Sahaja : Journal Sharia and Humanities
Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities

Customary Fines for Broken Marriage Promises: The Dendo Tudung Malu Sanction in Kedepatian Tigo Luhah Semurup, Kerinci

Susi Susanti (Kerinci State Islamic Institute)



Article Info

Publish Date
20 Sep 2024

Abstract

Dendo Tudung Malu is a customary fine imposed on a party who unilaterally breaks a marriage promise (khitbah) in Kedepatian Tigo Luhah Semurup, Kerinci, Jambi. Islamic jurisprudence treats betrothal as a non-binding promise, whereas local custom attaches binding sanctions to its cancellation. This study examines the considerations underlying the fine, the procedure for imposing it, and its standing in Islamic family law. A qualitative descriptive field study was conducted in March and April 2025 through observation, interviews, and documentation involving customary leaders (depati), customary guardians (tengganai), a religious leader, people who had paid the fine on the male and female sides, and a community leader. The fine rests on five considerations: material loss, moral harm and restoration of reputation, customary norms as social control, deliberation among customary leaders, and justice based on the party who cancels. It is set through a four-stage deliberation at nine kayu of cloth (IDR 22,500,000). The practice largely meets the criteria of valid custom ('urf ?a???) and protects property and honour, but the automatic double return imposed on women, the subjective valuation of shame, and the lack of written records require reform.

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Journal Info

Abbrev

sahaja

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Sahaja specifications in the discourse of Sharia and Humanities. Sahaja invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related. That aims to encourage and promote the study of the sharia and humanities from a wide range of scholarly ...