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Convergence of Islamic Law and Customary Law in Melinting Lampung Traditional Marriage M. Shofwan Taufiq; Adhimaz Kondang Pribadi
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6007

Abstract

The law is all regulations which contain regulations that must be obeyed by everyone and there are strict sanctions in it for those who violate it. The purpose of this study was to obtain a specific description of one of the phenomena of marriage among the people of Lampung Keratuan Melinting. The interaction discourse between Islamic law and customary law is not a phenomenon that will present numerical data, so it cannot be investigated directly and cannot be summed with simple measuring tools. Thus the quantitative method cannot be used, because it does not pretend to solve the problem. Non-traditional marriages performed among indigenous peoples are substantially not much different from marriages performed by people who are not bound by customary rules. The difference is that in its implementation, non-traditional marriages still have to be approved by the customary balancers.
Leadership in the Family from the Perspective of Modern Family Jurisprudence M. Waritsul Firdaus. F; M. Shofwan Taufiq
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1137

Abstract

The evolving view in society regarding the status and role of women is still divided into two opposite poles. On the one hand, it is generally argued that women should be in the home, serve their husbands and only have a domestic role. Meanwhile, on the other hand, there is also a growing notion that women should be free in accordance with their right to freedom. In this study, the authors used a type of library research. The primary data source in this study is progressive Muslim fiqh. The secondary data sources are books that support the author to supplement from the primary data source. The result of this study is Q.S. An-Nisa: 34 it is often mistaken that all men are female leaders, including in the family. The word ar-rijal in question is a man in particular, that is, a certain husband because of the consideration of the continuation of the verse because they provide for part of their property. So here is a continuation of the verse God has exaggerated some of them over others, which shows that the man in question is the one who has advantages in various respects from the female