bajapuik tradition in Padang Pariaman. The method used in writing this scientific article is a qualitative method with a descriptive approach.

The incidence of congenital heart disease in Azerbaijan: prospective epidemiological study

Background The incidence of Congenital Heart Disease (CHD) in Azerbaijan has never been calculated with a prospective study, using Echo-2D as a study method
 Aim First prospective epidemiology study calculating incidence and types of CHD in Baku, Azerbaijan.
 Population-method From June 2016 to August 2018, 2570 term neonates were screened in 2 major maternity units. The screening was randomized to equal females/males with no known previous obstetric alert regarding CHD. Scanning was done by two teams of pediatric cardiologists in echo-2D. Each team was ‘blinded’ to the findings of each other. All scans were recorded, and a third senior physician reevaluated them.
 Results From 2570 term neonates of the general population we detected 47 CHD’s. From them, 17 were c-CHD and 5, s-CHD. 25 were simple or moderate complex non-cyanotic CHD. The estimated incidence was 1.828%. 17/47 (36.2%) were cyanotic. The incidence of simple CHD was 25/47(53.2%). Analysis of the specific anatomy is presented in table 1.
 Conclusions This first-ever prospective epidemiology study in Azerbaijan involving a cohort equal to 1.65% of the annual living births of the country, estimated a high incidence. This is among the highest reported globally. The amount of critical & cyanotic CHD was 46.8% and 36.2% respectable. These high numbers are possibly related to an isolated population and conjugated marriage customs of the country. This represents a public population health burden.