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All Journal Jurnal Ilmiah Al-Syir'ah Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan
Sunuwati Sunuwati
Institut Agama Islam Negeri Parepare
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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BETWEEN CUSTOMARY TRADITION AND ISLAMIC NORMATIVITY IN BUGIS SIDRAP MARRIAGES: REASSESSING THE SYMBOLIC STATUS OF BEPPA MENRE THROUGH ‘URF Jesika Jesika; Abd. Karim Faiz; Aris Aris; Sunuwati Sunuwati
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 8 No 1 (2026): Volume 8, Nomor 1, Juni 2026
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v8i1.11636

Abstract

This study aims to analyze the types of beppa menre, their symbolic meanings, and the construction of its perceived “obligation” from the perspective of ‘urf in Bugis customary marriages in Sidenreng Rappang Regency (Sidrap). This research is a qualitative field study conducted in Mattirotasi Village, Watang Pulu District, with data collected through in-depth interviews, observation, and documentation involving customary leaders, religious figures, and families who both practice and omit the tradition. The analysis employs ‘urf theory in Islamic law alongside symbolic interactionism to interpret the philosophical meanings embedded in the tradition. The findings reveal six principal types of beppa menre, nennu-nennu, sikaporo, beppa pute, bolu peca, didoro and dadara’ balanda, each representing values of unity, harmony, purity of intention, togetherness, and resilience in marital life. From the perspective of ‘urf, this practice may be categorized as ‘urf ‘amali and ‘urf khas as it is a living custom within the Bugis community, while its perceived “obligation” is socio-cultural rather than a normative requirement under Islamic law. This study contributes to Islamic legal scholarship by enriching discussions on the relationship between customary practices and Sharia principles in contemporary Muslim marriage traditions.
Dwangsom: Investigate the Conceptual Basis of Religious Court on Child Custody Rulings Sudirman L; Sunuwati Sunuwati; Muh. Alim Fasieh
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2500

Abstract

This study aims to investigate the philosophical underpinnings of the law regarding the issue of religious court judges' decisions regarding the right to control and care for children. Various Religious Court decisions cannot be obeyed voluntarily by the party controlling the child (the Defendant) because the mother provides the finest care for children under 12. Based on the decision of the party entitled to care for the child (Plaintiff), and according to the survey, several respondents found the decision to be hollow (illusion). It is a normative study with a conceptual approach that is then descriptively and qualitatively analyzed. Initially, the application of Dwangsom in child support cases was psychological pressure on the Defendant to voluntarily carry out the provisions of the decision and psychological protection for the child, according to the results. Despite this, Dwangsom must be provided upon request. Second, a court decision grants a Dwangsom petition, effectively legalizing the practice in cases of religious child-rearing. Thirdly, the Judge's approval of the Plaintiff's request to establish Dwangsom positively affects the renewal of Islamic family law in Indonesia because numerous decisions regarding child support are not made voluntarily.
Post-Divorce Polygamy in Tana Toraja: The Intersection of Islamic Law and Local Culture Saidah Saidah; Rukiah Rukiah; Sunuwati Sunuwati; Zaini Nasohah
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3156

Abstract

The enforcement of women's rights concerning the restriction of polygamy during the iddah period following divorce is a significant problem in Islamic family law, especially within minority Muslim groups such as Tana Toraja. This paper examines a particular research gap: the inadequate comprehension of how local cultural practices affect the application of Islamic family law in minority settings. This study utilizes a legal methodology, integrating interviews with stakeholders from the local Religious Affairs Office and conducting document analysis of legal rulings, policies, and pertinent literature. The findings identify certain impediments, such as the impact of local cultural norms that frequently contradict Islamic legal principles and a lack of legal understanding within the community. The study proposes two principal recommendations to tackle these challenges: (1) improving legal education customized for the cultural context of minority Muslim communities, and (2) fortifying oversight mechanisms and law enforcement procedures via collaboration among local authorities, religious leaders, and community organizations.
Co-Authors Abd. Karim Faiz Aris Aris H. Sudirman L. Jesika Jesika Muh. Alim Fasieh Rukiah Rukiah Saidah Saidah Zaini Nasohah