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All Journal HUMANISMA : Journal of Gender Studies Al Ushuliy
Yustiloviani Yustiloviani
Universitas Islam Negeri (UIN) Mahmud Yunus Batusangkar
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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DENDA AKIBAT PUTUSNYA PEMINANGAN: STUDI KASUS DI JORONG BATANG GADIH NAGARI BATIPUAH BARUAH Yulia Elfina Rahmi; Yustiloviani Yustiloviani
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9859

Abstract

The main problem in this study is fine for the innocent party in terminating the proposal, but because he is the one who decides the proposal, he is the one who is fined. From these problems, the question arises, What are the factors that cause the termination of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah, What is the view of Islamic law regarding the implementation of the payment of fines due to the termination of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah, and the implementation of payment of fines as a result of the termination of the proposal. This research is a field research, data or research materials obtained through interviews. This study uses primary data sources and secondary data sources. Data processing was carried out in a qualitative descriptive manner and explained through effective sentences. The results of this study are that first, the factors causing the termination of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah are caused by economic factors, third person, ethics, and time. The view of Islamic law regarding the implementation of payment of fines due to the breakdown of the proposal in Jorong Batang Gadih Nagari Batipuah Baruah, namely the implementation of fines due to the termination of the proposal is not following Islamic law, because in Islamic law it is explained that fines are sanctions or punishments applied in the form of a person's obligation to pay a sum of money imposed as a result of the violation.
The The Burial Shroud as Dowry: Discrimination Against Women in the Reality of Minangkabau Custom : Discrimination Against Women in the Reality of Minangkabau Custom Nur Azizah Azizah; Rahmiati rahmiati; Shafra Shafra; Elkhairati; Yustiloviani yustiloviani
HUMANISMA : Journal of Gender Studies Vol. 10 No. 1 (2026): January-June 2026
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/humanisma.v10i1.10435

Abstract

In Nagari Padang Laweh, a dowry in the form of a burial shroud (kain kafan) is determined by customary law. This provision applies to every woman who marries, whether a maiden or a widow. The tradition aims to promote social equality and prevent jealousy among community members. However, from the perspective of Islamic law, women are granted the right to determine their own dowry as a form of respect, appreciation, and protection, as emphasized in Qur’an Surah An-Nisa (4):4. This study aims to analyze the social and legal meanings of the dowry tradition involving a burial shroud in Nagari Padang Laweh, and to examine its compatibility with the principles of dowry (mahr) in Islamic law. The research employs a qualitative approach with normative-descriptive analysis. Data were collected through interviews with customary leaders, religious scholars, and married couples, as well as a review of classical Islamic jurisprudence literature. The findings reveal that although the dowry tradition in the form of a burial shroud is intended to promote social equality, it effectively nullifies women’s rights and neglects their protection, even appearing discriminatory. In Islamic law, the dowry is prescribed as something possessing economic value and utility, symbolizing honor and recognition of a woman, and she is granted the right to determine its form. Therefore, the dowry tradition involving a burial shroud is categorized as an ‘urf fasid (corrupt custom) because it contradicts the objectives of Islamic law in upholding the rights and dignity of women within marriage. Keywords: dowry; burial shroud; women’s protection; Islamic law; Minangkabau customary law.
Co-Authors Elkhairati Nur Azizah Azizah Rahmiati rahmiati Shafra Shafra Yulia Elfina Rahmi