Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Sahaja : Journal Sharia and Humanities
Susi Susanti
Kerinci State Islamic Institute
Religion Humanities Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Customary Fines for Broken Marriage Promises: The Dendo Tudung Malu Sanction in Kedepatian Tigo Luhah Semurup, Kerinci Susi Susanti
Sahaja: Journal Sharia and Humanities Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/6871yt61

Abstract

Dendo Tudung Malu is a customary fine imposed on a party who unilaterally breaks a marriage promise (khitbah) in Kedepatian Tigo Luhah Semurup, Kerinci, Jambi. Islamic jurisprudence treats betrothal as a non-binding promise, whereas local custom attaches binding sanctions to its cancellation. This study examines the considerations underlying the fine, the procedure for imposing it, and its standing in Islamic family law. A qualitative descriptive field study was conducted in March and April 2025 through observation, interviews, and documentation involving customary leaders (depati), customary guardians (tengganai), a religious leader, people who had paid the fine on the male and female sides, and a community leader. The fine rests on five considerations: material loss, moral harm and restoration of reputation, customary norms as social control, deliberation among customary leaders, and justice based on the party who cancels. It is set through a four-stage deliberation at nine kayu of cloth (IDR 22,500,000). The practice largely meets the criteria of valid custom ('urf ?a???) and protects property and honour, but the automatic double return imposed on women, the subjective valuation of shame, and the lack of written records require reform.
Co-Authors