Islamic legal perspective on the prohibition of marriage for women without the ability to knit typical Lombok woven fabric (Menyesek): A case study in Sukarare Village, Jonggat District, Central Lombok District
DOI:
https://doi.org/10.61511/eaebjol.v2i1.2024.805Keywords:
islamic law, marriage, woven fabrics, customs, LombokAbstract
Background: The custom of weaving the clothes is a custom of the ancestors of the people of Sukarare Village, which must be carried out at weddings. Having weaving skills is a requirement that must be met for women before carrying out a marriage contract. If a woman does not have weave skills, she is prohibited from carrying out the marriage. This article will discuss the problem of the practice of prohibiting marriage for women before they can weave in Sukarare Village, Jonggat District, Central Lombok Regency, and what the perspective of Islamic law is regarding the prohibition of marriage for women before they can weave in Sukarare Village, Jonggat District, Central Lombok Regency. Methods: Researchers used field research with a qualitative descriptive approach. Data collection techniques include observation, interviews, and documentation. Two data sources were used, namely primary data and secondary data. Findings: This research finds that the practice of prohibiting marriage for women who cannot yet knit traditional Lombok cloth has begun to erode. Conclusion: According to Islamic law, the prohibition of marriage for women before they can sesek is a marriage prohibition that can be justified because: First, it brings benefits to each individual and many people. Second, it is included in the authentic urf as long as it does not conflict with Islamic teachings. Novelty/Originality of this Study: The intersection between local customs and Islamic law, specifically focusing on the unique tradition in Sukarare Village that prohibits women from marrying until they can weave traditional Lombok cloth, offers a rare insight into the coexistence and mutual influence of cultural practices and religious principles on marriage laws in a specific Indonesian community.
References
Ali, M. I. “Rights and Obligations of Husband and Wife According to Islamic Law in Constructing Sakina Family.” Al Mashaadir: Jurnal Ilmu Syariah 3, no. 2 (2022): 130–42. https://doi.org/https://doi.org/10.52029/jis.v3i2.94
Asman, A., & Muchsin, T. “Maqasid Al-Shari’ah in Islamic Law Renewal: The Impact of New Normal Rules on Islamic Law Practices during the Covid-19 Pandemic.” Mazahib, 2021, 77–102. https://doi.org/https://doi.org/10.21093/mj.v20i1.2957
Asman, A., Marilang, M., & Kurniati, K. “Existence of Marriage Agreements in Islam Development Studies in the Community of Malay Border Indonesia-Malaysia.” Jurnal Ilmiah Al-Syir’ah 19, no. 1 (2021): 16–29. https://doi.org/http://dx.doi.org/10.30984/jis.v19i1.1256
Bello, S. I. A. A., & Hassan, R. B. “Application of ‘urf in Islamic and Conventional Bank.” Journal of Arts and Humanities 2, no. 4 (2013): 62–72. https://doi.org/https://doi.org/10.18533/journal.v2i4.98
Brée, S. “Who Attends the Wedding? Parents and Witnesses of Suburban Brides and Grooms.” The History of the Family 26, no. 3 (2021): 377–404. https://doi.org/https://doi.org/10.1080/1081602X.2021.1918208
Dewi, S. F., Montessori, M., Saputra, R. A., Farsalena, S., Fatmariza, F., Febriani, R., & Yulika, F. “The Role of Culture in Cross-Cultural Marriage among Minangkabau Women.” Journal of International Women’s Studies 20, no. 9 (2019): 68–82. https://doi.org/https://vc.bridgew.edu/jiws/vol20/iss9/7
Doorn-Harder, N. van. “Polygamy and Harmonious Families: Indonesian Debates on Gender and Marriage.” In Gender and Islam in Southeast Asia, 55–71, 2013. https://doi.org/https://doi.org/10.1163/9789004242920_004
Finnis, John. “Marriage: A Basic and Exigent Good.” The Monist 91, no. 3–4 (2008): 388–406. https://doi.org/http://www.jstor.org/stable/27904089
Jatmiko, B. D. W., Hidayah, N. P., & Echaib, S. “Legal Status of Interfaith Marriage in Indonesia and Its Implications for Registration.” Legal Status of Interfaith Marriage in Indonesia and Its Implications for Registration 2, no. 3 (2022): 166–77. https://doi.org/https://doi.org/10.53955/jhcls.v2i3.43
Jufri, J., & Hannani, H. “The Effectiveness of Marriage Guidance for Prospective Bride in Building the Sakinah Household.” Al-Iftah: Journal of Islamic Studies and Society 1, no. 2 (2020): 25–35. https://doi.org/https://ejurnal.iainpare.ac.id/index.php/aliftah/article/view/2498
Khatun, M., Islam, M. A., & Latif, A. A. “The Multifaceted Significance Of Marriage: Exploring Its Role In Religion, Family Dynamics, Social Cohesion, And Economic Context.” International Journal of Social Sciences & Humanities (IJSSH) 7, no. 1 (2022): 55–70. https://doi.org/https://ijssh.ielas.org/index.php/ijssh/article/view/70
Mirza, Q. “Islam, Hybridity and the Laws of Marriage.” Australian Feminist Law Journal 14, no. 1 (2000): 1–22. https://doi.org/https://doi.org/10.1080/13200968.2000.11081858
Muassomah, M., Habibi, N., & Ngarifah, I. “Islam and Culture.” In International Symposium on Religious Literature and Heritage (ISLAGE 2021), 205–11. Atlantis Press, 2022. https://doi.org/10.2991/assehr.k.220206.026
Mwambene, L. “Marriage under African Customary Law in the Face of the Bill of Rights and International Human Rights Standards in Malawi.” African Human Rights Law Journal 10, no. 1 (2010): 78–104. https://doi.org/https://hdl.handle.net/10520/EJC51913
Saiin, A. “Prohibition of Marriage Due to Maqashid Sharia Perspective, An Approach.” Advances in Humanities and Contemporary Studies 2, no. 1 (2021): 33–40. https://doi.org/https://publisher.uthm.edu.my/periodicals/index.php/ahcs/article/view/1641
Saleh, S. M., & Baqutayan, S. M. “What Is the Islamic Society.” . . International Review of Social Sciences and Humanities 2, no. 2 (2012): 113–19. https://doi.org/https://www.researchgate.net/profile/Shadiya-Baqutayan/publication/267408246_What_is_the_Islamic_Society/links/55c01a7a08ae9289a09b6789/What-is-the-Islamic-Society.pdf
Suwarjin, S. “‘Nasi Sawo’ as a Legitimacy of The Rejang Tribe Community’s Traditional Marriage in The Urf Perspective.” JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, Dan Keagamaan 7, no. 2 (2020): 203–13. https://doi.org/https://ejournal.iainbengkulu.ac.id/index.php/mizani/article/view/10227
Yamamah, A. “The Existence of Al-Urf (Social Tradition) in Islamic Law Theory.” IOSR Journal Of Humanities And Social Science (IOSR-JHSS) 21, no. 12 (2016): 43–48. https://doi.org/http://repository.uinsu.ac.id/id/eprint/2360
Yuslem, N., Pagar, P., & Iwan, I. “Married Adjustments Below On Java And Melayu Community In District Deli Serdang (Analysis Of Law No. 1 Year 1974 And Compilation Of Islamic Law).” International Journal of Humanities and Social Science Invention 6, no. 10 (2022): 27–36. https://doi.org/http://repository.uinsu.ac.id/id/eprint/15912
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