Customary Practices Research Articles

Analysis of Knowledge, Attitude, and Behavior of the Long Pasia Sipitang Community Based on Customary Practices in River Management

Analysis of Knowledge, Attitude, and Behavior of the Long Pasia Sipitang Community Based on Customary Practices in River Management

Alternative Dispute Resolution: Historical, Customary Practices & Legal Aspects of Nepal

This paper focuses on the use of ADR in Nepal based on analyzing the historical background, cultural practices, and existing laws. The research's main objective was to identify how the ADR is practiced in the communities and in the judicial system of Nepal. The basic approach of research was doctrinal and in this approach primary sources regarded the constitution of Nepal and Acts likewise secondary source was taken as published articles and reports. It starts with background information on what peaceful conflict resolution is and how disputes are settled by mediators such as the elders and village assemblies conducted in communities. These are cultural methods of solving conflicts and they have been in use before the legal structures were formulated in Nepal. The paper also discusses the different forms of traditional ADR that have been incorporated into the contemporary Legal System of Nepal. It also surveys prominent statutes such as the Arbitration Act and the Mediation Act and how these laws assimilate and police traditional practices into and within the legal process. More specifically, the study compares the various conventional techniques, viewpoints, and designs used to address the issues of compliance with customary practices and measures the extent of the effectiveness. The paper nonetheless seeks to contrast between the traditional approaches and the legal frameworks to illustrate the need to embrace cultural practices alongside access to justice. The research found that the use of ADR is in different sectors of the communities and organizations, including international trade disputes and the law of Nepal has opened to settle disputes outside of the court system

The Implementation of Equidistance Line on Maritime Delimitation between Indonesia-Australia in Perth Treaty 1997

This article proposes some suggestions to the government in renegotiating the Perth Treaty to provide a solution for a definitive maritime boundary between Indonesia and Australia. Renegotiation of the Perth Treaty in terms of maritime delimitation between the two countries needs to be done in relation to the limitation of sovereignty of both countries. This treaty has never been ratified by both countries after the signing in 1998. The fundamental reason of Australia is associated with the independence of Timor-Leste in 1999 so that the rebus sic stantibus principle then applies. This research employed legal method to provide recommendations to the government as a basis for renegotiating the Perth Treaty according to international law. It also used a statutory and case approach. There are underlying reasons for the urgency of renegotiating the Perth Treaty using the median line with an equidistance line approach. The median line in UNCLOS 1982 has proven to provide progressive results regarding the maritime delimitation of countries. However the decisions of the International Court of Justice, resulted in various side effects with the use of the median line as a single effort to resolve maritime delimitation disputes. Therefore, a new solution is proposed, namely the median line with an equidistance line approach as the most effective method to create justice for each party. The equidistance line in international law serves as a legal resolution method, emerging from customary practices. It is recognized as new customary law for resolving maritime delimitation disputes between countries. Harmonisation of the median line concept using the equidistance line approach in resolving maritime delimitation disputes between Indonesia and Australia is a new approach that can be used based on the successful harmonisation of these two concepts in resolving delimitation disputes globally.

Postponement of Inheritance Distribution for Minangkabau Migrant Inheritors: A Study of Islamic Law

This research aimed to examine the practice of postponing inheritance distribution for Minangkabau migrant inheritors from Islamic law’s perspective and identify the contributing factors. The research employed a mixed-methods approach, combining field research and normative legal analysis. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that postponing inheritance distribution contradicts the principles of Islamic law, which mandates that the division be carried out promptly after the testator’s death using fara’id. This delay is influenced by economic factors, customary practices that grant women a dominant role in inheritance and prioritize the preservation of high-level heirloom treasures, and the distance separating migrant inheritors from their hometowns. Nevertheless, some scholars permit postponement if it is based on considerations of family welfare, while others reject it by referring to the ijbari principle. Therefore, it is recommended that the government, Islamic scholars, Minangkabau indigenous people, and Muslim migrant inheritors enhance their understanding and awareness of Islamic inheritance law and play an active role in preventing and resolving the issue of postponed inheritance distribution, as preventing inheritors from their inheritance rights is unlawful (haram) and a major sin.

INDENIZAÇÃO PUNITIVA NO CÓDIGO CIVIL BRASILEIRO: A REPETIÇÃO DE INDÉBITO EM DOBRO DO ARTIGO 940 COMO INSTITUTO JURÍDICO EQUIPARADO

ABSTRACT: Conceived within the Anglo-American tradition of the 18th century, punitive damages emerge as a distinct form of sanction intended to reflect the role of civil liability through a modern perspective. Originating from case law and customary practices, this foreign institution underscores the inadequacy of compensatory and restitutive functions in restoring the status quo ante in cases of bad faith or significant culpability of the offender, particularly when the wrongdoing stems from the pursuit of personal gain. Thus, the details of the case become crucial in assessing the agent’s conduct, with a rigorous examination of intent. By adopting the Theory of Deterrence, civil law acquires a preventive character, countering the recurrence of egregious harmful acts within social interactions, aiming to safeguard objective good faith in private relations. This article, therefore, traces the historical roots and conceptual evolution of this model over time, highlighting its distinctions from traditional compensatory methods, under the principles of unjust enrichment and full reparation. Finally, the study explores the potential equivalence to the double recovery provision under Article 940 of the Civil Code. Through a theoretical and deductive approach, utilizing qualitative, foundational, explanatory, and bibliographic methods, and viewed through the lens of comparative law, the initial hypothesis is confirmed, with reservations.

“Someone Who Is Going to Preserve Your Surname and Clan Name”: A Sesotho Cultural Perspective on Male Partner Involvement in Maternal and Newborn Care in the Free State, South Africa

In the global public health discourse, involving men in maternal and neonatal health is regarded as crucial for positive outcomes in both health and development. In South Africa, health interventions designed to promote male partner involvement among low-income indigenous populations have been framed within social constructivist notions of masculinities and have produced mixed outcomes. This has necessitated calls to explore alternative approaches, including the need to decolonise men and masculinities studies in Africa. As part of one phase of formative research for a mixed-method project aimed at adapting a male involvement intervention for the context of Sesotho-speaking men and women in the Free State, we applied a multi-site case study research design and collected qualitative data using focus group discussions and key informant interviews. Verbatim-recorded transcripts were translated, transcribed, and thematically analysed with NVIVO 14. The results indicate that customary practices in pregnancy, delivery, and newborn care are not static and vary between families based on belief systems, socioeconomic status, geographical setting (peri-urban/rural), and kinship networks of care. Therefore, these practices and beliefs should be understood, affirmed, and contested within the complex African-centred material and immaterial worldviews on personhood in which they were generated, transmitted, rejected, or adopted. It is recommended that a decolonised approach to male partner involvement in this context must be cognisant of the intersections of racial and gendered power relations, contestations in beliefs and practices, the resilient effect of colonialism on indigenous gender systems, as well as contemporary global entanglements that inform North–South power relations on the best practices in maternal and newborn health in the public health sector in South Africa.

Community Behavior Based on Traditional Ecological Knowledge Towards Environmental Health and Disease Prevention

This study explores how Traditional Ecological Knowledge (TEK) affects community behavior related to environmental health and disease prevention. Traditional Ecological Knowledge, which includes customary practices, cultural beliefs, and local wisdom, plays a crucial role in how communities interact with their environment. Focusing on the relationship between Traditional Ecological Knowledge and public health, this study investigates how indigenous peoples utilize traditional ecological knowledge to maintain and maintain natural beauty, natural habitats, environmental cleanliness, utilize available facilities, infrastructure, natural potential, reduce health risks, and prevent the spread of disease. The study used qualitative methods, including interviews and field observations, to collect data from community members who actively practiced Traditional Ecological Knowledge in their daily lives. The findings suggest that TEK-based behaviors, such as natural resource management, traditional medicine use, and community-led environmental monitoring, significantly contribute to reducing the incidence of waterborne diseases, improving sanitation, and fostering overall environmental resilience. This study underscores the importance of integrating and synergizing Traditional Ecological Knowledge into modern public health frameworks, demonstrating that recognizing and preserving indigenous knowledge systems (Traditional Knowledge) can enhance community-based approaches to disease prevention and environmental sustainability. The study concludes that encouraging collaboration between traditional and modern health practices is key to developing more effective and efficient strategies for safeguarding the health of the environment and people.

What happens when tourism is turned off: Exploring the outcomes of the COVID-19 pandemic travel restrictions for Indigenous people in Rarotonga, The Cook Islands

The sea, sand, and sun allure of the Cook Islands has seen tourism become the most significant driver of the country's economic development. However, the increasing reliance on the tourism sector since the 1980's has created a mono-economy at the expense of diversification and alternative economic models. The COVID-19 pandemic emphasized the risks and consequences associated with an over- reliance on international tourism as the lockdown measures and international travel restrictions caused the sudden shutdown of international tourism, resulting in serious negative economic consequences for tourism-dependent communities. However, the pandemic also offered an opportunity for small island societies to reflect on pre-existing challenges associated with the tourism industry. Through qualitative semi-structured interviews with Indigenous Cook Islanders in Rarotonga, this study aimed to develop a deeper understanding of how the lived experiences of participants responding to the sudden collapse of tourism may have influenced how Indigenous Cook Islands peoples perceive the role of tourism in supporting the wellbeing of their small island nation. The presented study is the result of a collaborative research partnership between an Indigenous Pacific scholar and non-Indigenous European scholar. While the research adopted a western methodology, the relationships developed between the researchers and participants were guided by the cultural values of reciprocity and respect, which are key principles underpinning Indigenous research in the Pacific. The findings revealed that participants adapted to the adverse impacts of COVID-19 through the revitalization of their traditional socio-economies, the resurgence of customary practices, a strengthened connection to nature, and a renewed sense of community spirit and pride in cultural identity—all of which were perceived to positively impact their spiritual, social, cultural, environmental, physical, and mental wellbeing. By demonstrating the positive adaptive responses of participants, this article aims to emphasize the non-economic dimensions of wellbeing that are critical to supporting the cultural values, social priorities, and the Indigenous ways of life that preceded the development of tourism. These findings can be used to inform and guide international development policy makers and tourism stakeholders who seek to reduce the adverse impacts of tourism on the wellbeing of Indigenous communities in the Pacific.

Legal Authority and Marital Identity: A Study on the Kalosara Tradition of the Tolaki People in Southeast Sulawesi

For the Tolaki indigenous people, a marriage is considered valid when it is conducted in accordance with the kalosara tradition. This signifies that the legitimacy of marriage among the Tolaki people of Southeast Sulawesi is not determined by adherence to Islamic law or state regulations, but by the observance of the kalosara customary practice. This study seeks to explore the kalosara tradition as the prevailing authority in the marriage law of the Tolaki community in Southeast Sulawesi, and to analyze the perspectives of Islamic law through the concepts of ‘urf and maṣlaḥa mursala in relation to this tradition. Employing a qualitative research method with an empirical-normative approach, data were gathered through interviews with traditional leaders, community figures, and religious authorities. The findings of the study indicate that the kalosara tradition in Tolaki community wedding ceremonies consists of three stages: seeking permission, the proposal, and the marriage contract. The Tolaki people regard a marriage as valid only if it adheres to the kalosara tradition, establishing customary law as the dominant form of marriage law within the community. From the perspective of ‘urf, the kalosara tradition is deemed acceptable, as it fulfills the criteria of al-‘urf al-ṣaḥīḥ (good custom). Moreover, the kalosara tradition contributes to social welfare within the Tolaki community of Southeast Sulawesi. This research is expected to make a significant global contribution to the development of studies on marriage law and tradition. Furthermore, it is deserving of recognition as a valuable academic resource addressing societal legal needs concerning the practice of marriage traditions.

The Plight of Employment Policies that Exclude Customary Practices in the Workplace

South Africa is called a “rainbow nation”, and with its 11 official languages, the country is a melting pot of diverse cultures, traditions, and beliefs. This diversity is not without challenges. This brings interesting and complex questions from an employment perspective; therefore, striking a balance between the employer’s rights versus the employee’s traditional practices has become a significant challenge. The article analyses these challenges that arise as a result of the failure of section 8(3) of the Constitution to give a direct mandate to develop customary law to put into effect or limit a right that is found in the Bill of Rights and in this instance the right to fair labour practices in terms of section 23. The article will also analyse the cases dealing with employees who wanted to enforce their rights conferred to them by the Constitution to practice their culture but were excluded and discriminated against on some of the grounds listed in section 9(3) of the Constitution. The article will conclude by recommending that labour laws and the Constitution should be reviewed to cater for native persons, in particular, the recognition of customary laws and practices at the workplace.

The Role of Customary Law in Forest Governance and Conservation in Jambi, Indonesia: A Case Study of Makekal Hulu Village within the Customary Territory of the Suku Anak Dalam

Indonesia's forests face increasing pressures from deforestation and degradation. While national laws exist to protect these vital ecosystems, their implementation often faces challenges, particularly in areas inhabited by indigenous communities with distinct customary laws and practices. This study examines the role of customary law (adat law) in forest governance and conservation in Jambi Province, Indonesia, focusing on Makekal Hulu village within the customary territory of the Suku Anak Dalam. This qualitative study employed a case study approach. Data were collected through semi-structured interviews with adat leaders, community members, government officials, and NGO representatives. Focus group discussions were conducted to gather diverse perspectives on forest management practices. Relevant documents, such as adat regulations, government policies, and NGO reports, were also analyzed. Additionally, data was utilized to enhance understanding of resource use dynamics and land-use change patterns. The findings reveal that adat law plays a significant role in regulating access to and use of forest resources in Makekal Hulu. Adat institutions, led by the village elder and guided by customary beliefs, enforce rules related to logging, hunting, and land clearing. These rules often complement national laws, providing a localized and context-specific approach to forest management. However, challenges exist in harmonizing adat law with national legislation, particularly concerning land tenure conflicts and external pressures from logging and plantation interests. In conclusion, this study highlights the importance of recognizing and incorporating adat law into forest governance frameworks in Indonesia. By integrating traditional knowledge and practices with national policies, a more effective and sustainable approach to forest conservation can be achieved. This requires collaboration between government agencies, adat communities, and civil society organizations to ensure that adat law is respected and supported within the broader legal framework.

Gender-Sensitive Approaches In Women's Involvement In Constitution-Making And Peacebuilding Processes In South Sudan

Constitutions play a pivotal role in shaping the political, economic, and social equality of both women and men. As the supreme law, they establish the state's framework, allocate political authority, delineate governance systems, dictate leadership selection, and safeguard fundamental rights. Constitutional reform presents a unique chance to reshape governance structures by enshrining women's rights, incorporating inclusive language, and establishing institutions that ensure and advance gender equality. In South Sudan, akin to many African nations, a pluralistic legal system merges customary practices, religious laws, common law, and statutory regulations. While customary and religious laws hold recognition, they remain unwritten, flexible, and often linked to ethnic concerns, varying across communities. Rooted in generations of tradition, these laws seek to uphold positive community values and norms. However, they frequently disadvantage women, despite the presence of traditional justice mechanisms that some argue are more accessible, cost-effective, prompt, and culturally apt. These alternative justice systems are deeply entrenched in patriarchal norms, often excluding women from comprehensive rights, including equitable participation in governance and decision-making bodies. Drawing lessons from post-conflict nations, this paper contends that the transformative potential of constitutions materializes when women capitalize on constitution reform opportunities to redefine the constitutional community's ambit, compelling the state to honor, safeguard, and fulfill women's rights

Fasting: A Complex, Double-Edged Blade in the Battle Against Doxorubicin-Induced Cardiotoxicity.

In recent years, there has been a surge in the popularity of fasting as a method to enhance one's health and overall well-being. Fasting is a customary practice characterized by voluntary refraining from consuming food and beverages for a specified duration, ranging from a few hours to several days. The potential advantages of fasting, including enhanced insulin sensitivity, decreased inflammation, and better cellular repair mechanisms, have been well documented. However, the effects of fasting on cancer therapy have been the focus of recent scholarly investigations. Doxorubicin (Dox) is one of the most widely used chemotherapy medications for cancer treatment. Unfortunately, cardiotoxicity, which may lead to heart failure and other cardiovascular issues, has been linked to Dox usage. This study aims to comprehensively examine the possible advantages and disadvantages of fasting concerning Dox-induced cardiotoxicity. Researchers have investigated the potential benefits of fasting in lowering the risk of Dox-induced cardiac damage to solve this problem. Nevertheless, new studies indicate that prolonged alternate-day fasting may adversely affect the heart's capacity to manage the cardiotoxic properties of Dox. Though fasting may benefit overall health, it is essential to proceed cautiously and consider the potential risks in certain circumstances.

Exploring Religious Harmony Through Dalihan Na Tolu: Local Wisdom in Peacebuilding in Indonesia

This study aimed to investigate the dynamics of religious harmony and the strategies employed by Muslims and Christians in Mandailing Natal to build cohesive relationships through the indigenous cultural framework known as Dalihan Na Tolu. This study employed a qualitative descriptive method. Data collection was carried out through in-depth interviews, participant observation, and a literature review. Data analysis followed the Miles and Huberman model, which includes data presentation, data reduction, and conclusion drawing. The findings showed that the Muslim and Christian communities worked together to build peace and nurture religious harmony in Mandailing Natal. The cultural practice of Dalihan Na Tolu has long served as a foundation for accommodating the multicultural Mandailing society in fostering religious harmony and peace. The role of Dalihan Na Tolu could be seen in three aspects: socio-religious, economic, and customary practices. In these aspects, Muslims and Christians respected each other, fostered cooperation (gotong royong), and adopted a moderate and inclusive attitude towards diversity in their daily lives. Maintaining interfaith harmony through the cultural practice of Dalihan Na Tolu in Mandailing Natal is a crucial social modality that can contribute to peacebuilding and serve as a relevant strategy for preserving religious harmony in multicultural societies.

A Comprehensive Theological and Scientific Study of Gestational Surrogacy

With advancements in science and in response to the desire of childless individuals, surrogacy has emerged as a contemporary method of treating infertility. Intriguingly, due to its novelty, this topic has sparked considerable legal and jurisprudential debate. In essence, this medical procedure involves fertilizing a woman's egg with a man's sperm outside the womb. Subsequently, due to the woman's inability to carry the pregnancy, the embryo is implanted into another woman's uterus. Surrogacy, in fact, is a means for infertile couples to have a child. Through assisted reproductive technologies, an embryo created via in vitro fertilization is transferred to a gestational carrier, who carries the pregnancy to term and then relinquishes the child to the intended parents. In Iran, assisted reproductive technologies are employed when couples, or either partner, experience infertility. In these procedures, the sperm and egg of the legal and marital couple are fertilized in a laboratory, and the resulting embryo is donated to another legal and marital couple. A crucial issue in this context is the determination of the child's parentage, especially maternal lineage. Due to the silence of the law, this matter must be resolved by examining the Constitution of the Islamic Republic of Iran and relevant jurisprudential opinions, as well as the perspectives of legal experts. In this regard, determining the maternal lineage, which involves the biological mother and the gestational carrier, presents a challenge and requires further exploration. The conclusion of this paper is that, based on Quranic verses, hadiths, the principle of freedom of will, the intentions of the parties involved, the best interests of the child, customary practices, and legal principles, the gestational carrier is considered the legal mother of the child.

The Perspective of Shafi'i Fiqh on the Legal Ruling of Giving a Ring in the Engagement Process

Marriage is a fundamental social institution in the context of Islam. In the realm of marital customs, various traditions have emerged, including the presentation of engagement rings. The practice of giving engagement rings has become an important component of marriage proposal ceremonies, especially in Indonesia. However, according to Islamic jurisprudence, particularly within the Shafi'i school of thought, the legal standing of engagement rings requires further examination. This investigation aims to analyze the legal implications of the practice of giving engagement rings from the perspective of Shafi'i Fiqh, while also considering customary practices. The research methodology employed is a legal study with a qualitative approach. Findings indicate that Shafi'i Fiqh accommodates a wide range of customary rituals in marriage, including the exchange of engagement rings. Although there is no specific regulation governing this practice, Islam promotes marriage as a means of building a family rooted in truth, love, and compassion.

Balancing customary practices with constitutional principles: The best interest of the child in south African law

Balancing customary practices with constitutional principles: The best interest of the child in south African law

Dialog Hukum Adat dan Islam: Kritik Syeikh Ahmad Khatib Al-Minangkabawi Terhadap Sistem Waris di Minangkabau

This research discusses the two main forces influencing Minangkabau society, namely custom and religion. The matrilineal system practiced in Minangkabau has significant differences compared to the Islamic kinship system, particularly in terms of inheritance distribution. These differences often become a source of conflict and academic interest, especially among scholars of Islamic law. One figure who firmly opposes the customary inheritance system in Minangkabau is Sheikh Ahmad Khatib al-Minangkabawi, a prominent scholar who served as Imam, Khatib, and teacher in Mecca. This study employs a library research approach with a descriptive analytical method to explore Sheikh Ahmad Khatib's critiques of the prevailing inheritance system. Sheikh Ahmad Khatib argues that customary practices that divert inheritance to nephews rather than biological children contradict Islamic principles. He even equates this action with consuming the wealth of orphans, a deed prohibited in Islam. During his time, there was ambiguity regarding the ownership status of property in Minangkabau society whether it belonged to a father or was property of the clan managed by the niniak mamak. When a father passed away, the inheritance that should rightfully go to biological children often ended up with nephews, leading to injustice. Sheikh Ahmad Khatib's sharp criticism emphasizes the need for reform in the customary inheritance system to align it with Islamic law and protect the rights of children, thereby reducing conflict and injustice in Minangkabau society in the future.

The local wisdom approach in resolving non-performing loans at traditional village credit institution in Bali: a case study during the COVID-19 pandemic

This study explores the role of local wisdom in managing non-performing loans (NPLs) within Village Credit Institutions (VCDs) in Bali during the COVID-19 pandemic. Using a case study approach, the research examines the effectiveness of traditional mechanisms such as awig-awig (customary law) and pararem (community agreements) in maintaining social cohesion and addressing financial challenges. Through qualitative methods, including in-depth interviews with key stakeholders and document analysis, the study seeks to understand how these customary practices contribute to resolving NPLs. The findings indicate that local wisdom fosters community engagement and dialogue, offering temporary solutions to financial problems during crises. These traditional mechanisms promote a sense of collective responsibility and help maintain social harmony by facilitating discussions between debtors and VCDs. However, the research also highlights several limitations. While effective in the short term, local wisdom struggles to enforce sanctions and provide long-term resolutions, especially during severe economic downturns like the pandemic. This issue is compounded by external factors such as Bali’s heavy reliance on tourism, which makes the local economy highly vulnerable to global disruptions. The lack of digital infrastructure and the absence of integrated government support further intensify the challenges faced by VCDs in managing NPLs. The study concludes that while local wisdom remains a valuable tool for crisis management, its effectiveness is constrained in times of prolonged financial instability. For VCDs to achieve long-term sustainability and resilience in future crises, it is essential to integrate traditional practices with modern financial systems. Additionally, stronger government support, including digital infrastructure development and comprehensive financial regulations, is crucial to ensure the sustainability of VCDs. This combination of traditional and modern strategies can help VCDs navigate future economic challenges more effectively and safeguard their role in the local economy.

Konflik dan Resolusi dalam Pembagian Harta Pasca Perceraian di Tanah Pusaka Minangkabau

This research describes a case study from Nagari Koto Tangah, Kecamatan Tilatang Kamang, where the clash between customary law and individual rights became the focal point in resolving shared assets following a divorce. The case involves an intercultural marriage—a husband of Javanese descent and a wife from Minangkabau. After years of marriage and building a house on the wife's ancestral land (Tanah Pusaka Tinggi), their marriage ended in divorce. Although the house was built together, the land, according to Minangkabau custom, could not be sold or transferred to an outsider, including the former husband. During mediation, the wife's family offered compensation to the former husband, but he found the compensation inadequate, leaving lingering dissatisfaction on his part. This study highlights the importance of understanding customary law and individual rights in intercultural marriages. Through a humanistic approach, the research illustrates how Minangkabau customary law protects Tanah Pusaka Tinggi as an integral part of the family's ancestral heritage while also revealing the limitations of legal frameworks in addressing the emotional dissatisfaction that often follows a divorce. By analyzing the perspectives of traditional leaders, religious scholars, and civil law experts, the study proposes a mediation solution that respects customary practices while addressing individual rights. In conclusion, while the conflict is formally considered resolved, the former husband's emotional dissatisfaction indicates that material compensation alone may not achieve full justice. This research recommends the use of prenuptial agreements and legal education on intercultural marriages to prevent similar conflicts in the future.