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The Law of Passorong Ownership in Mandar Community Marriage, Majene Regency: A Comparison Study of Islamic Law and Positive Law Supriadi, Supriadi; Ridwan P, Muh.
Al-Bayyinah Vol 7, No 1 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.3131

Abstract

The presence of Passorong in the Mandar ethnicity of Majene Regency is a gift of wealth from the prospective husband to his prospective wife to enter into a marriage. Passorong in terms is similar to dowry in Islamic law, which is a gift from the groom to the bride. This study is a field study with a qualitative descriptive research type. The source of data in this research is the Office of Religious Affairs in Majene Regency. The approach used consists of normative theological, juridical, sociological, anthropological, and philosophical approaches. Methods of data collection obtained directly from the field using observation techniques, interviews, and documentation. Data processing using deductive techniques with qualitative descriptive analysis. The results of the study show that the mechanism for giving passorong in the marriage of the Mandar community in Majene Regency is usually in the form of objects that have value or benefits. The mechanism for giving Passorong goes through several stages before the marriage contract, namely an agreement is made after the proposal process takes place, such as mattandajari and maccanring. Passorong objects given by prospective husbands to prospective wives vary, but are usually in the form of gold and land and coconut trees accompanied by land, real or converted in rupiah. The practice of giving a passorong is in line with Islamic law, giving a passorong is classified as a musamma dowry, because it determines the amount and type of item that is used as a dowry at the time the marriage contract takes place. While in positive law, legally speaking a certificate has not been issued in the name of the wife, in the Law on Basic Agrarian Regulations and Government Regulation Number 24 of 1997 concerning land registration that a passorong is in the form of land if to obtain eigendom rights over land must be certified in the name of the wife .
FAKTOR PENYEBAB PERKAWINAN ANAK DI KABUPATEN MAJENE MENURUT PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Supriadi, Supriadi; Ansar, Lukman; Ridwan P, Muh.
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol. 6 No. 2 (2024): Volume 6, Nomor 2, Desember 2024
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v6i2.7181

Abstract

This article examines the factors causing the increase in child marriage in Majene Regency, West Sulawesi Province from 2018 to 2022. Apart from aiming to determine the factors causing child marriage, another aim of this research is to determine the impact of child marriage in Majene Regency. The type of research used was qualitative, which was carried out in Majene Regency, West Sulawesi Province. The approach used is theological-normative and juridical-sociological. Data collection techniques through interviews and documentation. Meanwhile, the analysis used is qualitative descriptive analysis. The research results show that: 1). The main factors causing the increase in child marriage in Majene Regency are: (a) School dropout factor. This is due to a lack of knowledge, so it is easily influenced by the environment; (b). Social factors, such as uncontrolled teenage relationships, which result in teenagers' tendency to marry quickly at a young age; (c). Economic factors, economically disadvantaged families encourage child marriage, with the assumption that marrying their children can help the family's economy. 2). The impact of child marriage according to Islamic law and positive law, including: a). reproductive health impacts, potentially threatening the lives of mother and child when giving birth; b). The mental and psychological impact, because child marriage is a burden on children, is something they are not yet able to face mentally. With so many harms resulting from child marriage, according to Islamic law and positive law, child marriage must be prevented and prohibited from occurring.