AL-MAIYYAH: Media Transformasi Gender dalam Paradigma Sosial Keagamaan
Vol 14 No 1 (2021): AL-MAIYYAH

Requestioning Pregnant Women Again Out of Wedlock in Bugis Community in the Modern Era: Perspective of Human Rights and Islamic Law

Hannani Hannani (Institut Agama Islam Negeri Parepare)



Article Info

Publish Date
14 Jun 2021

Abstract

This study aims to discuss the issue of pregnant women out of wedlock in Bugis community in the modern era in relation to the shift in the value of customary sanctions from the perspective of human rights and Islamic law. This study consists of two problems, namely the application of customary sanctions against women who are pregnant out of wedlock and the shift in the value of customary sanctions against women who are pregnant out of wedlock in the modern era from the perspective of human rights and Islamic law. The research methodology was carried out using a qualitative-descriptive field research approach. Data collection by way of observation, interviews, documentation. Sources of data are from the Bugis community, both academics and traditional leaders. Data processing is carried out with data related to the study and data analysis carried out by the theory of legal change and the theory of human rights. The results of the study show that 1) The application of customary sanctions against pregnant women out of wedlock in Bugis community is seen as a disgrace and shame so that customary sanctions called dipaoppangi tana apply, namely women are considered dead and the lineage from their family is erased, unless men are willing marrying a woman who causes her to become pregnant, or it can be with another man who is commonly known as pattongko siri, and 2) Traditional sanctions against women who become pregnant out of wedlock have experienced a shift in values both in the system of norms after being studied in Islamic law and human rights.

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Journal Info

Abbrev

almaiyyah

Publisher

Subject

Religion Education Social Sciences Other

Description

AL-MAIYYAH: Media Transformasi Gender dalam Paradigma Sosial Keagamaan is an international peer-reviewed journal that publishes original research articles and critical reviews in the fields of gender studies and socio-religious studies, with a particular focus on Muslim societies. The journal ...