IBDA': Jurnal Kajian Islam dan Budaya
Vol. 22 No. 1 (2024): IBDA': Jurnal Kajian Islam dan Budaya

Legal Protection for Women and Children in the Marriage Tradition of Muslim Communities

Sudirman (Unknown)
Intan Suria Hamzah (Unknown)



Article Info

Publish Date
01 Apr 2024

Abstract

The Muslim community in East Java has a tradition of marriage that is believed to be a virtue. The tradition of marriage must provide legal protection for women and children. This study aims to (1) analyze the legal culture in the marriage tradition of the Muslim community in East Java and (2) find a model of preventive legal protection for women and children in the marriage tradition of the Muslim community in East Java. This research method is sociological research, which is expressed in quantitative data. Based on the research results, it is known that preventive legal protection for the Muslim community in East Java can be done by making the dowry an economic guarantee, providing monthly money, and the need for a prenuptial agreement. The Muslim marriage tradition in East Java typically sees wives joining their husbands' homes or establishing a shared residence, leading to a customary practice where wives may return to their own families upon divorce despite contributing to jointly owned homes. To address the economic vulnerabilities women and children face post-divorce, legal provisions should include stipulations on marriage dowry amounts, monthly financial obligations for wives, and requirements for prenuptial agreements to safeguard their interests. Implementing such protections would mitigate the financial repercussions experienced by wives and children following divorce.

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Journal Info

Abbrev

ibda

Publisher

Subject

Religion Arts Humanities

Description

IBDA`: Jurnal Kajian Islam dan Budaya focuses on the study of Islamic culture that developed in society, as well as the culture that developed in Muslim societies. The scope of the study includes: a) Beliefs system in Islam, b) Ideas of Muslim scholars, c) Ritual system in Islam, d) Islamic ...