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All Journal Al Hurriyah : Jurnal Hukum Islam USRATY : Journal of Islamic Family Law
Wensislaus Parut
Pontificial Facoltà Teologica Marianum
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Discrimination in the Registration of Marriages of Different Religions: Regulation and Practice in Southeast Asia Wensislaus Parut; M. Ridha Rahmat Putra; Ferdi Yufriadi; Valensius Ngardi; Meisya Anggraini Rizki
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8544

Abstract

This research focuses on discrimination against religious minorities in Indonesia, Malaysia and Brunei Darussalam, three countries with strong religious traditions and legal systems. As a result of this diversity, different religious backgrounds often raise significant legal and social issues when they want to register their marriages, resulting in unpredictable events and difficulties when settling serious matters. This research utilises a qualitative methodology to examine legal texts, court judgements, court decisions, and data from case studies and interviews, which illustrate the complex interaction between religious and sectarian law. Through a comparative analysis of laws in Indonesia, Malaysia and Brunei Darussalam, this study explains how religious and sectarian norms in the legal system impact discriminatory practices. The research findings of legal and administrative challenges faced by interfaith couples, such as denial of marriage registration and the risk of social stigma, suggest a broader tension between religious authorities and state governance. With comprehensive legal reforms that not only address religious issues but also protect the rights of all individuals, and provide valuable insights and recommendations that can be implemented globally by those responsible for the practice of law, particularly in Indonesia, Malaysia and Brunei Darussalam
Customary Authority in the Deduaian Tradition of Lampung Saibatin Marriage from Islamic Legal Perspectives Annisa Saraswati; Linda Sari Bulan Siregar; Wensislaus Parut
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): Editions July-December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8688

Abstract

This research aims to examine the role of customary authority in the Deduaian tradition within the Lampung Saibatin marriage system in Bandar Lampung, Indonesia, and to analyze its meaning from Islamic legal perspectives. The study employs a qualitative approach with field research design, using an interpretive-analytical orientation in which data are collected and interpreted directly from the research setting through observation, interviews, and documentation. The findings reveal that the Deduaian tradition is structured through a sequence beginning with family agreement and permission from inner customary leaders, followed by systematic notification to the community, traditional leaders, religious figures, and government representatives through door-to-door communication, and continuing with a ritual bathing procession at Batanghari River involving female customary representatives from the Mena, Dukhi, Kanan, and Kikhi tribes who escort the bride-to-be in a closed ceremonial setting before she is dressed in traditional attire and paraded to the wedding house under customary supervision. The study concludes that the Deduaian tradition functions as a living customary practice (‘urf) that is socially recognized and continuously practiced, operating within the boundaries of Islamic legal permissibility while reinforcing customary governance and social order. This research contributes to the preservation of the deduaian process through stories and traditional ceremonies among the people of Lampung. It also emphasizes the importance of safeguarding cultural heritage and promotes cross-cultural understanding at a global level.
Co-Authors Annisa Saraswati Ferdi Yufriadi Linda Sari Bulan Siregar M. Ridha Rahmat Putra Meisya Anggraini Rizki Valensius Ngardi