Marriage Customs Research Articles

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

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

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

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

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

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

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

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

Tradisi Belis Dalam Perkawinan Adat Suku Uma Metan Desa Sisi Kecamatan Kobalima Kabupaten Malaka (Suatu Tinjauan Deskriptif Historis)

This study aims to determine the belis tradition in the customary marriage of the Uma metan tribe, Sisi Village, Kobalima District, Malacca Regency with a historical descriptive review, and to describe the social and economic impacts of the high belis phenomenon. This research uses a qualitative descriptive research type. In the Uma Metan tribe, there is the Kletek Truik traditional marriage which has various provisions regarding the granting of belis to prospective wives. The buying process is inseparable from the agreement between the families. The process of giving belis involves both parties, both the male family and the female family, to provide reciprocal belis so that a good family relationship will be established so that no party is harmed. To be able to influence and maintain the life of the Uma Metan people, because this influence is closely related to individual life such as self-esteem in the family and self-confidence to pay off the belis. The results of his research are that the belis tradition in the Uma Metan tribe must be preserved but even more simplified and what is seen as a value that has essential meaning is maintained, namely that which symbolizes a system of social exchange to express respect for the dignity of a woman's position as a wife, expression of affection for children towards parents who have educated and raised as well as expressions of solidarity between the two umas concerned. Because in the current era, different types of belis, such as silver coins, plates (belak), softren, and muti leaves (morteen) in traditional houses, have started to disappear (disappear) so that everything is cashed out, this causes it to become a burden (debt) for the parties. men with a mediocre economy. So that it has social and economic impacts on the lives of individuals and their families.

Dance and Performance: Performing the Wedding Ritual Outside of Its Context

Marriage is a statute that seeks the reproductive union of the two genders, and the customs that accompany it are performed continuously even to this day. Nevertheless, this is not the case in the community of Pentalofos in Evros prefecture in Greece, where the wedding customs have stopped being celebrated, mainly due to the lack of new people in the community and therefore the lack of weddings. These customs are now experienced in a different way by the members of the cultural association of the community, who represent them outside of their context, in a different time and place. Thus, the aim of this paper is to study the wedding customs in the community of Pantalofos in the Evros region in Greece, treating their representation as a planned performance. The collection of research data was carried out with the ethnographic method, as this applied to the study of dance. For presentation and data analysis Geert’s model of ‘thick description’ was adopted, as in ethnographic method the analysis and interpretation of the data is done simultaneously. Finally, for the interpretation of the research data, the performance theory was used, according to which society can be seen in the light of a dramaturgical perspective, i.e. as a theater, where the performers unconsciously play multiple roles. From the analysis of the data it was found that the revival of marriage customs was a theatrical performance, which included an organizer, two coordinators and many actors. The women of the cultural association have functioned as actors with specific roles and the rituals which they performed was lost a degree of their character, but women experienced the performance of marriage rituals in a different way. For them, the wedding customs were a different experience, in a different reality.

A COMPARATIVE STUDY OF MARRIAGE CEREMONIES AMONG KASHMIRI PANDITS AND KASHMIRI MUSLIMS

ABSTRACT
 Hindus and Muslims have coexisted harmoniously when Islam became the predominant religion in Kashmir since 13th century. The Sufi-Islamic way of life of Kashmiri Muslims and the Rishi tradition of Kashmiri Hindus coexisted and complemented one another, forming a separate ethnic group in which both have some common customs. In Kashmir, the customs surrounding marriage are intriguing. The major events that occur in marriage are the same. It is evident that there are numerous similarities between the rites of Kashmir's Muslims and Hindus, such as the special significance of salt and walnuts and the use of mehendi dye. Both faiths have the Laganchir, Phirsal, Gulmuith, the attire and titles of the Maharaz and Maharein, among other things, in addition to the use of Mehendidye. The goal of the current study is to investigate the historical backdrop of the marriage system used by Muslims and Kashmiri gurus. However, the article's main focus has been on how marriage customs have evolved over time.

A MASKED RITUAL: WEDDING NIGHT VIRGINITY TEST AMONG SRI LANKAN MUSLIMS

The virginity test in the wedding bed is a widespread custom in many cultures and Sri Lanka is no exception. Wedding night virginity testing among Muslim community is camouflaged and masked but prevails. As a result, this study was created to investigate the significance, explanations, relevance, and reasoning for the Muslim marital virginity test as a marriage custom. This study is wholly qualitative. In order to gather data, nine cases were studied in-depth using the snowball sampling technique. One focus group discussion and five key informant interviews were done. The study has shown that the entire virginity test for the bridal bed is a pointless, damaging, humiliating, and unfair practice. The concept of hymenoplasty is barely understood by respondents. Several terms are used to describe virginity tests, such as potti odakkiya (cracking box), pon kulippaattal (bride bathing), etc. The celebration of the virginity test is marked with a breakfast feast, gifts such as gold jewelry, etc. The wedding bed virginity test has been viewed as a harmful habit, encouraging feelings of inferiority and decreasing self-worthiness. Despite gender inequalities, it was proposed that the community at large be educated about the unreliability of wedding bed virginity tests. This study fills a research gap and contributes much-needed empirical data to the academic world by providing an explanatory review on the wedding bed virginity test among Sri Lankan Muslims.

الزواج العرفي بين الفقه الإسلامي والقانون الإندونيسي

Customary marriages, also known as unregistered marriages, are often misunderstood as unannounced (siri) marriages, even though not all unregistered marriages are siri (secret) in nature. This study aims to explain the nature of unregistered marriage, its difference from the syar'i marriage, official marriage and unannounced marriage. At the same time, this study also adresses that customary marriage, even though it is legal according to Islamic fiqh, is not recommended since it contradicts with the Qur'anic commandment regarding the need of muslim to comply with waliyyul amr or those who hold authority. The customary marriage also may results in mafsadat which can actually be avoided by registering marriages according to government regulations. Meanwhile, under Indonesian legal system, customary marriage has no legal justification, and as a result there is no legal guarantee for married couples. As well, this study confirms that customary marriage ignores the legal existence to women and children who will be born, such practise is not in accordance with the purpose of the marriage itself.

Consent and Other Ancillary Matters as Requirements of a Customary Marriage: LNM v MMM (2020/11024) [2021] ZAGPJHC 563 (11 June 2021)

Consent may be seen as a fundamental human right. On the issue of marriage, people should only be married with their consent. A marriage without consent is a forced marriage. Section 3(1)(a)(ii) of the Recognition of Customary Marriages Act 120 of 1998 not only requires consent, but also requires specific consent for a marriage to take place under customary law. The Act is clear that consent to being married under customary law is one of the requirements for validity. If specific consent is lacking, there cannot be a valid customary marriage. This case note focusses on the decision in LNM v MMM where specific consent was one of the issues. It discusses whether consent of the guardian is still a requirement for customary marriages under the Act. It also discusses the required specific consent in detail and then considers the form that specific consent should take, noting that specific consent should not be inferred from the act of negotiating and delivering ilobolo as African people do for a civil marriage. In LNM v MMM the court also held that the handing over of the bride is "not imperative". By this, the court meant that the handing over of the bride was an unnecessary custom. This is not in accordance with the cases referred to in the judgment. This case note will respond to this. Should a customary marriage without specific consent to marry under customary law be annulled?

The Reinforcement of the ‘Dowry for Groom’ Tradition in Customary Marriages of West Sumatra’s Pariaman Society

In contrast to the customary mahar or dowry system in typical Indonesian marriages, West Sumatra's Minangkabau people in Pariaman practice a unique ‘dowry for groom’ tradition, in which the bride pays a dowry to the bridegroom based on his social status. Payment is adjusted according to the social status of the man and is a must for the marriage to take place. This paper aims to examine the persistence and strengthening of the ‘dowry for groom’ tradition in the Pariaman Muslim community in West Sumatra by focusing on three main issues, namely the practice of ‘dowry for groom’ in the Pariaman community; factors that make the ‘dowry for groom’ tradition survive among Pariaman Muslims in the midst of the swift currents of modernization and globalization; and the mechanism of social reproduction of the 'dowry for men' tradition in the Pariaman community. The study is an empirical legal research using sociological theory as an analytical tool. Data is collected through interviews, observation and literature studies. The findings reveal that the reinforcement of the 'dowry for groom' tradition in Pariaman society is supported by several fundamental factors, including the widespread practice and support from the community, religious and traditional leaders, the local government, and the younger generation. The 'dowry for groom' tradition in Pariaman reflects the values of Muslim identity, such as adherence to religious teachings by finding husbands for daughters and maintaining a spirit of mutual aid, while also protecting the Minangkabau institution of ninik mamak (elders) and strengthening women's position as the true "monarchs" in Minangkabau society. Further research could explore more extensive meanings related to the 'dowry for groom' tradition

Studi Analisis Hukum Pernikahan Adat Sunda Menurut Perspektif Islam

Traditional Sundanese weddings have a series of procedures or traditions that must be carried out by the bride and groom and their families before the wedding day and on the wedding day. This activity is not just done, but has its own meaning and purpose which is useful for the lives of the two brides after marriage. So the purpose of this research is how Islamic law deals with things like that. The method used in this study is the interview method. Interviews were conducted online via Google Meet and offline or face to face. After being reviewed by researchers, there are several traditional Sundanese wedding processions that include their illegal laws because they have the potential to cause harm, are not in accordance with Islamic religious teachings and/or approach other religious rituals. The traditional procession in question is ngaras and siraman as well as ngeningan in pre-wedding customs, then the sawer Panganten custom for the Sabada Marriage custom

Fluidity and Hybridity of Customary Marriage Traditions in Contemporary Uganda

The ideology that customary marriages are celebrated according to ancestral traditions and customs is rife in Africa. There is however continuous invention and evolution of institutions associated with customary marriage rendering it burdensome to trace the visibility of ancient ‘traditions’ therein. This argument is anchored in the theoretical perspective of ‘invention of tradition’, to analyse the extent to which the celebration of customary marriages in Uganda has maintained the ancestral ‘traditional’ status quo owing to the influences of colonisation, westernisation globalisation and modernisation. Busoga, a predominantly Bantu ethnic society, is used as a representative case for this analysis. Using a historical and ethnographic approach, it was established that there is a lot of fluidity and hybridity of contemporary traditions upon which these marriages are celebrated. The notion that customary marriages are celebrated based on past traditions is a fallacy, although at best, efforts have been invested to dramatise past traditions in contemporary settings. Key words: Marriage, Customary, Traditions, Culture, Traditional Marriage, Invention, Busoga, Uganda

POST HOC ANALYSIS ON THE INCIDENCE OF CONGENITAL HEART DISEASE IN BAKU-AZERBAIJAN CALCULATED BY A PROSPECTIVE EPIDEMIOLOGY STUDY

Background: The incidence of Congenital Heart Disease (CHD)in Azerbaijan was firstly published following a prospective study, using Echo-2D as a study method, in 2019.
 Aim: Of this post hoc analysis of the first ever prospective epidemiology study that calculated incidence and types of CHD in Baku, Azerbaijan, is to verify the forms of diseases that will have and early clinical impact on the patients and the health system of the country.
 Population-method: From June 2016 to August 2018, 2570, term neonates were screened in 2 major state maternity hospitals in Baku. Their screening was randomized to equal females/males with not known previous obstetric alert regarding CHD. Scanning was done by two teams of pediatric cardiologists by using 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, they detected 47 CHD’s. From them, 17 were critical and severe-CHD and 7/47(14.9%) were of moderate complex. 17/47 (36.2%) were cyanotic and 30/47(63.8%) were non-cyanotic. The incidence of simple CHD was 25/47(53.2%). Analysis of the specific anatomy is presented in table1. The estimated incidence was 1.83%. As this incidence has been among the highest reported a post hoc analysis has clarified and presented an important clinical rate of 1.48% after redacting minimal defects without any clinical significance, as minor PDA’s, ASD II, VSD’s. A post hoc calculation of BAov, revealed an anatomical BAov incidence of 1.65% and a functional BAov incidence of 1.4%.
 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 of CHD. This is among the highest reported globally. The amount of critical and severe CHD after the post hoc analysis increased from 46.8% to 55.3%. The incidence of cyanotic CHD after the post hoc analysis increased from 36.2% to 42.1%. These high numbers are possibly related to an isolated population and conjugated marriage customs of the country. As this represented a state population health burden a post hoc analysis based on clinical important CHD minimized the calculated index nearby 20%.

Educational Values in Seloko Traditional Marriage of the Mersam Community, Batanghari Regency

Purpose of the study: This study aims to examine the value of education because the value of education provides extraordinary benefits for creating a living environment, and can provide the most valuable information regarding outlook on life, the future, and assist humans in preparing their essential needs to deal with change.
 Methodology: This research is included in the qualitative descriptive research. The instruments used in this study are based on the characteristics found in the literature review. These characteristics are grouped based on educational values: having faith in and fearing God Almighty, having a noble character, being healthy, knowledgeable, democratic, and being responsible. The data analysis technique used in this study uses the mark reading technique, namely looking directly at the markers being studied.
 Main Findings: In the customary marriage verses of the Mersam Community, Batanghari Regency, there are six educational values, namely the first is the value of education of faith and piety to God Almighty contained in the verses (1) Apply, (2) Order to Pick Up the Bride, (3) Open Lanse. The value of education of faith and piety to God Almighty is manifested by orders to carry out and obey His prohibitions, be grateful and pray.
 Novelty/Originality of this study: Assessment of wisdom values in the environment is very important to do, because by knowing the wisdom values that are around, this can be an innovation for teachers in implementing learning.

BAUSUNG DALAM PENGANTIN MENURUT HUKUM ISLAM

The author's research is to discover the customs and traditions of the Banjari people in the wedding procession. Customs and traditions related to wedding processions have been practiced by the indigenous Banjars since ancient times from the ancestors of the Banjar tribe. The procession before the Walimahan wedding has a sequence that must be carried out by the bride and groom, starting from Basasuluh, Batatakunan, Badang, Maantar Patalian, Maantar and so on until reaching the Walimatul Ursy stage. The purpose of this study is to find out the implementation of the banjar traditional wedding ceremony tradition in the Banjar community, knowing the importance of wedding traditions in banjar traditional wedding ceremonies. Some traditional scholars and scholars about the tradition of marriage in traditional weddings in Banjar. This research is a field research with an empirical legal approach to qualitative research methods. The data type and source are primary data and secondary data. Observations and interviews are used as data collection instruments. The result of this study is that, first, the implementation of the Bausung tradition has an implied meaning, namely respect for ancestors, maintaining culture and avoiding all unwanted things. Second, the banjar customary marriage process is allowed in terms of Islamic law, it's just that it needs to be restructured to be in accordance with Islamic law, namely. It is believed (aqidah) and also there should be a change of the person who wears it for women, it must be mahram.

Reconciling Lobolo with the Equality Principle: The need to realign official customary law with living customary law of South Africa

Much scrutiny has recently been directed towards African customary law mostly because of its traditionally patriarchal nature, which conflicts with the inalienable constitutional principle of equality. The landmark decision of Mabena v Letsoalo 1998 2 SA 1068 (T) comes to the fore wherein the High Court fostered constitutional values and championed living customary standards in respect of a lobolo dispute. This paper builds on this decision and undertakes desktop research on the potentially unfair discrimination of women in respect of the lobolo practice under official customary law. In this respect, gender validates lobolo under the Recognition of Customary Marriages Act 120 of 1998 (the Recognition Act) in that only the prospective husband or the head of his family has a duty to furnish lobolo while only the bride's family head may receive the lobolo, at the exclusion of all others. In consideration of this, the paper sets out to evaluate whether the statutory gender requirement can survive constitutional scrutiny because it potentially marginalises women. The overarching aim of this paper is to analyse the obstacle that section 1 of the Recognition Act places on prospective brides by hindering them from furnishing lobolo to the family head of a prospective husband in consideration of a customary marriage. Furthermore, the paper also explores whether this prohibition aligns with the needs of contemporary society and whether the prohibition amounts to unfair discrimination. This being said the paper concludes that the Recognition Act's lobolo gender requirement is unjustifiable and violates women's human rights, and law reform is necessary to align official customary law with living customary law and constitutional values.

Possibilities and limitations for an Intercultural Dialogue

This research article sets out to explore Rabai cultural marriage practices in an Anglican Church perspective within Kilifi County, Kenya. It has utilized a number of specific objectives, which elaborates the arrival of the Biblical teachings in Kilifi that turned out to be a fertile ground for Christianity to germinate. It examines the Rabai marriage practices in the light of the Anglican Church’s teachings (hereafter, ‘the duo’) on the same. In retrospect, it surveys the biblical teachings on marriage, assesses the resilience of the Rabai [African] customary practices in light of the strong presence of the Anglican Church who epitomizes ‘modernity’ as opposed to the former who can easily be dismissed as merchants of the past models. The initial research was carried out in Rabai location. It targeted 120 Anglican Church members from the total membership of 360. The interviewed Church members were married under Rabai [African] customary marriage rites. It adapted qualitative research method in collecting data. Explanatory and descriptive methods were used to explore the Rabai [African] customary and Anglican Church’s marriages, hence purposive sampling was equally administered. In retrospect, it was established that customary marriage, or some of its elements, were un-avoidable due to a hotchpotch of marital misfortunes. In other words, there was a progressive interchange amongst the duo, a development that encourages mutual cooperation for socio-strategic purposes. It was thus recommended that although the duo performed their marital rituals differently, their understanding of the same was largely similar. This further upped the game, as the Rabai case study demonstrated a pan-African approach in understanding the culture-gospel debate. Did the Rabai inter-culturation debate speak for the global community? Did the Rabai case speak to the ecumenical society, rather than the Anglican Communion? Did it speak beyond marital inter-culturation? Is inter-culturation the way to go amongst the converted peoples of the world?

Implications of Mixed Marriage in the Perspective of Gorontalo Customary Law and Its Reality based on International Private Law Principles

This paper aims to describe the application of local wisdom values as part of the implementation of the Gorontalo Marriage Customary Law to mixed marriages performed by Indonesian citizens of Gorontalo ethnicity and foreign nationals and to analyze the consequences of mixed marriages according to Gorontalo customary marriage law. The method of data collection was carried out through the stages of inventorying secondary data, tracking primary data through interviews, in-depth focus group discussion, and then analysis qualitatively. This paper uses descriptive analytic methods. The discussion demonstrates that mixed marriage is a family law event that has occurred from time immemorial. It's just that people's understanding of the order of family life is getting wider. This is due to the fact that cross-country personal relations are getting better, which has implications for the family law order from the perspective of local wisdom, especially in regions where the family system is open to other legal systems, including Gorontalo's customary marriage law. Mixed marriages, in the view of the local wisdom of the Gorontalo people, can be carried out through the Gorontalo traditional wedding procession in full if the husband and/or wife submit to the Islamic religion. This is legally obligatory because of the philosophy of Gorontalo customs: "Adati Hula-Hulaa To Syara, Syara Hula-Hulaa To Qurani" (Adat is based on Syara, Syara is based on the Al-Quran), so that every wedding procession that chooses to use Gorontalo's customs contains advice and prayers (for God's sake), which have the value of guidance as stipulated in the Al-Quran. As for the consequences of mixed marriages on Gorontalo's customary law, where one of the bride and groom is a foreigner but not Muslim, they cannot be married according to Gorontalo's customary law; the process is based on Al-Quran values.

Afro-feminism and the Coloniality of Gender in Constitutional and Legislative Drafting: South Africa as a Case Study

Before essential feminist contributions to legal drafting were made, legislative drafters adopted the use of the masculine rule, which established that all genders were implicitly included in the usage of the pseudo-generic third person masculine singulars such as ‘he’ and ‘him.’ In the 1960s, feminism acted as a nucleus for an approach to legal drafting that was inclusive of and thus avoided the erasure of women in constitutional and legislative language. Historically, the concept of gender neutrality has been approached from binary cisgendered and heteronormative perspectives. Legal drafters now have to take cognisance of this evolving reality as there is a growing need for legislation that is gender diverse and non-heteronormative. The Recognition of Customary Marriages Act 120 of 1998 has been subject to criticism for its use of gendered language that excludes queer couples. This article places the development of an understanding of inclusive legal drafting in South Africa within Afro-feminist theory. These theories present a more useful framework for thinking beyond a binary view of language in legal drafting. They also present an opportunity of placing inclusive legal drafting as African, in the face of continued marginalisation and subjugation of gender and sexual minorities on the continent. Using theories such as the coloniality of gender, the coloniality of being and the coloniality of knowledge for deconstructing Western and consequently binary notions of gender neutrality, I suggest an Afro-feminist understanding of drafting that will consequently be gender-neutral in a way that is inclusive of queer people.