Customary Rituals Research Articles

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.

Illegal Logging Eradication in the Perspective of National Criminal Law and Local Wisdom of Manggarai Community

This study discusses illegal logging as an environmental problem, especially in forestry. Illegal logging is a criminal offence, especially in violation of Law Number 41 of 1999 on Forestry and Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction. Illegal logging is also prohibited based on the Manggarai community's local wisdom. The prohibition is motivated by the tradition of the Manggarai community, which utilizes the forest and recognizes the roko molas poco customary ritual. The ritual aims to inform the Manggarai people that anyone who wants to take a tree in the forest must bring a new tree seedling in exchange. This ritual also shows the responsibility to preserve the forest so it is not damaged. However, there are still people who commit illegal logging. This study aims to analyze and find regulations and concepts for eradicating illegal logging from the perspective of national criminal law and the local wisdom of the Manggarai community. The type of study used is empirical legal research. This study is a novelty because previous researchers should have specifically reviewed the role of local wisdom, especially the Manggarai community, in eradicating illegal logging. The results show that the role of criminal law and the local wisdom of the Manggarai community is significant in eradicating illegal logging crimes. Criminal law regulates the provision of criminal sanctions against individuals and groups who commit illegal logging. The same thing also applies to the local wisdom of the Manggarai community, namely the roko molas poco ritual that the taking or utilization of timber forest products must not conflict with the ritual; if it conflicts, then it will be subject to customary fines. Based on this explanation, not only national law has a role in combating illegal logging, but local wisdom law also has a role.

Relevansi antara norma adat dan syariah dalam perkawinan: Studi kasus di Desa Huraba Siabu Mandailing

In Mandailing society, the marriage process is closely related to a highly complex social interaction, where customary norms and Sharia law often interact simultaneously in its implementation process. In the view of Mandailing society in the village of Huraba Siabu, the implementation of marriage is not merely the execution of the Sharia contract, but also involves adherence to various customary rituals. This study aims to explore the relevance between customary norms and Sharia law in the context of marriage, with a focus on a case study in the village of Huraba Siabu, Mandailing. Through a qualitative approach, data were collected through in-depth interviews and participatory observation, followed by descriptive analysis. The study concludes that customary norms and Sharia law often complement each other and sometimes conflict in the practice of marriage in the village of Huraba Siabu, Mandailing. These findings underscore the importance of understanding the dynamics of interaction between customary norms and Sharia law in the context of marriage in rural communities. Therefore, a shift in societal paradigms regarding the interaction between customary norms and Sharia law occurs alongside changes and developments over time.

Acculturation of Local Culture and Islamic Teachings in Bayan, North Lombok Regency A Review of Symbolic Interaction in Cultural Communication

Acculturation of Local Culture and Islamic Teachings in Bayan, North Lombok Regency A Review of Symbolic Interaction in Cultural Communication

Identification of Tri Hita Karana Aspect in Taro Village

Tri Hita Karana is a symbolization of happiness for Hindus People in Bali. To reach the bless from Tri Hita Karana, Balinese people must always make a harmonies relationship with God (Parahyangan), with human being (Pawongan) and with Environment (Palemahan). There are two types of villages in Bali: plain Bali villages, which are younger and found in the island's plains, and mountain Bali villages (Bali Aga), which are older, traditional settlements. Taro Village, one of Bali's oldest traditional villages, is made up of 14 banjars and is renowned for its rich cultural legacy. It also served as the model for the island's subak system. The identification of Tri Hita Karana elements adopted by the Taro Village community is attempted to be explained in this article. This study employed an exploratory qualitative methodology that included literature research and in-person observation. The study's findings demonstrate how Tri Hita Karana is practiced in Taro Village, Bali, as evidenced by the variety of customary rituals and the community's commitment to upholding the harmony of nature, humanity, and spirit in daily life.
 Index Terms— Bali Aga, Taro Village, Parahyangan, Pawongan, Palemahan.

Climbing the Trail to Heaven: Traditional Funerals and Burial Practices in Dane-Zaa Territory-An Ethnographic Account from Northeastern British Columbia

The purpose of this research is to investigate two customary funerals conducted by the Dane-zaa First Nation of Northeastern British Columbia, known as the Doig River First Nation. Both funerals included a lot of drumming, singing, and dancing around the fire in keeping with the Dane-zaa custom. Still, there was one key distinction between the two rituals. The funeral held in 2019 for Janice Askoty was a hybrid service that included a Christian liturgy and customary rituals. Such a ritual highlighted the conflicts that already existed among community members over faith and belief systems. There were no conflicts throughout the Christian service that was part of Annie Oker's 2020 funeral. In this paper, the researcher use the notion of syncretism and my observations to illustrate how Christian practices have been merged with indigenous cultural practices, symbols, and beliefs to create new blended practices. Simultaneously, the researcher highlight how certain customs (such as drumming, singing, and dancing around the fire) have endured to this day because they have not been altered by outside forces. Finally, the researcher discuss how the history of colonialism continues to show itself in funerary celebrations and how the community members view, confront, and resist it.

The Fusion of Culture and Symbolism in Mahapatra's Poetic Expression

A well-known poet in Indian English, Jayant Mahapatra skilfully incorporates cultural imagery and symbolism into his poems to create a sophisticated and nuanced picture of Indian life. His poetry delves deeply into identity, spirituality, socio-economic circumstances, and the passage of time. He frequently employs vivid and evocative imagery to convey these themes' core effectively. By bridging the personal and the global, Mahapatra's deft use of symbols, whether derived from natural elements, human anatomy, or customary rituals, offers profound insights into the human predicament. The poetry of Mahapatra is collected in a wide variety of works, all of which add to a complex picture of India's spiritual and cultural landscapes. In addition to showcasing India's diverse cultural heritage, Mahapatra's poetry through apt use of symbols and images critically examines how societal conventions and cultural traditions shape and frequently restrict people's lives.

Senieji žmonės XIV–XVI a. Lietuvos Didžiosios Kunigaikštystės istorijos šaltiniuose. Kas jie?

Various sources of the Grand Duchy of Lithuania (GDL) from the 14th–16th centuries quite frequently mention the old people. The author proposes a hypothesis that these individuals could have been connoisseurs and custodians of the customary law and the old tradition. They testified in the treaties between the GDL and the neighbouring countries, in which the borders of the states were determined, because, at that time, the “correct” borders were considered those that had been established for a long time, i. e. by the customs. These people tried to remember and indicate these borders. The old people used to participate in the GDL courts, in which issues of ownership, land boundaries, obligations, and evidence of the noble origins of the families were examined. Their primary task was to remember the “real” facts, i. e. the old ones. They did not attend the courts often, but, if necessary, the court officials would go and question them. Interestingly, the personal names of the old people who testified at courts were written down extremely rarely and for some reason these people usually remained anonymous. In addition, their age and the exact number of the old people who participated were rarely indicated. Some sources allow us assuming that in the courts, the old people were not only witnesses who remembered a lot and could speak about the past; they also represented the old customary law. At that time, the GDL courts were characterized by formalism, various customary rituals that distinguished between the examined events and emphasized their significance. Perhaps the old people observed what was said in the courts and how the other members of the community behaved, ensuring that things were done according to the established ancient norms. Thus, alongside the written law of the GDL, elements of the customary law also existed.

Nilai-Nilai Islam dalam Tradisi Pernikahan Masyarakat Etnis Melayu di Tanjung Balai

Marriage customs serve as a tangible manifestation of the confluence of Islamic values and local culture, combining into a unified sacred process. This study explores the wedding traditions of the Malay ethnic group in Tanjung Balai, including their historical roots, customary rituals, and their correlation with Islamic values. The research aims to provide a comprehensive description of the marriage culture commonly practiced by the people of Tanjung Balai, while also expanding scholarly insights into the integration of Islam and Indonesian culture. Remarkably, these traditions have endured for a significant duration and have ties to the spread of Islam from the Sultanate of Aceh. This qualitative research, utilizing anthropological and historical research methods, involves four phases: heuristics (source collection), source criticism, interpretation, and historiography. The study concludes that Islamic values incorporated into the wedding traditions of the Malay ethnic group in Tanjung Balai have influenced the orientation of local cultural values towards an Islamic context. Furthermore, the evolution of this culture over time represents a gradual adaptation to changing societal dynamics, drawing inspiration from the local indigenous community.

Study of Shamanic Witchcraft (Santet) Culture in the Indonesian Archipelago

Various ethnic groups in Sumatra also possess shamanic traditions that involve traditional rites and the involvement of shamans or individuals with specialized skills in countering black magic. Each of these ethnic groups possesses distinct practices and beliefs. The Batak tribe has diverse ethnic subgroups, including Toba Batak, Karo, Mandailing, and others. Within Batak culture, there exist shamanistic rituals, and individuals who perform these rituals are referred to as "datu" or "Batak shamans." The shaman has a crucial function in upholding social and spiritual equilibrium within society. They possess the ability to retaliate against dark sorcery or provide healing for ailments through their expertise and spiritual wisdom. The Minangkabau tribe upholds robust traditional customs, which encompass shamanic rituals associated with the veneration of ancestors and nature deities. Within Minangkabau society, there exist individuals known as "bundo kanduang" who possess specialized expertise in countering the effects of black magic and healing ailments by traditional means. The Bukit Barisan tribe is an indigenous population dispersed over the Bukit Barisan region, encompassing a significant portion of Sumatra Island. Their religious system encompasses shamanic ideologies and rituals that revolve around the veneration of nature spirits and ancestral figures. Shamans, or spiritual leaders, play a crucial role in upholding social and spiritual equilibrium within their communities. It is crucial to bear in mind that these shamanic rituals exhibit variations among different ethnic groups and subgroups in Sumatra. Moreover, the impact of religions like Islam and Christianity has also had an influence on certain shamanic activities within these communities. Shamanic practices encompass a range of functions, including customary rituals and endeavors to address societal and metaphysical discord. Gaining insight into this cultural legacy and shamanistic customs enables us to value the cultural variety in Indonesia and the ongoing evolution and adjustment of various cultures in response to changing circumstances.

Communication Challenges in the Baatar Jujuran Tradition of Banjar Tribe Marriage with the Concept of Symbolic Interaction

The Banjar tribe has a series of marriage traditions, starting from basusuluh, badatang, bapayuan, to baatar jujuran. During the baatar jujuran process, interpersonal communication takes place between the men and women, accompanied by several symbolic Banjar customary rituals. This research aims to explore the challenges and barriers to communication in the baatar jujuran tradition in Banjar tribe marriages in Banjarmasin City. This qualitative study is analyzed using symbolic interaction theory. Informants are selected from community groups, cultural experts, and religious leaders through purposive sampling. The baatar jujuran tradition is no longer highly regarded in its execution in Banjarmasin City and is not considered a marketable value due to the weakening of Banjar culture and customs in the city. No communication barriers were encountered in the baatar jujuran process, whether due to differences in language, ethnicity, individual characteristics, or the COVID-19 pandemic. In terms of interpersonal communication, the most crucial aspect is that both parties can understand the purpose of the conversation. The communication process in baatar jujuran during the pandemic with health protocols did not hinder the baatar jujuran process. Positive perceptions from all those present and equality in the baatar jujuran process support more effective communication during the pandemic

Consumptive and Non-Consumptive Uses of Water Beetles (Aquatic coleopterans) in Sub-Saharan Traditional Rituals.

The use of wild animals in customary rituals and as a sustenance resource is a longstanding tradition within sub-Saharan Africa. The emergence of commercial trade, has, however, created unattainable demands and has led to the overexploitation of animals. These demands are threatening the conservation of animal species exploited in this trade. Comparatively little research effort has been dedicated to invertebrate species, and, specifically, their non-commercial uses. We explored the uses of water beetles in traditional rituals. We investigate the extent to which each of the non-commercial uses of water beetles exhibits consumptive and non-consumptive use features. The concepts are contested as their application for describing human-animal interactions has been challenged because of insufficient physiological and conservation data on the implications for animals of such interactions. The inadequacy of the available data pertaining to the use of animal resources was particularly pronounced. Most research efforts are skewed towards vertebrates at the expense of invertebrates. Regardless, the study shows that most non-commercial exploitation and uses of water beetles were mainly non-destructive and, if consumptive, the uses could be described as mainly non-lethal consumptive or sub-lethal consumptive. Rituals that could be described as lethal-consumptive comprised a smaller fraction of the uses of water beetles.

Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java

Introduction: The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research: In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).

Cultural Myths of Mota Uwi Water Resources in Making Social Investigation: A case study in Ngalukodja Village, Indonesia

The study aimed to discover the mythological culture of Mota Uwi Springs in achieving social order in Ngalukodja village, Indonesia. This is sociocultural research; data collection is done through observation and in-depth interviews with the snowball informant technique. The results showed that the sociocultural system and magical religious rituals were seen in people's lives that aimed to keep people from exploring forest products around the spring site, cutting trees for building materials and firewood. The public believes that if entering the source of the spring without customary rituals, natural disasters or calamities will befall the individuals who do it, even their families. The origin of the springs has been guarded by ancestral spirits for hundreds of years, defending the descendants who inhabited the Ngalukodja territory. The myth can realize the social order in maintaining the destruction of forests and springs and recognizing the continuity of the university, understanding the welfare of society and the common good.

A place for traditional and customary practices in funerals during and post COVID-19: Insights from South Africa.

President Cyril Ramaphosa and his government declared a National State of Disaster, and banned large gatherings to help contain the spread of coronavirus on March 21, 2020. Less than a week after he banned large gatherings to help contain the spread of coronavirus. Families were also encouraged to bury their deceased loved ones as soon as possible after they leave the mortuary. This left families with little to no time to grieve and execute certain expected customary rituals, some of which are performed on the deceased. Families were prohibited from handling the remains of their loved ones and assigned people by the government assumed that role. The bodies of deceased COVID-19 patients were carefully transported and covered in body bags, but in terms of custom, they should be wrapped in a cow skin or blanket according to customary rules. According to African customary law, close family members should be present in the same room as the deceased and perform rituals to ward off evil deeds performed by those who encounter the body. The worldviews of South African people towards conducting burials was thus disrupted by the COVID-19 regulations. Embalming was also discouraged to minimize interaction with the remains. This paper relied on secondary data from the relevant literature, such as official documentation, scholarly articles and news articles. The paper asserts that the COVID-19 regulations have altered the way people in South Africa perform their traditional funerals. It also describes the difficulties people faced while burying their loved ones according to the strict COVID-19 guidelines which compromised most of the traditional and customary practices. The paper further looks at the funeral processes post COVID-19 and emphasises that people have been led by the spirit of Ubuntu to continue with their traditional ways of conducting funerals that are centred in African spirituality.

Balancing Perspective of the Woman Protagonist Between Traditional Approach and Economic Independence in Manju Kapur’s Novel: Home

The place of women in her household and within her society has always been persisted a matter of conflict not only in Indian environment but throughout the world civilization since the very primitive times of human enlightenment. The spiritual ideologies of every religion and the constitution of India inspired by the different religions generally advocates that every person must have the equality in every sphere of life and some essential rights of their own to live their respective lives with self-respect and self-reputation, being a member of his/her corresponding community. But the social construct of every civilization has ever been dominated by the customary rituals of every socio-cultural phenomenon as well as the mind set-up of people belonged to every conventional society. These socio-cultural constructs may vary from one community to the another. With the impact of education, advancement and modernization prevailed in most of the societies, the outlook of the community has been changed for the reputation and place of the women resulted to their growth in every domain of life but some orthodox communities are still there and these do not want to confer the freedom and equal rights to women of their community for which they actually deserve. These women of the said communities have been victimized to their exploitation and in their miserable predicament. They are not only harassed in the previous past historical context of the society but are being dominated and prosecuted in the present civilization also. These women are still expected to lead their lives as slaves to their traditional households and to work or to dance like the puppets according to the directions of their male-counterparts of orthodox patriarchal system of the civilization being continued as the custom of the conventional society. Even though, these women of the society might be well-educated, might be employed in different professions, such as; successful teachers, administrators and business-women etc., who are showing their dexterity in every walk of life as no any field has been left behind where they have not shown and proved their effective contribution to society for its growth, development and welfare etc. But still, they are lacking to establish their own independent identity within their household and their distinctive communities. They are educated enough, who have been come out of the thick darkness of their illiteracy, stupefaction and ignorance by piercing the rays of hope through education and economic growth towards their upliftment. These women have made their sincere endeavours towards their well-being but unfortunately, they are still a failure category to secure for themselves a respectable and reputable place within the male members of their own households. There they are still considered as an essential usable asset to run the households skillfully without raising their voice even a little. In short, they have been freed from illiteracy but they are still in the bound of the traditional patriarchal; system of the society. These women have become an earning member for their families, who are working inside and outside of their homes to serve and feed their families but still they are the part of their humiliation, exploitation and oppression under the mental set-up of the traditional patriarchal system of society. Hence, there is no any other way by which they may escape themselves from the clutch of traditional bounds over them. Subsequently, they have to make balance between their little economic independence with the traditional outlook of the society and of their familial households.

Mutual Cooperation in the Batagak Pangulu Tradition (Information of Penhulu) in Minangkabau

The Batagak Pangulu ritual (the prince's inauguration) is one type of Minangkabau traditional ceremonial tradition. This traditional celebration comprises customary rituals that are quite expensive. The costs could reach 100 million rupiahs or even more, depending on the size of the event that the clan members put on. utilizing a qualitative approach to data collection for this study. Sources of information include traditional leaders and Minang people who have undergone modification by researchers. The study's findings indicate that the Pangulu Batagak ceremony may be held and that the headman and clan members will cooperate to reduce the high costs. It is difficult to perform the Batagak Pangulu rite without cooperation (gotong royong). The killing and preparation of buffalo to be fed at the prince's inauguration is another example of this kind of reciprocal collaboration. Similar to how preparation takes place, mutual cooperationis evident when clan members work together to clean up the area and prepare the adat hall. The study concludes that the Batagak Panglu tradition must be preserved as an ancestral culture because doing so can help the Minang people maintain their ability to collaborate or work together in all of their endeavors.

Ashabiyah Polarization of the Religious Diversity of Tanon Community Kediri

Ashabiyah is the most crucial thing in building integrity in the community's social life, especially in religious life. In Indonesia, various kinds of religions have developed, and differences in ethnicity, race, and language are unique features and challenges for the people of Indonesia. What's more, when talking about religion which is very risky in the history of the world and even in Indonesia, discrimination, violence, intolerance, and violence in the name of religion often become prolonged conflicts. Therefore, this research is presented as a sample form of the polarization of ashabiah from the Tanon community, which has differences in one social unit, even at a more micro level, that's the family. This research is qualitative research with a phenomenological approach as the chosen approach. The design strategy that the researcher uses is to identify the nature of a community phenomenon based on the experiences of individuals who are members of the Tanon Village community, Papar District, Kediri Regency. The theory used is Talcott parson's theory of structural functionalism. The results of this study indicate that the function of the religious elite, abangan, and the Tanon community in the salvation system is one of the forums for building religious harmonization. In addition, the religious elite, in conveying their spiritual teachings from each religion, recognizes religion as a universal truth in Tanon society. The last is a customary ritual, and cultural traditions are a means of latency for the people of Tanon Village in forming a harmonious social life.

Study of Theory Based on Security at Silimo Settlement in The Baliem Valley of Papua

In the Baliem Valley, Papua, the tradition of tribal wars in the culture of the Hubula tribe in the past is related to the concept of site selection, spatial planning, and building form in the Silimo settlement. The problem in this study is how the selection of location, spatial planning, building form, and territoriality become the concept of security in a traditional settlement. The purpose of the study was to determine the security concept in traditional Silimo settlement that consists of site selection, spatial planning, building form, and territoriality based on security theory in settlements. In answering the problem of this research, the researchers use qualitative research methods. The researchers also use a phenomenological approach to explain or reveal the meaning of concepts or phenomena of experience based on the awareness that occurs in several individuals related to security in the Silimo settlement. The theories used in this research are the security theory in crime prevention and the theory of defensible space. The result of this research is that security theory can explain that the selection of location, spatial planning, and building form in the Silimo settlement of the Hubula Tribe in the Baliem Jayawijaya Valley was built based on the traditional conception of security. The concept of security in the Silimo settlement can be realized by: 1) The concept of territory as a defense space and territory as a territory of power; 2) The concept of space as a personal space and a public space: 3) The concept of Kinship, confederation, norms, customary rituals, which become the Patterns and Concepts of Space and Building Forms and Constructions are forms of Social Relations, Natural Relations and Ancestral Relations, to actualize a security system in Silimo settlement.

THE SUMMANG SALAK MARRIAGE HELD BY HINDU KAHARINGAN DAYAKS IN SOUTH BARITO

<span>Marriage is an inner and outer bond between a man and a woman who will get married. It must get permission from both parents. It also happens on </span><em>Summang Salak </em><span>marriage. Along with the development of the era, </span><em>Summang Salak </em><span>is almost extinct and it has never been done again by the Hindu Kaharingan Dayaks of South Barito. It is because this kind of marriage is considered bad and needs to be avoided. In addition, it contradicts traditional and religious norms. </span><em>Summang Salak </em><span>is a marriage that results from being pregnant outside of marriage and they have a very close family lineage. It used to be very popular among Dayaks because they believed that it would have an impact, both on the descendant and on the people around it. There would be penalty for those who violated and made problems. They were fined and carried out some rituals to purify the area so that everyone would be free from obstacles and calamities. There are four things happened if </span><em>Summang Salak </em><span>is carried out without some customary processes and rituals, such as (1) being attacked by </span><em>sarit sampat </em><span>or disease outbreaks, (2) being hit by various disasters, (3) rice fields or agriculture are wiped out by pests on a large scale, resulting in crop failure and (4) fruit crops will not be ripe (</span><em>ore walang</em><span>) properly. </span>