Marriage Matters Research Articles

Primbon Pernikahan Masyarakat Jawa Desa Suka Mulia Kecamatan Tungkal Ilir Kabupaten Banyuasin

This study describes the meaning of primbon in marriage in Javanese society in Suka Start Village, Tunggal Ilir District, Banyuasin Regency through cultural diffusion as well as describing marriage according to Islam. Primbon are the prophecies of the ancestors of the Javanese people that have been preserved until now and have spread due to transmigration during the Suharto people's government. Evidence of the existence of primbon can be found from Javanese primbon books that regulate people's lives. The framework of thought is needed to provide an explanation of the object (variable) of the subject matter in order to be more detailed, the main issues include: 1. The religious system of the people in Suka Mulia Village towards Javanese tradition and the way of primbon calendar in general. In this study there are several stages of data collection methods, history, such as observation, interviews, documentation and data analysis to reveal a research regularly and accurately. The theory used in this study uses the symbol theory, because primbon is part of a symbol that has its own meaning for the Javanese people. The object/variable to be studied is interpreting the marriage primbon script and the meaning of the primbon which has symbols. The results of this study reveal that in determining a good day (in this study, the matter of marriage), Javanese people believe in ancient primbon and predictions of good days in the implementation of marriage and the consequences of these violations so that primbon has an important meaning for the Javanese people.

Церковное и государственное строительство на Восточном Кавказе во второй половине XIX века (по материалам проповедей протоиерия Николая Котляревского)

The study of confessional issues in the Eastern Caucasus, using the example of the activities of Archpriest N.V. Kotlyarevsky, the study is devoted to, it examines the issues of moral development of the Orthodox population of the Eastern Caucasus, the ideological role of clergy in matters of family and marriage, and public service. The Orthodox clergy in the Caucasus was an integral part, the base for the implementation of the Caucasian policy in the region. The integration component of the Caucasian policy has become a priority, especially in the period from the 1930s. XIX century, when as a result of acculturation processes there was a change in management vectors - from the military-political subordination of the region to its development, by means of involvement in the trade, economic, cultural field of the empire, and the formation of a socio-cultural space. Acculturation processes, both state and domestic, came to the forefront of state policy in the region. The paper highlights the issues of the place and role of the Orthodox clergy in the spread of education in the region, charitable activities, especially in the second half of the 19th century, which was due to the influx of the empire's resettlement policy into the region. The Orthodox clergy of the Caucasus became the conductor of the state acculturation of the region, supervising the issues of matrimonial ties, the revival of Orthodoxy, its spread in the region, the value orientations of family and marriage, as well as state initiatives and practices in the Eastern Caucasus.

PERTIMBANGAN HUKUM DALAM PENETAPAN PERKARA PERMOHONAN ISBAT NIKAH DI PENGADILAN AGAMA

The phenomenon of marriage of siri or marriage under the hands is still a lot happening among our society, whether done by ordinary people and figures known public. Issues surrounding siri marriage are still the subject of much discussion, especially if the practice is done by people who are well known by the community. In essence siri marriage from a religious perspective is valid, if the pillars and conditions are met. But in order to maintain order, the state has the right to regulate marriage matters, so marriage should be registered on the Registrar (for Muslims). For those who do not register their marriage, legally the marriage state is considered to have no legal force.

“What Do They Say in Mosques? Islamic Discourse on Limiting Ritual Expenses”

This article examines the changes in religious policy, Islamic beliefs, religious life, national values, and family rituals in Uzbekistan during the years of independence. Particularly, it analyzes a series of fatwas, guidelines, and theses on Friday prayer topics published by the Office of Muslims of Uzbekistan in recent years. The author substantiates the amalgamation of religious and national perspectives in Uzbek family rituals, encompassing childbirth, marriage, and mourning ceremonies, drawing on ethnographic materials. Furthermore, it delves into the views of Islamic scholars and imams concerning the reduction of specific expenses and extravagances in these rituals, citing examples from Friday prayers and various social networks. Through anthropological observations of modern Uzbek society, including Muslims' public activities, Friday prayers, neighborhoods, and community events, as well as through various TV talk shows and radio broadcasts, the article explores "Aqiqa" ceremonies, circumcision weddings, marriages, and mourning rituals conducted by Uzbek imams in matters of family and marriage. The author highlights the discussions of "Amru Ma'ruf" topics during ceremonies, widely debated on mosque websites, imams' pages, and social media platforms (Telegram, Facebook, Instagram). The article underscores the impact of Islamic scholars' and imams' ongoing efforts, noting changes in the balance of expenses in the ceremonial life of the Uzbek people, particularly evident in marriage ceremonies. Moreover, it analyzes changes and transformative processes in Uzbek family rituals from the perspective of ritual economy.

Peradilan Agama di Indonesia Pasca UU Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas UU Nomor 7 Tahun 1989

This research aims to reveal and analyze the existence of Religious Courts as a robust and equal branch of judicial power alongside other courts, as regulated by the Judicial Power Law. Religious courts are one of the judicial bodies exercising judicial power to enforce law and justice for people seeking justice in specific cases involving Muslims, particularly in matters of marriage, inheritance, wills, gifts, endowments, zakat, infak, alms, and sharia economy. The factors supporting the existence of religious courts are based on changes in Law Number 7 of 1989 to Law Number 3 of 2006 and Law Number 50 of 2009 concerning Religious Courts. With these changes, the institutional existence of Religious Courts has been strengthened as their adjudicative authority has been expanded, making their institutional presence as solid as other courts. This expanded authority elevates the status of Religious Courts as a medium for maintaining their institutional existence. The hindering factors include the limited physical and non-physical facilities, such as human resources (HR) that are not evenly distributed in quality and quantity within the Religious Courts, and the fact that many judges in the Religious Courts do not yet fully master civil law and civil procedural law. The amendment of Law Number 50 of 2009 brought significant changes to the judiciary in Indonesia, including changes in the position and authority of religious judges. The position of judges post-amendment of Law Number 50 of 2009 is regulated by the Supreme Court, in accordance with Law Number 48 of 2009 concerning Judicial Power, which places Religious Courts alongside other courts under the Supreme Court. Additionally, the Judicial Commission exists to uphold the honor, dignity, and conduct of judges, providing external oversight of judges.

Local Wisdom and the Traditional Marriage Law of Osing Kemiren Village in the Era of Information Technology

Kemiren Village is one of tourist villages. It is located in the eastern tip of East Java province. It was chosen as the traditional tourism village of the Osing tribe because Kemiren village was still very substantial in maintaining the preservation of Osing customs, traditions, arts and culture, and the pattern of the social life of its people. This form of local wisdom was manifested in various aspects of life, both in the sacred and profane realms. Various traditional rituals continued today, such as the barong ider bumi ritual, tumpeng sewu, ten ewu coffee and the gedhogan festival which conveyed the meaning of gratitude for crops, asking for protection from epidemics and diseases as well as brotherhood with fellow villagers and guests who attend the event. The people of Osing Kemiren village have still maintained the preservation of customary law to this day, both in matters of marriage and inheritance. The information technology era that was currently developing has had a positive effect on the people of Osing Kemiren village, namely to promote Osing Kemiren village as a tourist village, as well as to encourage progress in other public services. However, it does not affect behavior in daily life as well as customary laws and habits that apply among the Kemiren village community.
 Keywords: Kemiren village; customary tourism village; local wisdom; customary laws; the digital age

Contradiction of CIVIL Code with Islamic Law Regarding Children Guardianship Outside Marriage in Indonesia

Basically, child custody is the responsibility of both parents; however, in reality, in Indonesia, not all parents do it or get it. Many children do not get protection and rights, even though the related regulations already belong to the Indonesian state. It turns out that this can happen because of various factors that influence one of them related to legal marriage according to Civil law and Islamic law, there are differences between the two regulations. For example, according to civil law, marriage is legal if it is registered with the state, while in Islam it does not have to be. Under the existing rules, this causes an inequality between protection and the rights obtained by children. Based on these problems, this research was conducted to conduct an analysis related to civil law and Islamic law in Indonesia, which regulates child guardianship for children who are considered born out of wedlock, using qualitative research methods. The results obtained from this research show that according to civil law, marriage must be registered with the state to protect child custody and provide clear legal protection, not only for children but also for wives. Meanwhile, according to Islamic law, a marriage that cannot be registered with the state still has a valid law, for example, Siri marriage or underhand marriage. However, in both civil and Islamic law, it is clear that a child in this condition can only have a bloodline relationship between the mother and the mother’s family. The biological father cannot be the guardian of the child. The current condition of society, which tends to take the matter of marriage lightly by ignoring marriage registration and so on, should receive special attention from the government. In this case, the government can more often provide premarital counselling and/or outreach related to marriage in Indonesia. Also, it is very important to increase public awareness.
 Keywords: child born out of wedlock, marriage, custody

Unity in Diversity: Navigating the Path towards UCC in India

Adopting a Uniform Civil Code (UCC) for all Indian citizens has once again gained prominence in national political discourse. On the surface, the idea of enforcing a uniform code in matters of marriage, property inheritance, and guardianship of children appears entirely consistent with the ideals of equality and India's constitutional philosophy. However, its implementation is fraught with many challenges. This paper aims to highlight the complexities surrounding the proposed implementation of the UCC in India. If successful, it will be a transformative legal initiative that will replace varied personal laws based on religious tenets with a unified legal system. This paper employs doctrinal research methodology and analytical and critical legal research tools. Through doctrinal analysis, the paper uncovers the multiple implications of adopting UCC, ranging from balancing constitutional ideals of equality to preserving the socio-cultural diversity of the Indian populace. The findings indicate that although the adoption of UCC could raise serious concerns about cultural homogenization and the violation of religious freedoms, particularly concerning India's religious minorities, it also offers potential benefits in terms of national integration, gender equality, and the simplification of the legal framework. In order to reconcile these competing interests, the paper concludes with the observation that implementing the UCC in India would require a sensitive and inclusive approach that respects the country's religious and cultural diversity while striving toward the constitutional promise of equality and justice for all citizens

STUDI ANALISIS HADIS TENTANG MENIKAHI WANITA KARENA EMPAT PERKARA MELALUI PENDEKATAN SOSIOLOGI

Nowadays many people, especially young people, do not really care about religious guidance, including matters of marriage. Most of them only pay attention to things such as the physical condition or wealth of a woman and it is not uncommon for them to no longer consider important things such as heredity and religion of the woman who will become her potential partner. So that there is degradation in the selection of a life partner, thus causing various problems to occur in a household, ranging from disputes that occur because of different opinions or beliefs to domestic violence which will lead to divorce. This paper will explore the meaning contained in the hadith about the four cases of marrying a woman from a social perspective. This research will use the library method through hadith literature and books relating to the hadith. The author also uses a sociological approach in understanding this hadith to gain a new understanding, but not out of the context of the hadith. The results of research from understanding this hadith are that a man who wants to marry a woman and make her his life partner should pay attention to four important things that exist in a woman, namely, her wealth, lineage or lineage, her beauty both physically and morally and her religion. The most important thing to consider in marrying a woman is her religion. Because by practicing religion properly, a sakinah marriage life will be achieved.

Tradisi Pernikahan Adat Banggala ditinjau dari Teori Kepatuhan Hukum

The matter of marriage involves various traditions in different regions based on their respective customs and beliefs, which may not necessarily adhere to Islamic law. Marriages within communities sometimes still involve the union of family members. One such village, Kampung Banggala, continues to practice marriages involving individuals under the age of 19. This research employs a qualitative research design with a sociological legal approach to analyze issues within the community. The research instruments include observation, documentation, and interviews. The findings indicate that the residents of Kampung Banggala still adhere to Sharia law, allowing marriages when individuals reach the age of maturity and express interest in the opposite gender. The occurrence of marriages in Kampung Banggala is attributed to parental matchmaking, aimed at maintaining family ties, and a desire for proximity when their children establish their own households. The compliance with legal norms in the community is analyzed through three indicators: the knowledge and understanding of the community, the importance attached to the enforcement of the law, and the tranquility in their lives. In conclusion, the researcher finds that marriages in Kampung Banggala, Kalijati Subang, remain guided by Hadith and the Sunnah of the Prophet. Therefore, they marry off their children in accordance with Sharia when they reach maturity.

Interfaith Marriage Between a Muslim Man and a Woman from People of the Book According to Article 40 C of the Compilation of Islamic Law (Analysis of Decision Number: 959/Pdt.P/2020/PN. Bdg., Dated. 2 December 2020

Interfaith marriage is a very sensitive issue to discuss. The debate over the rules for interfaith marriages is caused by differences in interpretation of the verses of the Koran which explain the laws of marriage. Scholars agree that the marriage of a Muslim woman to a non-Muslim man is invalid. Regarding the marriage of Muslim men to non-Muslim women, there are differences of opinion. If the woman is a Mushrik woman then the marriage is invalid, whereas if the woman is a People of the Book, there are still scholars who view the marriage as valid and there are also those who view it as invalid. With various considerations, both from the verses of the Koran, the hadith of the Prophet Muhammad, and the rules of fiqh, the Compilation of Islamic Law (KHI) as a guide for Religious Court judges to decide cases regarding matters of marriage, inheritance and waqf among Muslims has prohibited firmly and clearly the marriage of a Muslim man to a woman from the People of the Book and vice versa, the marriage of a Muslim woman to a man from the People of the Book. The result of this prohibition is that children resulting from interfaith marriages are classified as illegitimate children who do not have any relationship with their father and only have a civil relationship with their mother.

Absolute and Relative Competence in Religious Jurisdiction in Indonesia

The religious judiciary has undergone significant changes following independence. The emergence of regulations has greatly promoted progress in the field of religious judiciary in civil matters. Of particular concern is the competence of the religious judiciary, which has been renewed in line with the evolving times. In this study, we will elucidate the competence of the religious judiciary in Indonesia, taking into account the results of legislation applicable in the field of religious judiciary. The methodology in this study is a literature review, based on conceptual or normative research. Primary data in this study consist of literature studies or the examination of literature (books, journals) and research results related to the research object. The analysis used is descriptive analysis, conducted in a structured and systematic manner. The research results show that the absolute authority of the religious judiciary to examine, decide, and settle cases for the Muslim community in matters of marriage, property transfer, and Sharia economics. The material legal content in the religious judiciary has undergone numerous updates through legislation, ministerial regulations, and circulars from the supreme court. Meanwhile, the relative competence of the religious judiciary is the legal jurisdiction for the orderly functioning of the judicial system.

Practical application of the reciprocity principle in the recognition and enforcement of foreign judgments in civil and commercial matters in Vietnam

The reciprocity principle was first introduced in Vietnam by Decree 83/1998 to allow for the recognition of foreign non-executionary judgments, decisions on family and marriage matters in Vietnam. It was then adapted in the first Civil Procedure Code in 2004 and was later modified in the current Civil Procedure Code for the purpose of recognition and enforcement of foreign judgments from non-treaty countries. This article examines the practical application of this reciprocity principle in Vietnamese courts by analysing cases in which they have recognised or denied recognition to foreign judgments in civil and commercial matters (that is, non-family matters), as well as a recent development in the Supreme Court’s Resolution Draft on guidance on the recognition and enforcement of foreign judgments, which adopts a presumed reciprocity approach. The article concludes that the courts have not applied the reciprocity principle in a consistent manner. The resolution for this current problem is for the presumed reciprocity approach to be promulgated soon to facilitate a uniform application in the local courts.

Analisis Putusan Mahkamah Konstitusi Nomor 68/PUU-XII/2014 tentang Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia

The validity of marriage in Indonesia is considered to have religious overtones, religious elements that dominate the requirements for a valid marriage, so there is a degradation of the achievement of the unification goal of the Marriage Law which refers to the uniformity of holding marriages for every citizen. Pluralism in Indonesia with its diversity of ethnicities and nations is not actually an obstacle for a woman and a man in Indonesia to get married. The vulnerability to interfaith marriages is quite high due to the large number of religious diversity that is recognized by the constitution but interfaith marriages are marriages that are prohibited and not recognized by the Marriage Law in Indonesia. In the perspective of Human Rights (HAM) religious marriage is not prohibited and freedom is given to brides and grooms of different religions to be able to carry out the marriage (non-derogable rights). This research is a legal research (doctrinal research) with a conceptual approach (conceptual approach), the legal approach (statues approach), and the case approach (cases approach). The results of this study explain first, the Court, in the life of the nation and state based on Pancasila and the 1945 Constitution, religion is the basis and the state has an interest in matters of marriage, it cannot only be seen from a purely formal aspect, but must also be seen from a spiritual and social aspect. Religion determines the validity of marriage. Second, interfaith marriage is part of the universal right that every individual has to carry out marriages to brides of different religions and marriage is part of a right that cannot be limited and reduced by differences in religion.

Российский парадокс религии и рождаемости. Спецификация проблемы и разработка объясняющей гипотезы

This article focuses on the specification of the hypothesis of the relationship between religiosity and fertility in Russia. On the surface, the situation looks like a paradox: (1) Churches and religions are generally known to support childbearing values; religious people are believed to have more children than non-religious people. (2) In Russia, however, religiosity has been growing in recent years, but fertility rates have been falling.Despite the fact that in contemporary Russia a large part of the population identifies with Orthodoxy and the number of such people is growing, family and marriage norms characteristic of Orthodoxy, in particular those related to the ideal of large families, are not actually being realized. This article proposes to consider mechanisms that might explain this circumstance. In order to specify the hypothesis of the potential influence of religion on fertility, a literature review was prepared, followed by the identification of key potentially important variables. Three approaches (and correspondingly three groups of texts) were identified that analyzed the relationship between religion and fertility: reduction of religion to individual religiosity; reduction of religion to a set of extra-religious variables; and analysis of religion as environment and community. Using the resources of the first two approaches does not allow us to formulate a hypothesis to explain today's Russian paradox of religion and fertility. It is possible to formulate an explanatory hypothesis based on the third class of texts. Kevin McQuillan's study is used to construct a hypothesis and to specify a vocabulary of variables about the Russian paradox. He identifies three aspects of the religious situation (pro-natalist doctrine, strong religious institutions, strong religious identity), which, in his opinion, can only work together to ensure that the principles preached by religion are actually realized. Based on the distinction made by C. McQuillan, as well as on the research of the third group of authors mentioned above, we show that contemporary Russian Orthodoxy cannot fully rely on any of these mechanisms of influence on believers, which, presumably, can explain the lack of an appropriate influence on their decisions in matters of family and marriage.

The Right to Leave: Dissolution of Child, Early, and Forced Marriages and Unions

Global interest in child, early, and forced marriage and unions (CEFMU) is reflected in a large and growing body of research and interventions. Those interventions have focused on raising the minimum age of marriage, establishing laws and penalties for those who ignore these minimums, investing more heavily in girls’ education, addressing structural inequalities, and bringing about gender and social norm change. Missing has been any discussion of the right to leave marriage. As we learn more about the forces that drive child marriages and unions and what works to prevent them, rare is any mention of how these marriages sometimes end and what happens when they do. Human rights standards focus on the ability to choose “if, when, and whom to marry”. We posit that without the ability to decide if and when to leave marriage, marriage cannot be considered a choice. This paper explores why the right to leave marriage matters so deeply, describes the obstacles to girls’ access to divorce and to protections after divorce or separation, and links these to the factors that drive child, early, and forced marriages and unions.

Islam and Local Wisdom: The Mangalap Tukkot Marriage Tradition in the Angkola Batak Community

The mangalap tukkot tradition is a polygamous tradition that can be carried out by the husband if the wife cannot give birth. This tradition is often carried out without permission from the court, as stipulated in statutory regulations. In addition, this tradition also does not involve the results of a medical examination that determines which party cannot give birth. This study aims to analyze how Islamic law views the mangalap tukkot tradition, which is rooted in the practice of marriage in the Angkola community. This research resulted from empirical studies with data collection techniques in the form of interviews and observations. Approach Juridis is used in this study to examine, from the perspective of Islamic law, the tradition of mangalap tukkot. The results of the study show that the mangalap tukkot tradition is normatively in accordance with Islamic law because, in Islam, the reason for not having children is permissible for polygamy. However, when viewed from the maslahah aspect, the mangalap tukkot tradition is not in accordance with the principles of justice for women because it tends to position the wife as a subordinate in matters of marriage. This makes the assumption that women are merely a complement to the interests of men. And this is really contrary to Islamic principles, which prioritize human values like justice, equality, and benefit.

Causes and negative effects of child marriage in Malaysia: A case study

Child marriage in Malaysia is driven by several aspects, including the lack of a standard marriage age and also due to the enabling legislation. Between 2007 and 2017, nearly 15,000 cases of child marriage were reported in Malaysia. However, as of 2018, it is estimated that there are at least 1,500 child marriages every year in Malaysia. The aim of this paper is to analyze the factors of cases related to child marriage from the point of view of factors, legislation and obstacles. The research methodology used is a qualitative design through bibliography by obtaining data from past studies whether journals, articles and newspapers as secondary sources. The results of the study found that even though there is Islamic family law that allows age limits at such a young age, from the point of view of accepting the current custom, it is different from the past. The cases that happened as reported in the news media or newspapers as well as the results of previous studies show the importance of parents's awareness and caution in the matter of child marriage so that there are no bad cases and negative impacts that have a long-term impact on the child's life.

ANALISIS HUKUM ISLAM DAN HUKUM ADAT TERHADAP TRADISI PERKAWINAN MASYARAKAT BERDASARKAN PRIMBON (STUDI KASUS DI DESA KUMBANG SARI KEC. JANGKAR KAB. SITUBONDO)

Culture is the legacy of our ancestors. Some people believe culture is something that is sacred and important to do because it has a good impact and some people also believe that custom or culture can cause bad things if it is not practiced in life. Javanese society is still thick with all its culture, one example of marriage culture. Marriage is a very sacred procession in which there are many things that must be passed, especially for Javanese people. Before carrying out marriages, Javanese people usually carry out auspicious day calculations which are often called primbon. Where this primbon is done to calculate the pros and cons of a family of couples who will marry. In this study, the researcher focused on the analysis of Islamic law and customary law on community marriage traditions based on primbon (a case study in the village Kumbang Sari, Jangkar District, Situbondo Regency). the author finds that the local community still adheres to adat, especially in matters of marriage. On this occasion, the author will reveal about the process of calculating good days and good dates (Primbon) according to the views of customary law and Islamic law. The author thinks this research is very good, considering that in this era there are not many people who preserve customs and culture, field studies in the village of Kambang sari the authors found that the majority of the people there still adhere to Javanese customs, especially regarding marriage in terms of determining auspicious days and auspicious dates. in a marriage.

Mergers and Legal Fictions: Coverture and Intermarried Women in India

AbstractWithin India's system of plural personal laws, the rights of women in matters of marriage, divorce, and inheritance are solely based on their natal communal identity. While we see many examples of women appealing to courts to secure or improve their rights vis-à-vis personal laws, marriage outside the community has often occluded these rights completely. Marital property, inheritance, and even access to sacred space are in a gray zone of differentiated rights between natal and marital community customs. One intermarried woman, Goolrukh Gupta, sued the trust that managed the town's sacred space in the High Court to confirm her rights to enter sacred space. The Court ruled that she was removed from her natal community even though she had married under the Special Marriage Act of 1954, as she had “merged personality with her husband.” While British women's property was held under coverture through the nineteenth century, these laws were never transferred over to the Indian colony. Through the legal appeals of intermarried women, this article explores the shifting and unstable rights of intermarried women in India.