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All Journal JOURNAL OF INDONESIAN ISLAM
Marliyah, Marliyah
Fakultas Syariah UIN Sumatra Utara
Religion Social Sciences

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WHEN RULES AND TRADITION COLLIDE: A Human Rights Perspective on Legal Policy Denial on Islamic Javanese Marriage Ethnomathematical Norms Fajruddin Fatwa, Ah; Marliyah, Marliyah
JOURNAL OF INDONESIAN ISLAM Vol 18, No 2 (2024)
Publisher : State Islamic University (UIN) of Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/JIIS.2024.18.2.579-606

Abstract

This study focuses on presenting legal anomalies in the protection of ethnomathematical norms of customary marriage norms in Indonesian marriage law. Although various legal provisions appear to protect the existence of customary marriage norms, judge decisions related to disputes over customary marriage norms are proven indifferent to its existence. In this article, legal materials were collected by studying the provisions on the protection of marriage norms and several religious court decisions that rejected them. Normative legal research with a statutory and case approach are used in this research. The research found three main findings, namely: first, the provisions of marriage law in Indonesia recognize and protect the legitimacy of customary marriage including ethnomathematics norms; second, the rejection of ethnomathematical norms in marriage regulations stems from their lack of clear and explicit recognition within Indonesia's legal framework. The third finding of this research reveals that dismissing the existence of ethnomathematical norms conflicts with human rights principles, which are intended to safeguard the fundamental rights of every citizen. These findings indicate the need for legal reform to integrate customary marriage norms into the national legal system to ensure more comprehensive and effective protection of the citizen’s rights.
Co-Authors Fajruddin Fatwa, Ah